Compensation and claims

We are by your side in case of a traffic accident or when you need to make a claim to the Public Administration

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    Compensation for traffic accidents

    In Spain, if you have been in a traffic accident and have been injured or suffered damage, you may be entitled to compensation for the damages suffered. Compensation for traffic accidents in Spain is regulated by Spanish legislation, specifically by the Law on Civil Liability and Insurance in the Circulation of Motor Vehicles (Law 35/2015, of September 22) , which establishes the rules and procedures for compensation to victims of traffic accidents.

    Compensations for car accidents can cover a wide range of damages, which may include:

    Physical damage

    This may include bodily injury, temporary or permanent disability, damage to health, and other physical damage sustained as a result of the accident.

    Non-material damages

    This may include psychological distress, pain and suffering, loss of quality of life, and other emotional and psychological harm resulting from the accident.

    Property damage

    This may include damage to your vehicle or other property that was damaged or destroyed in the accident.

    Economic Damages

    This may include loss of income or ability to work, medical and rehabilitation expenses, transportation expenses, and other expenses related to the accident.

    Compensation for a traffic accident can be claimed through the compulsory motor vehicle civil liability insurance, which all vehicles must have in Spain, or through the courts in case of disagreement with the insurer or when the responsibility is not clear.

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    Claim for fall on public roads

    If you have suffered a fall on public roads in Spain due to a situation of risk, negligence or lack of adequate maintenance by a public or private entity, you may be able to claim compensation for the damages suffered. Below are some general steps that you can follow to file a claim for a fall on public roads in Spain:

    Claim for fall on public roads

    Get medical attention

    The first thing you should do is seek proper medical care for your injuries. Your health and well-being are the most important thing, so it is important to receive the necessary medical attention and document any injuries sustained as a result of the fall.

    Collect evidence

    Gathering evidence to support your claim is critical. This may include photographs of the place where the fall occurred, eyewitness testimony, medical reports, medical bills, police reports, or any other relevant documentation that supports your claims.

    Notify the responsible entity

    You must notify the entity responsible for the public highway where the fall occurred. This can be the town hall, the corresponding public administration, a private company or any other entity responsible for the maintenance and safety of the public highway where the accident occurred.

    Seek legal advice

    It is recommended that you seek legal advice from a personal accident and liability attorney to guide you through the claim process. An attorney can help you assess your rights and options, as well as properly present and negotiate your claim.

    File a claim

    With the help of your lawyer, you can file a formal claim with the responsible entity, detailing the damages suffered as a result of the fall on public roads. The responsible entity has the obligation to investigate and respond to your claim in accordance with current legislation.

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    Claim to the Administration

    If you wish to submit a claim to the administration in Spain, you must follow a specific process depending on the entity you wish to claim against. Below are some general steps that you can follow to file a claim with the administration in Spain:

    Identifies the responsible entity

    Identifies the responsible entity

    Clearly identify the administrative entity to which you wish to submit the claim. It can be a town hall, an autonomous community, a public body, a government agency or any other administrative entity.

    Know the deadlines and requirements

    Know the deadlines and requirements

    Investigate the deadlines and specific requirements to file a claim with the corresponding administrative entity. Each entity may have different procedures and requirements, so it’s important to familiarize yourself with them to ensure you file your claim properly.

    collect evidence

    Collect evidence

    Gather all relevant documentation and evidence to support your claim. This may include copies of documents, reports, photographs, witness testimony, invoices, and any other evidence that supports your claims.

    Submit your claim in writing

    Submit your claim in writing

    Most complaints to management must be submitted in writing. Write a letter or claim form clearly detailing the facts, the damages suffered and the compensation you request. Be sure to include all relevant documents and evidence that support your claim.

    Espera la respuesta de la administración

    Wait for the Administration response

    The administrative entity has the obligation to respond to your claim within a certain period. They may request more information or additional evidence, or they may issue a response accepting or denying your claim.

    Seek legal advice

    Seek legal advice

    If your claim is complex or if the administration’s response is not satisfactory, it is advisable to seek legal advice from a lawyer specialized in administrative law to represent you and defend your interests.

    FAQs

    Traffic compensation and claims to the Administration

    What compensation am I entitled to for a traffic accident?

    The legally established, consisting of compensation for injuries as a consequence of the damage caused, that is, basic, moderate, serious, very serious particular damage and sequelae.

    How much is charged for a whiplash accident?

    It will depend on the injuries suffered in the accident, it can vary depending on the days off work, surgical interventions, rehabilitation, etc., it is usually around €1,000 and up. The amount may be increased depending on the severity of the injuries.

    How much is the compensation for injuries?

    To know how much the economic value of compensation amounts to, it is necessary to know the days that the injured person needs to heal, that is, each day of damage has an economic value, the basic amount amounts to €35.71, the moderate amount 61 €89, serious €89.27, and very serious €119.03, sequelae and disabilities are calculated according to age and damage.

    How is compensation calculated?

    The compensation is calculated according to the scale of traffic accidents that is regulated in Law 35/2015, of September 22, reforming the system for the assessment of damages and losses caused to people in traffic accidents.

    How long does it take an insurance company to indemnify?

    The company proceeds to pay the compensation once the injuries are fully healed. On the other hand, if the injuries are prolonged and the stabilization time cannot be specified, many insurance companies make payments on account.

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