Car Accidents in Spain

If the worst happens, it pays to be prepared. Common sense prevails. Make yourself safe and get all the required information, especially from any witnesses. Keep the number of a Spanish friend handy! Don’t get flustered, try to stay calm.

Whether or not the police attend is dependent upon the severity of the accident, and whether there are any injuries. Our guide below will stand you in good stead if you find yourself in this unfortunate position.

Immediately after an accident:

• Of course you must immediately stop.
• Put on your high-visibility jacket (driver and passenger). Do this immediately!
• Turn on your hazard lights
• Put two warning triangles on the road (you have those right?!) One 50m in front of your car and the other 50m behind.
• Do not move the cars until the police arrive unless they are blocking traffic. If that is the case, then take photos of the cars (camera phones are handy!) and possibly mark the positions of the cars if it’s safe to do so.
• Exchange details with the other driver; registration number, name, address and insurance company details.
• Make a note of the license plate numbers of ALL the vehicles and witnesses involved.
• Never sign any paperwork unless certain you understand it!

If anyone has been injured, you must call an ambulance and the police on 112 (Guardia Civil or 092 (Policia Local). You can use the SOS telephones, located on main roads, or call free from your mobile. If there are no injuries and only minor damage caused there is no need to call the police.

If anyone is injured, you should keep them warm and do not move them unless they are in danger. Carrying a first aid kit in your car is a legal requirement in Spain. Witnesses are obliged to contact emergency services and help until the authorities arrive.

If the police do come, they will make an accident report. Help them in any way you can.

The accident report

In the event of a minor accident, the drivers involved must exchange details and write a summary of events, for submission to the insurance companies. If the drivers involved do not agree about how the accident happened you must call the police. Do not sign anything you do not understand or agree with!

Include the following details in the report:

• Date, time and place of the accident.
• Car information: make, model and vehicle registrations.
• Drivers information: Names, addresses, driving licence details (number, category, date and place of issue), Identification (NIE, DNI or passport number)
• Details of insurance companies and policies of all drivers
• Witnesses: names and addresses
• Injuries
• Vehicle damage
• An illustration and explanation of the accident including details of damage caused.
• Circumstances of the accident, including weather conditions, speeds involved and any other details that might be relevant.

Notifying the Insurer

• Notify your insurance company as fast as possible, certainly within seven days
• If there are injuries make sure that the insurance company is informed and provide a medical certificate

If the insured feels that the other driver is to blame, they have two months in with which to make a report to the authorities, and possibly initiate a criminal procedure. If the authorities then decide that the other driver has not committed an office, you may initiate a civil procedure within one year.

In cases where physical injury is involved, the victim must be examined by the court’s doctor to determine whether compensation is payable by the defendant. Of course, if you are in any doubt about any aspect of your accident we advise you to contact a lawyer as soon as possible.

This article was written on Monday, January 4th, 2010
It's filed under: "Motoring in Spain"

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