The landscape of road traffic accident compensation in Spain has undergone its most significant transformation in a decade. As of 2026, claimants are navigating a system redefined by Law 5/2025, which transposed European Directives and updated the classic 2015 "Baremo" (Scale) to better reflect modern mobility and economic realities.
Whether you are a driver, a pedestrian, or a user of personal mobility vehicles (VMPs), here is the essential guide to claiming traffic accident compensation under current Spanish law.
The 2026 Baremo Update: 2.7% Increase
Each year, the Spanish government adjusts the compensation amounts to prevent victims from losing purchasing power due to inflation. For 2026, the official update is an increase of 2.7% across all compensation tables.
This increase applies to the three main pillars of any claim:
- Death (Fallecimiento): Compensation for family members and dependents.
- Permanent Injuries (Secuelas): Physical or psychological damage that persists after medical treatment.
- Temporary Injuries (Lesiones Temporales): Compensation for the "healing days" from the date of the accident until medical discharge.
Daily Compensation Rates for 2026
If you are injured and undergoing treatment, your "healing days" are categorized by how much the injury affects your daily life. The 2026 rates are:
| Type of Day | Description | Rate per Day (2026) |
|---|---|---|
| Very Grave | Loss of autonomy (e.g., ICU stay). | 130,44 € |
| Grave | Loss of autonomy for most essential activities (Hospital stay). | 97,83 € |
| Moderate | Loss of autonomy for personal development (Sick leave/Baja). | 67,82 € |
| Basic | Medical treatment without significant impact on daily tasks. | 39,13 € |
Pro Tip: In 2026, the definition of "Moderate" injury has been expanded. It now more explicitly includes the inability to perform specific personal development activities, not just professional work.
Major Legal Changes: Law 5/2025
The reform introduced by Law 5/2025 is a game-changer for several reasons:
- VMPs and Electric Scooters: As of January 2, 2026, personal mobility vehicles (electric scooters) are now classified as "light personal vehicles" and must have compulsory civil liability insurance. This ensures that victims of scooter accidents have a guaranteed path to compensation.
- Insurer Insolvency: A new safety net has been established. If an insurance company (even a foreign one operating in Spain) becomes insolvent, the Consorcio de Compensación de Seguros (Insurance Compensation Consortium) will now guarantee the payment of compensation to victims.
- Future Medical Expenses: The law now simplifies how future healthcare costs are handled, allowing for direct payments to mutual insurance companies for long-term recovery, ensuring the victim doesn't have to pay out-of-pocket for ongoing care.
Claiming Your Compensation: The Timeline
The process for claiming in 2026 remains highly structured. You must follow the "Out-of-Court" path before entering a courtroom:
- Medical Stabilization: You cannot calculate the final compensation until you have reached "medical stability" (when injuries have healed or reached a permanent state).
- The Pre-trial Claim (Reclamación Previa): You must send a formal claim to the insurer. They have three months to provide a “Motivated Offer.”
- Independent Assessment: If the offer is too low, Law 5/2025 encourages using independent medical experts or mediation rather than immediate litigation to speed up the process.
Why You Need an Independent Specialist
As we’ve discussed previously, the Right to Free Choice of Counsel (Article 76 of the Insurance Contract Law) is more vital than ever in 2026. With the complexity of the new Law 5/2025 and the updated Baremo, an insurance-appointed lawyer may prioritize a quick settlement over a legally precise one.
A private lawyer will ensure that the 2.7% inflation adjustment is applied correctly to every single day of your recovery and every point of your secuelas.
