After an accident, the insurer usually calls soon with a number. And, many times, that first offer is way below what you really do. Knowing your rights, time limits and how compensation is calculated is the difference between collecting the fair or signing over for lack of knowledge. We explain it to you clearly.
What to do in the first few hours (what your claim decides)
What happens right after the accident conditions everything else. It should:
- Notify the police or the Civil Guard if there are injuries or disagreement between the parties: reported It will be a key test.
- Fill in the friendly part with calm and without taking blame you don't have. What you sign there weighs.
- Go to the doctor as soon as possible, even if you find yourself «Good.». There are lesions (cervical, contractions) that appear hours later, and if there is no initial medical part, then it is very difficult to prove that they come from the accident. The first medical report It's decisive.
- Save everything: photos of the site and damage, witness data, invoices and medical parts.
How much you have to do: the baremo
In Spain, compensation for road traffic injury is calculated with a legal system of assessment of the damage, the known baremo, regulated by the Law 35 / 2015. It's not a figure. «to the eye»: the law sets amounts according to objective criteria.
That baremo is updates each year in accordance with the revaluation of pensions. Stop 2026 the amounts have increased a 2,9% for the previous year.
The compensation consists mainly of three blocks:
- Basic personal loss: the days you take to heal, classified according to how they affect your life (from days «core» up «very serious»if you are hospitalized or you can't afford it).
- Sequels: the consequences that remain once stabilized (a scar, a loss of mobility, chronic pain), valued at points.
- Economic losses: medical, travel, loss of profits (which you stop entering), damage to the vehicle and others.
This may be added to particular damage (e.g. loss of quality of life or aesthetic damage).
The deadlines: don't let time go
Time plays against you. Two essential references:
- The general time limit to claim for personal damage is of one yearwhich begins to count, as a general rule, since you heal or stabilize your injuries (not since the day of the accident).
- For the material damage govern their own time limits.
It is a period of time. prescription, so it is appropriate to act without delay and, above all, to document well the time of discharge.
The claim process, step by step
- Prior claim to the insurer. Before going to trial, the law requires that a complaint be submitted to the company of the person responsible.
- Reasoned offer or response. The insurer must respond: if she recognizes her responsibility, with a Reasoned offer (a justified amount); if not, with a Reasoned response explaining why.
- Medical report on the part. To negotiate well, an independent medical assessment should be made that quantifies days and sequelae according to the scale. That's what balances the balance against the insurer's expert.
- Negotiation. Most cases are resolved at this stage, without trial.
- Judicial use. If there is no agreement or the offer is unfair, it is brought to court.
The most common error: accept the first offer
Here's the point where the most money is lost. The first offer of the insurer is usually lower of what would correspond according to the baremo, especially because it tends to undervalue sequelae Or close the case before you're fully recovered.
A couple of captures:
- Don't sign a finite. or a document of «balance and final» before you're fully stabilized and know what the consequences are. When signing, normally you renounce to claim more.
- Don't take a figure without contrasting it. with the baremo and preferably with a medical report of its own.
What if I was the culprit, or was it a passenger?
Two situations that give rise to many doubts:
- The occupants of the vehicle (passengers) are entitled to compensation even if the driver of his own car was the culprit, from the insurance.
- Even with Concurrence of guilt (shared liability), you may be entitled to proportional compensation.
That's why a professional should look at your case before he discards it.
Frequently asked questions
How much time do I have to claim? As a general rule, one year for personal damage, counted since you heal or your injuries are stabilized.
How much exactly do I have? It depends on the days of healing, the sequelae and the economic damage, calculated with the scale of Law 35 / 2015, updated by 2.9% in 2026. Every case is different.
The insurance company has already made me an offer. Do I accept it? Not without contrast. The first offers are usually short. It should be assessed with the baremo and a medical report of its own before signing anything.
Can I claim if I was on a passenger? Yeah. Passengers are entitled to insurance compensation, even if the culprit was the driver of the vehicle in which they were travelling.
This article is informative and does not constitute legal advice. The amount of compensation depends on the circumstances and medical reports of each case. In LEYNVER ABOGADOS we value your accident, we calculate what really corresponds to you according to the barefoot and we claim in front of the insurer to get you to the right. Contact us for a non-commitment assessment.
