How do you claim compensation for damages?

Question

José Manuel Alburquerque · Accepted Answer

First in writing, to the person who caused the damage and to their insurer, explaining what happened, what damage you have suffered and how much you are claiming, with the evidence. Since April 2025, before suing you must attempt to reach an agreement, for example with a written invitation to negotiate or through mediation. If no agreement is reached, the claim is filed in court, without a lawyer or a court agent (“procurador”) if the amount does not exceed 2.000 euros. If the damage was caused by a public authority, the route is different, a claim for compensation made to the authority within one year. If the event may be a criminal offence, compensation can also be sought in the criminal proceedings. The written claim Gather the evidence, such as photos, witnesses' details, medical reports, invoices and quotes. If the damage is technical or significant, commission a report from an expert. Work out how much you are claiming, listing each item separately, such as the repair, expenses, what you have been unable to earn and non-pecuniary damage (distress). Ask the person responsible for their insurance details, which they are obliged to give you. Claim against the insurer as well. Send the claim by a method that leaves a record of the date and the content, such as a “burofax” (a certified letter with proof of content). That way you interrupt the time limit for claiming. The attempt to reach an agreement Since 3 April 2025, in most civil matters, including damages claims, a claim will not be admitted unless an appropriate dispute resolution method (the “MASC”) has first been tried, that is, any serious way of seeking an agreement without a judge, such as negotiation, mediation or a binding offer. In October 2025 the civil sections of the “Audiencia Provincial” of Barcelona, the provincial appeal court, agreed on these criteria: Any form is valid, including direct negotiation between the parties or between their lawyers. It is enough to state in writing a willingness to negotiate in good faith and to say what is being claimed. A firm proposal is not required, but a mere demand for payment announcing that a claim will be brought is not enough. If the other party does not reply or does not want to negotiate, it is enough to prove that the invitation was sent to them and that they received it. A burofax, an email or a WhatsApp message will do if it leaves a record of both. Items sent through “Correos”, the Spanish postal service, that the addressee does not collect after being left a notice also count. In road traffic accidents, the prior claim to the insurer is enough. If you are claiming as a consumer against the company that sold you the product or provided you with the service, your prior complaint to the company is enough when it does not reply in time or its reply does not satisfy you. Whatever is said in the negotiation is confidential and is not mentioned in the court claim. These are the criteria of the Barcelona provincial appeal court. Other courts may be stricter. The invitation can go in the written claim itself if it genuinely proposes negotiation. It should include everything you will later ask for in the court claim. The request to negotiate also interrupts the time limit for claiming. If the other party does not reply or the negotiation ends without agreement, the law requires the claim to be brought within one year of receipt of the invitation or of the end of the negotiation. After that year, a new attempt to reach an agreement will have to be made before suing. The court claim Up to 2.000 euros, you can file it yourself, without a lawyer or a court agent, using the form that the courts provide. Above that figure, both are compulsory. Up to 15.000 euros, it goes through the “juicio verbal”, the simplified procedure, which is quicker. Above that, through the “juicio ordinario”, the ordinary procedure. It is normally filed with the court where the defendant is domiciled. In road traffic accidents, with the court for the place where the accident happened. Proof of the attempt to reach an agreement must be submitted with the claim. If it is missing, the court may allow a short period for it to be submitted, but if no genuine attempt was made, it will not admit the claim. If the damage was caused by a public service, such as a town council or the public health service, this attempt to reach an agreement is not needed. A claim based on the “responsabilidad patrimonial” of the public authorities is filed with the authority concerned within one year.