If I have an accident that is not my fault, what expenses and damage do they have to pay for?

Question

José Manuel Alburquerque · Accepted Answer

The personal injury and damage to property that the accident has caused you, provided you can prove them. For your injuries you are entitled to what the statutory compensation scale for traffic accidents (the “baremo”) sets for the days it takes you to recover, any operations and any after-effects. On top of that come medical expenses, the other costs your injury causes you and the earnings you lose. For damage to property you are owed the repair of the vehicle, towing, the hire of another vehicle if you needed one and any belongings that were damaged, such as clothes, a helmet or a mobile phone. The insurer of the person at fault cannot deduct any excess. For your injuries In addition to what the scale sets for the days of injury, operations and after-effects, the insurer of the person at fault owes you the following: The cost of the medical care, rehabilitation, medicines and prostheses prescribed for you. For accidents occurring on or after 26 July 2025, the law expressly recognises your freedom to choose the healthcare centre where you are treated. The costs your injury causes you in your daily life while you recover, if they are justified and reasonable. The law mentions the extra cost of getting around, for example by taxi to rehabilitation, the journeys made by relatives who look after you when your condition requires it and whatever is needed to care for your children who are minors or other vulnerable people you were looking after. The earnings you lose while you cannot work or, if you look after your home, an amount for not being able to do the housework. If you are left with after-effects, also the loss of income they cause you in the future. If the after-effects are serious, the future costs they entail, such as prostheses, adapting your home or car or help from another person. For damage to property The repair of the vehicle, at the garage of your choice. If repairing it would be clearly disproportionate to what it is worth, you are paid its value plus a supplement for the inconvenience of finding another one. Towing, storage and the hire of another vehicle while yours is at the garage, or the loss of its use if you can prove it. If you use it for work, such as a taxi or a delivery van, also the earnings you lose while it is off the road. Clothes, a helmet, glasses, a mobile phone, a child's car seat and any other belongings that were damaged. How to get paid Keep all invoices, receipts and other proof of your expenses, because expenses are only paid if they are proven. Make a written claim to the insurer of the person at fault as soon as possible. A court claim will not be admitted without that written claim, which, according to the “Audiencia Provincial” of Barcelona, the provincial appeal court, also counts as the attempt to reach an agreement that the law requires before going to court. You have one year to claim, in Catalonia too. To be on the safe side, count the year for damage to the car from the accident and the year for injuries from when they stabilise. If you also want to claim against the driver, do so within that same year. If the person at fault had no insurance, the claim is made to the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund. The fees of the lawyer and experts you hire to make the claim are not always recovered. If your policy includes legal expenses cover or damage claims cover, your insurer pays them, within the policy limits.