The deadlines for claiming compensation in 2026 are strictly defined by law and the Traffic Scale (Baremo de Tráfico). It is vital that you respect them, as failing to meet the shortest ones (such as the emergency department deadline) can invalidate your right to receive payment, even if you are in the right.
Here is the legal calendar you must follow:
1. Immediate Deadlines (The most critical)
- 72 hours for A&E (Accident & Emergency): This is the most important deadline for injuries. If you do not go to a hospital or health centre within the first 72 hours after the accident, the insurer will argue a "break in the causal link" and will not pay for your injuries.
- 7 days for the Insurance Company: You have one week to report the incident to your own company (file the claim). Failure to do so does not take away your right to compensation, but compliance is important to avoid future problems.
2. Deadlines for the Claim (Compensation)
The time available to claim the money varies depending on the route you choose:
- Civil Route (The most common and recommended): 1 year. *This year begins to count from the moment of "recovery or stabilisation of sequelae" in the case of injuries. For material damage claims, the period starts from the date of the incident.
- Important: This deadline can be "reset". If you send an official claim via burofax or certified mail before the year ends, the clock returns to zero and you have another year ahead of you.
- Criminal Route: 6 months. *This is only used if the accident involves a crime (positive for alcohol/drugs, gross negligence, or leaving the scene). You have 6 months to file the complaint from the date of the accident.
3. Insurer’s Response Deadlines
Once you have submitted the official claim along with all your medical reports:
- 3 months: This is the maximum time the opposing company has to present you with a Reasoned Offer (how much they are offering you) or a Reasoned Response (why they are not paying you).
Summary of Deadlines in 2026
| Action | Maximum Deadline | Consequence if missed |
|---|---|---|
| Seeing a doctor | 72 hours | You lose the right to compensation for injuries. |
| Reporting to insurance | 7 days | Possible issues with your own policy. |
| Criminal complaint | 6 months | You will only be able to claim via the civil route. |
| Civil lawsuit | 1 year | Your right expires. You will no longer be able to collect anything. |
How is your compensation calculated in 2026?
This year, the amounts in the Traffic Scale (Baremo de Tráfico) have been updated (by approximately 2.7% compared to the previous year). For example:
- Basic personal injury day: ~€39.13
- Moderate personal injury day (sick leave): ~€67.82
- Severe personal injury day (hospitalisation): ~€97.83
