Following a road traffic accident (RTA), most Spanish drivers make the same mistake: leaving their case exclusively in the hands of the solicitor assigned by their insurance company. It seems like the most convenient and logical choice, doesn't it? After all, you are already paying for it in your policy.
However, what many are unaware of is that, by law, you have the absolute right to choose a private solicitor of your choice, and in the vast majority of cases, your insurer must cover their fees (either in full or in part).
Conflict of Interest: Who is the Real Client?
The main issue with "in-house" insurance solicitors is dependency. Large insurance providers in Spain have collaboration agreements (such as the CIDE or ASCIDE agreements) to streamline payments between one another.
If your solicitor works for Company "A", and Company "B" (the party at fault) has an agreement with yours, a perverse incentive exists to settle the case quickly and for a minimum amount. A company solicitor will rarely fight for that final 10% or 20% of compensation if it means going to trial against a company with which their boss has commercial agreements.
Your Greatest Ally: Article 76 of the Insurance Contract Law
In Spain, the right to the free choice of a solicitor is not a suggestion; it is the law. Article 76 of Law 50/1980 on Insurance Contracts establishes that the insured party has the right to freely choose the professional who shall defend and represent them in any proceedings.
Key Note: This right exists to guarantee that your defence is independent and that no one imposes a solicitor upon you whose interests may clash with your own.
How does Legal Expenses Insurance work?
Almost all car insurance policies in Spain include Legal Expenses cover. This is where the financial "magic" is hidden:
- The Policy Limit: Your insurance usually covers between £600 and £3,000 (or even unlimited amounts in premium policies) to pay for an external solicitor.
- The Reimbursement: You hire a private solicitor, they manage your compensation claim, and at the end of the process, you present the invoice to your insurer to be reimbursed for the money spent, up to your contract’s limit.
- Total Independence: The private solicitor is paid by you (or via the policy), meaning their sole objective is for you to receive the maximum possible compensation for your injuries and material damages.
Key Differences: Insurance Solicitor vs. Private Specialist Solicitor
| Aspect | Insurance Solicitor | Private Specialist Solicitor |
|---|---|---|
| Independence | Limited by agreements between companies. | Total and absolute. |
| Compensation | Usually accepts the minimum scale (baremo). | Fights for every point regarding long-term sequelae and loss of earnings. |
| Service | Mass management of case files. | Personalised and attentive service. |
| Cost to you | £0 (but you could lose money on the compensation). | £0 or very low (covered by your legal expenses insurance). |
Steps to Exercise Your Right in Spain
If you have had an accident, do not wait for the company to decide for you. Follow these steps:
- Do not sign anything immediately: The insurer will try to get you to accept their solicitor from the very first call. Say that you are thinking about it.
- Find a Civil Liability Specialist: Contact a firm that only handles road traffic accidents. They will review your policy free of charge to see how much your legal expenses cover provides.
- Communicate the Appointment: Your new solicitor will draft a letter for your company informing them that you have decided to exercise your right to free choice. From that moment on, the insurer must stand their solicitor down and make way for yours.
Conclusion
In the Spanish legal system, the "Traffic Scale" (Baremo de Tráfico) is complex. Factors such as "moderate personal injury days," aesthetic sequelae, or loss of earnings (what you stop earning due to the accident) are often ignored by company solicitors to avoid lengthy litigation.
Using a private attorney isn't "going against your insurance company"; it's simply using coverage you're already paying for each year. Don't let the payer decide how much your injuries are worth.
