If I have an accident on a road or motorway in poor condition, who do I claim against?

Question

José Manuel Alburquerque · Accepted Answer

Against the owner of the road, which may be the State, the Generalitat de Catalunya (the Catalan government), a provincial council or a town council, if the accident was caused by a defect in the road or its signage that the owner should have put right. The claim is made under the “responsabilidad patrimonial” of the public authorities, within one year. On a toll motorway run under a concession you can also claim against the motorway operator. If there were roadworks, also against the company carrying them out. If the hazard was left by another vehicle that can be identified, for example a patch of oil or a fallen load, the claim is made against that vehicle's insurer. Who to claim against The owner of the road, which must keep it in the best possible condition in terms of safety and mark any hazards with warning signs. You claim against it on the basis of the liability of public authorities in damages, which obliges them to compensate for damage caused by their services. On a toll motorway run under a concession, also the motorway operator, which is the company that runs it. If there were roadworks, also the company carrying them out. If a patch of oil or a fallen load came from a vehicle that can be identified, that vehicle's insurer, as in any road traffic accident. You must first claim from it in writing and the time limit is one year, in Catalonia too. If it is not known which vehicle it was, the owner of the road may be liable if it did not clean the road or mark the hazard with warning signs within a reasonable time. If you were injured too, you can also claim for your injuries from the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund, which pays for injuries caused by an unidentified vehicle, although you will have to prove that the oil or the load came from a vehicle. If you hit a game animal, such as a wild boar or a deer, special rules apply. The owner of the road can only be liable in two cases, if it did not repair the fence in time or if the loose-animals warning sign was missing on a stretch with many collisions. If the animal had an owner, such as a dog or a horse, its owner or whoever was in charge of it is also liable. How to find out who owns the road Look at the road code and the kilometre marker on the signs. Roads with an A, AP or N code usually belong to the State and those with a C code to the Generalitat. In the province of Barcelona, those with a BV code usually belong to the provincial council, the “Diputació de Barcelona”. If you claim against the wrong authority, it sometimes forwards the claim to the competent one, but it is better not to count on it. What to do and by when Call 112 and ask the police to draw up a police report, which is their official account of the accident. On roads in Catalonia this is usually done by the “Mossos d'Esquadra”, the Catalan police. Take photos of the defect, the lack of signs and the damage. Note down the kilometre marker. Ask for the witnesses' details. Go to accident and emergency even if you think it is nothing and keep the medical reports. The claim to the public authority is made in writing, without a lawyer and without first trying to reach an agreement. The time limit is one year. For injuries it runs from discharge or from when the after-effects are known. For damage to the car, from the accident. To be on the safe side, claim in writing against everyone who might be responsible within the first year. If you were a passenger, you can claim for your injuries from the compulsory motor insurance of the car you were travelling in. The driver, by contrast, is not covered by the compulsory insurance on their own car. The driver's injuries are only covered by driver's personal accident cover, if they have it, unless it is proved that the accident was caused by the poor condition of the road. In that case they are paid by whoever is responsible for the road, normally the public authority.