If someone hits my car and I do not know who it was, or they flee the scene, who pays?

Injuries are paid for by the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund, which acts as a safety net in these cases. Damage to the car, on the other hand, is only paid for if there was also significant personal injury, which the law defines as death, permanent disability or injuries requiring a hospital stay of more than three days. If not, it is only covered by your own policy if that policy includes own-damage cover, for example a fully comprehensive policy. Always report it to the police, because if the vehicle is identified later you will be able to claim for all the damage, including the damage to the car, from that vehicle's insurer or, if it was uninsured, from the Consorcio.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

If there are injuries

  • Claim from the Consorcio with the report you made to the police, the medical reports and proof of your expenses. The procedure is the same as with an insurer.
  • You have one year to make a claim, in Catalonia too, counted from when your injuries stabilise. A written claim interrupts the time limit. If the Consorcio does not pay within three months of the claim, it owes late-payment interest.

If only the car is damaged

  • The Consorcio does not pay for that damage.
  • If you have a policy with own-damage cover, notify your insurer of the claim. Any excess in the policy will apply.
  • If the car was parked when it was hit, check whether your policy covers it, because many extended third-party policies (“terceros ampliado”) only cover a collision with an identified vehicle.

What to do at the scene

  • Note down or photograph the registration number, even if you only get part of it, as well as the make, model and colour.
  • Ask any witnesses for their details and look for nearby cameras.
  • Report it to the police straight away. A copy of the police report is free of charge. Leaving after an accident in which people are seriously injured can be a criminal offence.

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.