Vitalii Mendel Garkavyi
Road traffic accident claims in Spain
Road traffic accidents

Out-of-court road accident claim

A well-prepared out-of-court claim organises liability, injuries, property damage and financial losses so the insurer can provide a reasoned response and the parties can negotiate settlement.

Preparing a claim, negotiating with the insurer and seeking settlement without initially going to court.

Who it is for

  • Victims seeking to resolve the claim without immediate court proceedings.
  • People who need to organise scattered medical and financial evidence into a coherent claim.

Main requirements

  • Gather evidence on liability and loss.
  • Clearly identify and document each head of claim.
  • Monitor deadlines, insurer responses and medical development.

Documents

  • Accident documents.
  • Medical history and expenses.
  • Vehicle/property-damage evidence.
  • Correspondence and previous insurer offers.

How it works

  • Review documents and missing evidence.
  • Prepare formal claim.
  • Receive and analyse response/offer.
  • Negotiate and document settlement where acceptable.

Frequently asked questions

Do I have to go straight to court?

No. The statutory framework provides for claims against the insurer and many matters can be resolved out of court where liability and amount can be agreed.

Can an existing insurer offer be challenged?

Yes. It can be checked against the evidence and applicable rules and answered with a reasoned counterproposal.

Official sources

Reviewed: 20/08/2026

Road traffic accidents

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