Frequently asked questions
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Civil liability
Claiming damages
- If it is not a road traffic accident, is there any table for calculating compensation?
- How long do I have to claim damages?
- How much money can you claim in damages?
- How do you claim compensation for damages?
- How much does a claim for damages cost?
- What is non-pecuniary damage and when can it be claimed?
- How much is paid for non-pecuniary damage (distress)?
- What is civil liability and when must compensation be paid?
- What is the difference between contractual and non-contractual liability?
- What is loss of earnings or profit (“lucro cesante”) and how is it calculated?
- If there are criminal proceedings, is compensation obtained there or in separate civil proceedings?
- If the person responsible is declared insolvent, will I go unpaid?
Road traffic accidents
- How much compensation will I get for a road traffic accident and how is it calculated?
- What is the statutory compensation scale for traffic accidents (the “baremo”) and where can its tables be found?
- How much compensation is paid for whiplash?
- After a road traffic accident, how much will I be paid for each day of sick leave or rehabilitation?
- In a road traffic accident, how much do you receive for each after-effect point?
- If I am discharged from medical treatment with after-effects following an accident, what can I claim?
- If I have an accident that is not my fault, what expenses and damage do they have to pay for?
- How long does it take to get compensation for a road traffic accident?
- If a family member dies in a road traffic accident, who receives the compensation?
- Do I have to declare accident compensation on my income tax return?
- If I am knocked down while crossing where I should not, do I still get paid?
- If I cannot work because of the accident, do I get paid for the earnings I lose?
- If I did not see a doctor straight away or did not take sick leave, will I be paid for whiplash?
- If I was partly to blame for the accident, do I get paid anything?
- How is it decided who is at fault in an accident?
Medical negligence
- How long do I have to claim for medical negligence?
- When is something considered medical negligence?
- What are the most common types of medical negligence?
- How do you prove medical negligence?
- What steps do you need to take to claim for medical negligence?
- How do you claim for negligence by “Social Security” or a public hospital?
- How much does it cost to claim for medical negligence?
- What does winning a medical negligence case depend on?
- How much compensation can you get for medical negligence?
- How long does it take to receive compensation for medical negligence?
- How do I request my medical records and what do I do if they refuse?
- Can you claim for a misdiagnosis?
- If a dentist has botched my treatment, what can I claim?
- For medical negligence, is it better to report it as a crime or to bring a civil claim?
- If I was not informed of the risks of an operation or treatment, can I claim?
- If the after-effects of medical negligence take time to become known, when does the time limit start?
- If I signed the informed consent form, can I still claim?
- Do I need a medical expert to claim for negligence?
- If my relative died as a result of medical negligence, can we claim?
- If a cosmetic surgery operation goes wrong, can I claim?
- Can you claim for an infection caught in hospital?
- Can you claim for negligence during childbirth?
- Is there any point in complaining to the hospital or the Medical Association (“Colegio de Médicos”)?
Construction defects
- How long do I have to claim for defects in my new-build home?
- Who do I claim against for defects in my new-build home: the developer, the builder or the architect?
- How do you claim for construction defects?
- If the developer or the builder does not fix the defects, what should I do?
- If I can no longer claim under the “LOE”, Spain's Building Act, is there another way to claim against the architect?
- Can the owners' association claim for construction defects in the building?
- If the architect I hired makes a mistake in the design, what can I claim?
- If I notice defects when I get the keys to my new-build home, what should I do?
- How much does an expert report on construction defects cost?
- If the developer has gone bankrupt or disappeared, who do I claim against for the defects?
Renovations and latent defects
- If my renovation work has been badly done, what can I do?
- How long do I have to claim for defective renovation work?
- Can I refuse to pay for defective work?
- If I buy a second-hand flat with latent defects, can I claim against the seller?
- If the renovation work was done without a contract or an invoice, can I claim?
- If I sold a flat and the buyer is claiming against me for latent defects, what can I do?
Lawyers, notaries and other professionals
- Can I make a claim against my lawyer for negligence?
