What should I do if the other driver will not sign the accident report form?

No one can be forced to sign it. If it is not signed, you do not lose your insurance cover or your right to compensation, because the law does not allow insurers to object that the accident report form (the European Accident Statement) was not used. What you should do is gather as much evidence as possible and call the police so that they draw up a report, especially if there are injuries or fault is disputed. Then fill in the form yourself and send it within seven days to your insurer, which will trace the other car's insurer from its registration number.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

At the scene

  • Call the “Guàrdia Urbana” (the city police), the local police or the “Mossos d'Esquadra” (the Catalan police). Their report is very useful evidence and a copy is free of charge.
  • Ask the other driver for their name, their ID card number (“DNI”) and their insurance details. If they show them to you, take a photo of the car's documents.
  • Take photos of the position of the cars, the damage, the number plates and the road signs.
  • Ask any witnesses for their names and phone numbers.
  • If the other driver leaves without giving their details, note down the registration number and report it to the police.

Afterwards

  • Fill in the form with your version of events even if you are the only one to sign it. Send it to your insurer within seven days.
  • Your insurer will trace the other car's insurer through the Spanish database of insured vehicles.
  • If there are injuries, see a doctor within the first few hours and keep the reports.

Why a signed form is better

When both drivers sign it, the insurers apply the agreements between them and payment for the damage to the car is usually quicker. Those agreements are a matter for the insurers and cannot prejudice you. But do not sign a form you do not agree with just to get it over with, because what you sign is hard to dispute later. If you do sign it, check the sketch and the boxes ticked and write anything you do not agree with in the remarks section.

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.