If, after an accident in Málaga, no agreement is reached and the versions of events are contradictory, the process leaves the "amicable" route and enters a phase of technical and legal dispute. Do not worry; this is very common, and there are established protocols to resolve it.

This is what happens step-by-step:

 

1. The "Rejection of Agreement" (Rechazo de Convenio)

Normally, insurers communicate via a computerised system (CIDE/ASCIDE) to accept liability within 48 hours. If there is no agreement:

  • Your company will send a formal claim to the opposing party.
  • The other company will issue a "Rejection of Agreement", arguing that their client is not responsible.
  • At this point, the case remains "blocked" administratively until new evidence appears.

 

2. Involvement of Legal Departments

This is where your insurance policy is key. Almost all insurance policies include Legal Defence; it is highly recommended to choose a private solicitor who is independent of both companies and specialises in traffic accidents.

This solicitor will analyse the existing evidence (police reports, witnesses, photos, videos, location of material damage, etc.) to coordinate a defence, either through amicable channels or through the courts.

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3. The Extrajudicial Claim (Pre-action Protocol)

Before proceeding to court, a mandatory claim for a Reasoned Offer (Oferta Motivada) is sent. The following are attached:

  • Medical reports regarding your injuries.
  • Expert assessment of the car's damage.
  • Evidence of liability (photos, police report). The law obliges the opposing company to respond within a maximum period of 3 months.

 

4. Legal Proceedings: The Last Resort

If the other company maintains its refusal, the only remaining option is to take the matter to court (Civil Proceedings).

  • Verbal Trial (Juicio Verbal): If the amount is small (less than €15,000), the process is relatively fast.
  • Ordinary Trial (Juicio Ordinario): For larger amounts.
  • The Judge decides: After hearing from the accident reconstruction experts, the judge will typically issue a judgment determining who is liable to pay.

 

What should you do right now?

If you see that an agreement is unlikely, take these measures immediately:

  • Do not repair the car yet: If you must, ensure that a loss adjuster sees it first or that the garage takes detailed forensic photos. If the case goes to trial, the condition of the vehicle serves as evidence.
  • Collect witness details: If you have the phone number of anyone who saw the accident, call them now and mention that the insurance company may contact them.
  • Seek independent advice: Sometimes, your own insurers (especially if they are low-cost or have agreements with each other) may not fight hard enough. An external solicitor specialising in accidents in Málaga can be more assertive in defending your interests.

 

Important information for Málaga: The Civil Courts are located in the Ciudad de la Justicia (Teatinos). If the accident occurred in the capital, this is where any potential litigation would be resolved.