- How long do I have to make a claim against my lawyer?
- If the agency (“gestoría”) or the tax adviser makes a mistake, what can I claim from them?
- What is professional negligence and when can you make a claim?
- Is a complaint to the Bar Association (“Colegio de Abogados”) any use?
- If a notary makes a mistake, can I claim damages from them?
- Can you make a claim against a vet for negligence?
Damage caused by public authorities
- If I fall in the street because of a loose paving slab or a hole, can I claim against the town council?
- How much compensation can I get for a fall in the street?
- How long do I have to claim against the public authorities and when does the time limit start?
- How do I file a claim for compensation with the town council?
- If a pothole damages my car, who pays?
- What is the “responsabilidad patrimonial” of the public authorities and when do they pay compensation?
- How long do the public authorities take to reply and what happens if they do not?
- If I have an accident on a road or motorway in poor condition, who do I claim against?
- If a tree belonging to the town council falls on my car, who pays?
Defective products
- If a defective product causes me damage, is the manufacturer or the shop liable?
- Does the guarantee cover me if a defective product causes me damage?
- How long do I have to claim for damage caused by a defective product?
- What do I have to prove to claim for a defective product?
- What damage caused by a defective product can I claim for?
- If a battery, an e-scooter or a charger catches fire and damages my home, who pays?
- If I buy a product online from outside Europe and it causes me damage, who do I claim against?
Damage in everyday life
- If a dog bites me, who is liable and how much can I be paid?
- If I get food poisoning at a restaurant, can I claim?
- If my child gets hurt at school, is the school liable?
- Do parents have to pay for the damage caused by their minor children?
- If a power cut or a power surge damages my household appliances, can I claim against the electricity company?
Insurance law
Policies, premiums and cancellation
- Can my insurer put the price up or drop me for making a claim?
- How much notice do you need to give to cancel insurance?
- If I sell my car or house, what happens to the insurance?
- Can a policy clause I did not sign be applied to me?
- If I missed a premium payment and had a claim, am I covered?
- If I did not tell my insurer about a change, can it refuse to pay?
- Can I cancel an insurance policy I have just taken out?
- What is the waiting period in an insurance policy?
Claims against insurers
- What can you do if your insurer refuses to pay?
- When can an insurer refuse to pay?
- How long do I have to bring a claim against an insurer?
- How many days do I have to notify my insurer of a claim?
- How do you complain to Spain's insurance regulator?
- Do I need a lawyer to claim against an insurer?
- Can I choose my own lawyer under my legal expenses insurance?
- If I sign an insurance settlement and release form, can I claim later?
Payment, loss adjusters and interest
- How long does the insurer have to pay a claim?
- What do I do if I disagree with the insurer's loss adjuster?
- Can I get the payout in cash instead of having the damage repaired?
- If someone else caused the accident, do I have to pay the excess?
- What is underinsurance and why am I being paid less?
- What interest must the insurer pay if it pays late?
- Am I entitled to see the report by the insurer's loss adjuster?
- If I have two insurance policies covering the same thing, which one do I claim on?
Damage caused by others
- Can you claim directly from the insurer of the person who caused the damage?
- If I fall in a supermarket or a shop, can I claim against its insurance?
- If I suffer negligent treatment at a private clinic, do I claim against the doctor, the clinic or their insurance?
- What does ten-year structural defects insurance cover and how do you claim?
- How long do you have in Catalonia to claim against the insurance of the person who caused the damage?
- Can I claim against the insurance of the architect or the building surveyor (“aparejador”) for defects in my home?
- If my lawyer missed a deadline, can I claim against their insurance?
- If my tax adviser (“gestor”) made a mistake and the tax authorities fine me, does the adviser's insurance pay?
Home and rental insurance
- What does home insurance not cover?
- If my home is burgled without the door being forced, will my insurance pay out?
- If there is rain, wind or flooding, does my insurance or the Consorcio pay?
- How do you claim from the Consorcio de Compensación de Seguros?
