How much compensation will I get for a road traffic accident and how is it calculated?

Question

José Manuel Alburquerque · Accepted Answer

There is no fixed amount per accident. Compensation for injuries is always calculated using the statutory compensation scale for traffic accidents (the “baremo”), the system laid down by law that pays for each day it takes to recover, each operation and any after-effects that remain, as well as expenses and lost earnings. Damage to the car and to other belongings is paid for separately, according to what it costs to repair or replace them. The scale in force on the day of the accident applies, with its amounts updated to the year in which the compensation is set. What you receive depends above all on the medical report, which states how long you took to recover and what after-effects you are left with. What is paid for For harm to people, the scale distinguishes the following items: The days of injury, from the accident until you recover or until the injuries stabilise, which is when they no longer improve and whatever remains becomes an after-effect. Each day is paid according to its severity. In 2026, a basic day, the lowest level, is paid at about 39,20 euros. Each operation, with an amount that depends on its complexity. The after-effects, rated in points according to their severity. Their value in euros depends on the points and on the injured person's age. The expenses caused by the injury, such as medical costs, rehabilitation or travel, if they are documented and reasonable. Loss of earnings (“lucro cesante”), which is the income lost through being unable to work, if it is proven. If the victim dies, the amount each bereaved relative receives, under a separate set of tables. Damage to the car, clothes, mobile phone and other belongings is not assessed under the scale. It is paid for according to what it costs to repair or replace those items, to the extent that the other driver was at fault. An example A person takes 60 days to recover and on 20 of those days the injury prevents them from working. With the 2026 amounts, those 20 days are paid at about 67,96 euros, which is the amount for a day of moderate personal harm. The other 40 are paid at 39,20 euros. That makes 1.359,20 euros for the former and 1.568 euros for the latter, 2.927,20 euros in total. To that are added the expenses, any lost earnings and, if any remain, the after-effects. The 67,96 euros already includes the basic daily amount, which is not added again. The date that counts and recent changes From 2026, the amounts in the scale rise every 1 January in line with the previous year's consumer price index (CPI). In 2026 they rose by 2,9 %, which is how much prices rose in 2025. For an older accident, the rules and amounts for the year of the accident are used and updated to the year of the settlement or the judgment. Law 5/2025 has reformed the scale for accidents occurring on or after 26 July 2025. Among other changes, it expressly recognises the victim's freedom to choose the medical centre where they are treated. The insurer reimburses the victim for the documented cost that is medically justified by the injuries. In addition, when calculating the earnings lost because of after-effects or a death, the victim's income is never taken to be lower than the Spanish minimum wage.