Car Accidents in Spain

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Car Accidents in Spain

The procedure in the event of a road traffic accident in Spain (accidente de trafico) will depend on the severity of the accident, whether there are injuries and if it is necessary for the police to be involved.

What To Do at the Scene of an Accident

• Stop immediately
• Always put on the reflective jacket before leaving the car (both passenger and driver)
• Switch hazard warning lights on, and place one warning triangle 50 metres in front of the car, and one 50 metres behind
• Do not move the vehicles until the police arrive, if they are blocking the traffic then try to mark the scene and, if possible, take photographs
• All drivers involved must exchange details; registration number, name, address and insurance company
• Take the license plate number of all the vehicles and witnesses involved (this could be vital if the case goes to court)
• Never sign any paperwork unless certain you understand and agree with it
• If damage is caused and the owner is not there to report it (a crash with a parked car or into someone's property) it must be reported to the local police station so that they can make contact

If there have been injuries or fatalities call for the police and ambulance: Police Guardia Civil 112 or Policia Local 092 from a mobile or landline (calls are free) or use one of the SOS telephones, located on motorways and main roads. 

In accordance with basic first aid rules keep the injured person warm and do not move a casualty unless they are in danger of further injury. It is a legal requirement in Spain to carry a first aid kit in the car. Witnesses of an accident are obliged to contact emergency services and assist the accident victims until help arrives.

If the police attend the scene of an accident they will make an accident report. They may make charges of driving offences. If a driver suspects a driver involved in the accident has been drinking or taking drugs then inform the police. 

Note: The legal limit for drink driving (DUI/DWI) in Spain is 0.5g/l and 0.15g/l for a driver who has held a licence less than two years and 0.15g/l for lorry and bus drivers. 

If there are no injuries and only minor damage caused there is no need to call the police.

The accident report

In the event of a minor accident with no injuries the parties involved must exchange details and make a declaration of events. This will form the accident report submitted to the insurance companies. If the parties involved do not agree on a version of events do not sign any documentation and contact the police for assistance.

Included in the accident report are the following details: 

• Date and place of the accident (full address)
• Vehicle information: make, model numbers and vehicle registration numbers
• Drivers' information: full names, addresses, driving licence details (number, category, date and place of issue), Identification (NIE, DNI or passport number)
• Details of insurance companies and policies of all drivers
• Witnesses: names and addresses 
• Injuries (yes/no)
• Vehicle damage (yes/no)
• An illustration and explanation of the accident including details of damage caused
• Circumstances of the accident, including weather conditions, speeds involved

Notifying the Insurer

• Notify the insurance company of the incident within seven days
• If there are injuries make sure that the insurance company is informed and provide a medical certificate

If the insured feels that the other driver is at fault, they have two months in with which to make a report to the Spanish Authorities, initiating a criminal procedure. If the authorities judge that the other driver has not committed an office a driver may initiate civil procedure within one year of the accident.

In cases where physical injury is involved, the victim must be examined by the court's doctor (Médico Forense) to determine whether compensation is payable by the defendant. 
Note: A driver wishing to bring legal action is advised to consult a lawyer.

Further Information

• AngloINFO INFOrmation page on Vehicle Insurance in Spain
• AngloINFO INFOrmation page on the Green Card System
• AngloINFO INFOmation page on Driving in Spain
• AngloINFO INFOmation page on ITV Vehicle Roadworthiness in Spain

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