- If my dog bites someone, will my insurance pay for it?
- Is liability insurance compulsory for dogs?
- If matching tiles cannot be found, does the insurer have to replace them all?
- If my home is burgled and I have no receipts, will my insurance pay out?
- If a power surge burns out my appliances, will my insurance pay?
- Does home insurance cover damage caused by squatters?
- If my child causes damage to someone else, does home insurance cover it?
- If my rent guarantee insurance will not pay, what can I do?
Water damage, neighbours and the owners' association
- If water comes through from the flat above, does my insurance pay or my neighbour's?
- How do you claim against your neighbour's insurance?
- If the neighbour who caused damage to my home has no insurance, will my own insurance pay?
- When does the owners' association's insurance pay for water damage?
- If the flat is let, what does the landlord's insurance cover and what does the tenant's cover?
- What water damage does home insurance cover?
- What can I do if the owners' association's insurer refuses to pay?
- If my neighbour's building work causes cracks in my home, does their insurance pay?
- If a fire in the flat next door damages my home, who pays?
- If I fall in the entrance hall or on the stairs, will the owners' association's insurance pay?
Life and accident insurance
- How do I find out if a deceased relative had life insurance?
- How do you claim on a life insurance policy and how long does it take?
- What is the time limit for claiming on life insurance?
- Who receives the life insurance payout if the beneficiary has died or there is none?
- If I renounce the inheritance, can I receive the life insurance payout?
- In what cases does a life insurance policy not pay out?
- Can a life insurer refuse to pay because of an undisclosed illness?
- How do you change the beneficiary of a life insurance policy?
- If I divorce and my ex is still the beneficiary, do they receive the life insurance payout?
- Do you have to declare cancer you have recovered from when taking out insurance?
- Does life insurance cover suicide?
- Does a heart attack count as an accident for insurance purposes?
Disability, health and sick leave
- Does life insurance cover permanent total disability or only absolute disability?
- Does my private medical insurance cover an illness I already had?
- Can my private medical insurer drop me or sharply increase my premium because of my age?
- If my disability is recognised after the policy has expired, does the insurance cover me?
- If the INSS recognises my disability, does the insurance have to pay me?
- If I have income protection insurance and they do not pay me, what do I do?
- If my private medical insurance will not authorise a test or an operation, what should I do?
Mortgages and loans
- What insurance can the bank require me to take out for my mortgage?
- Can I cancel my mortgage life insurance?
- If a mortgage borrower dies, what does the insurance pay and who claims it?
- If I pay off my mortgage early, do I get part of the insurance premium back?
- If the borrower on a personal loan dies, does the insurance pay it off?
Funeral and travel insurance
Road traffic
- What do I do if the driver at fault has no insurance?
- How do I find a car's insurer from its registration number?
- If the other driver's insurer will not pay, what do I do?
- What should I do if the other driver will not sign the accident report form?
- What is the reasoned offer (“oferta motivada”) and what happens if I do not accept it?
- If my car is a total loss (write-off) and it was not my fault, do I only get the pre-accident value?
- If the car had not passed its ITV, does the insurance pay?
- If someone not named on the policy drives my car, does the insurance pay?
- If I tested positive for alcohol, can my insurer claim back what it paid?
- If someone hits my car and I do not know who it was, or they flee the scene, who pays?
- If I was injured as a passenger, who do I claim against?
- If I have an accident with a foreign car, who do I claim against?
- If I have an accident with an expired driving licence, does my insurance cover me?
- If I hit a wild boar, who pays?
- Can I choose my own garage or must I use the insurer's?
E-scooters and electric bicycles
Inheritance and succession
Wills
- Can you challenge a will in Catalonia?
- How much does it cost to make a will before a notary?
- Is a handwritten will valid in Catalonia?
- Can a person with Alzheimer's or dementia make a will?
- Can a will be changed?
- What is a succession agreement in Catalonia?
- How should a married couple with children make their wills in Catalonia?
- What are the advantages of making a will in Catalonia?
