If I was injured as a passenger, who do I claim against?

The insurer of the vehicle you were travelling in, even if the driver was your partner, a relative or a friend. Compulsory motor insurance covers all the occupants except the driver who caused the accident. If it collided with another vehicle, you can also claim against the other vehicle's insurer. Compensation is calculated using the statutory compensation scale for traffic accidents (the “baremo”) and may be reduced if you contributed to your own injuries, for example by not wearing a seatbelt.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

Who to claim against

  • The insurer of the vehicle you were travelling in.
  • If another vehicle was involved, the other vehicle's insurer as well. The usual course is to claim against both. How they share the cost between them should not delay your compensation.
  • If the vehicle was uninsured or stolen, the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund. It can only refuse if it proves that you got in knowing that the vehicle was uninsured or stolen.

How

  • Make a written claim to the insurer, enclosing the police report and the medical reports. It has three months to make you a reasoned offer (“oferta motivada”) or give you a reasoned reply.
  • You have one year from when your injuries stabilise to make a claim, in Catalonia too. A written claim interrupts that period, but once you are notified of the offer or the reasoned reply a new one-year period starts to run.

What you should know

  • The reduction for your own fault can be as much as 75 %, for example if not wearing a seatbelt made the injuries worse. There is no reduction for children under 14.
  • If you knew the driver had been drinking, the insurer must still pay you. Some courts reduce the compensation for having accepted that risk, but the Court of Justice of the European Union does not allow that reduction to be disproportionate.
  • The driver who caused the accident is not covered by the compulsory motor insurance of their own car. Their injuries are only paid for by personal accident insurance covering the driver, if they have it.
  • If you were travelling by bus or coach, there is also compulsory passenger insurance (“seguro obligatorio de viajeros”).

This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.