What generally happens in life is you are going about your day to day business and all of a sudden you find yourself out of the blue caught up in a car accident. Whether it happens in your daily routine or maybe on a trip or during your holiday you never know when it is going to happen so it is best to be prepared for such events. Hopefully no parties are injured in the accident but even if this occurs you should always know what to do in such cases, ask yourself do I know the procedure?, even if it is a minor accident.
Some useful numbers : Emergency Number 112 : Local Police Number 091 : Guardia Civil Number 062
Now when this occurs in Spain, even if it was or was not your fault both parties involved can settle the matter if it is a minor incident without Police involvement. But if an agreement can’t be made or anyone has been injured the police should be called and they will make a report of the incident.
If the other driver is not cooperative you need to get as many details off them as you can, look out for any witnesses and get their contact details, make a note of the model of their car, the colour and inportantly write down their registration plate, try and get their other details like name address and contact number and driving license number. Also try and get the name of their Insurer. If you call your Insurance company they should help you through the process.
If your policy includes roadside assistance and your car is not drivable then you should call Insurer’s accident number who will arrange to have your vehicle towed to the nearest garage or to your home, so try to have an idea of where you are before speaking to them.
If you or any passenger received any injuries always get medical help and make sure you get a report of the injuries as at a later date these will be required by your Insurer. State what injures were caused resulting from the accident. This will be proof that is used by your insurer or possibly Spanish courts and may affect whether or not you receive any compensation.
Make sure you get in contact your Insurer. In Spain the law states that you must report any accidents within 7 days to your Insurance company to report any accidents.
Police reports of accidents are often used as proof of who caused the accident and these reports should be included when reporting your accident and subsequent claims for damages. Plus when people have been injured be sure to include a copy of the medical reports.
We recommend getting legal advice prior to accepting any compensation offered by an Insurer.
If the accident was the other persons fault you have up to 6 months to report the incident to the Spanish authorities and in doing so you are starting a criminal procedure and the offending driver could be charged with an offence. If the criminal court’s judge decides the other driver is was not at fault you still may start a civil suite within a year of the accident.
All victims of a car crashes, whether injuries or damages are entitled to indemnity. Compensation applications can be made to the local court of where the accident took place.
When physical injuries are involved a court’s Doctor will need to examine the injured, this is to help the court decide the amount of compensation. This can also be settled out of court if your lawyer negotiates your indemnity directly with the insurance company.
Make sure you have a good lawyer representing you in these cases who has a background in this field.