What can you claim after a road accident in Spain? Injuries, expenses and property damage
Learn which injuries, expenses, lost earnings and property damage may be included in a road accident claim in Spain.
After a road accident in Spain, a claim does not have to be limited to the cost of repairing the vehicle. Depending on the circumstances, it may cover personal injury, treatment-related expenses, lost earnings and property damage. Every item must be supported by evidence and linked to the accident.
PERSONAL INJURY
A claim may take account of injuries and recovery time, temporary limitations in everyday activities, scarring, lasting physical effects and psychological harm. Psychological consequences should be supported by medical evidence. The assessment will depend on medical follow-up, the duration of recovery, any lasting effects and the degree of responsibility of those involved.
EXPENSES AND LOST EARNINGS
Necessary and reasonable expenses for treatment, medication, rehabilitation and travel to medical appointments may be included. If the injuries prevented the injured person from working, lost earnings may also be claimed when supported by payslips, employer certificates, tax records or self-employment documentation.
PROPERTY DAMAGE
Vehicle repairs, or the vehicle's value in a total-loss case, are assessed separately. Towing, storage and other belongings damaged in the accident may also be relevant. Photographs, repair estimates, invoices and proof of ownership should be kept.
DOCUMENTS TO KEEP
Useful evidence includes the police report or agreed accident statement, photographs of the scene and damage, medical records, prescriptions, invoices, travel receipts, proof of income and all correspondence with the insurer. A properly documented claim makes it easier to identify and quantify every recoverable item.
CLAIMING FROM THE INSURER
As a general rule, once the insurer receives the claim, it has three months to make a reasoned offer if liability and the amount of damage are established, or to provide a reasoned response. Receiving an offer does not necessarily mean that every item has been included or correctly assessed.
Every accident requires an individual assessment. Before accepting an insurer's offer, it is advisable to check whether all injuries, expenses, lost earnings and property damage have been considered. VMG Servicios Jurídicos provides legal guidance and assistance with preparing an out-of-court claim.
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