- Can you leave your estate to your carer or to your care home?
- Can a person with a disability make a will in Catalonia?
Forced share and freedom of testation
- How much is a child's forced share in Catalonia?
- Can I leave more to one child than to another in Catalonia?
- How do you claim the forced share in Catalonia and what is the time limit?
- Can you disinherit a child in Catalonia?
- In Catalonia, can you leave everything to your partner if you have children?
- If I have no children, can I leave my estate to whoever I like in Catalonia?
- Do lifetime gifts count when dividing the estate in Catalonia?
Who inherits
- Who inherits if someone dies without children in Catalonia?
- How can you find out whether the deceased made a will?
- When is a declaration of heirs needed and how much does it cost?
- Who inherits if there is no will in Catalonia?
- What is the difference between an inheritance and a legacy?
- How do I find out if I am someone's heir?
- Do grandchildren inherit if their parent died before their grandparent?
- How is the estate divided if there are children from a previous marriage?
- Is a stepchild entitled to inherit in Catalonia?
- Who cannot inherit in Catalonia?
Widows, widowers and stable partners
- What does a widow or widower inherit in Catalonia?
- Does an unmarried partner inherit in Catalonia?
- Does the inheritance I receive also belong to my spouse?
- What is the widow's quarter (“cuarta viudal”)?
- What happens to the usufruct if the bare owner or the usufructuary dies?
- Do you need to be registered as a stable partner to inherit in Catalonia?
Procedures after a death
- How do you claim a deceased person's money from the bank?
- How much does it cost to settle an estate?
- What do you need to do when a relative dies?
- How long can a property stay in a deceased person's name?
- What happens to a joint account if one of the holders dies?
- Who has to pay for a relative's funeral?
- How do you put a deceased person's car in the heir's name?
- What does an executor do and what can they do without the heirs?
- How much is an executor paid in Catalonia?
- What happens if money is withdrawn from a deceased person's account?
- How long does it take to settle an estate?
Acceptance, renunciation and debts
- What does it mean to accept an inheritance with the benefit of inventory?
- If I renounce an inheritance, who does my share go to?
- How long do I have to accept an inheritance in Catalonia?
- What happens if the estate has debts?
- Do you have to go to a notary to accept an inheritance?
- What happens to the mortgage when the borrower dies?
- Can you renounce an inheritance in favour of someone else?
- Can an inheritance be attached if the heir has debts?
- What do you need to accept an inheritance?
- What is an estate in abeyance (“herencia yacente”)?
- Can one heir accept the inheritance while another does not?
Division and sale of inherited assets
- What can be done if an heir refuses to sign the inheritance deed?
- Can a sibling be forced to sell the inherited flat?
- How is an estate divided between siblings?
- How much does it cost to take over your siblings' share of an inherited flat?
- Can an inherited flat be sold without having settled the estate?
- Can the inherited house be sold if the mother has the usufruct?
- What happens to the quotas (“participaciones”) in a company when the shareholder dies?
Taxes
- What is the deadline for paying inheritance tax in Catalonia?
- Do you have to pay municipal capital gains tax when you inherit a flat?
- Is it better to make lifetime gifts or leave an inheritance in Catalonia?
- What taxes do you pay when selling an inherited flat?
- How much does a sibling, nephew or niece pay to inherit in Catalonia?
- Can inheritance tax be paid with money from the estate?
- How much do you pay to inherit your parents' house in Catalonia?
- How much inheritance tax do you pay in Catalonia?
- Who is exempt from inheritance tax in Catalonia?
- How much are the usufruct and the bare ownership worth?
- What value is given to a flat for inheritance tax purposes?
- What happens if the inheritance tax return is filed late?
- Do I have to declare an inheritance on my income tax return?
- How and where do you file inheritance tax in Catalonia?
- Who files a deceased person's income tax return?
- Is inheritance tax payable on life insurance or a pension plan?
- How can you pay less tax on an inheritance in Catalonia?
- How much is the tax on giving money to a child in Catalonia?