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.
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
Personal injury compensation after a road accident
Medical evidence, temporary injury, sequelae and accident-related expenses.
ReadVehicle and property damage after a road accident
Repairs, total loss, towing, replacement transport and other evidenced expenses.
ReadInsurer reasoned offer after a road accident
Review of the insurer’s reasoned offer/response and compensation calculation.
ReadAccident with an uninsured or unidentified vehicle
Assessment of possible compensation through the Consorcio de Compensación de Seguros in statutory cases.
Read