Compensation for Traffic Victims in Spanish Law
Key Points
- Law 35/2015 governs traffic accident compensation in Spain with a standardized scale.
- Objective liability: You do not need to prove fault to claim compensation for injuries.
- Compensation covers medical expenses, lost income, permanent injuries, and moral damages.
- Claims can be made against the at-fault driver's insurance or the Compensation Consortium.
- Both criminal charges and civil compensation can be pursued in the same proceedings.
Were You Injured in a Road Accident in Spain?
If you have been involved in a traffic accident in Spain, whether as a driver, passenger, pedestrian, or cyclist, you may be entitled to significant compensation for your injuries and losses. Understanding your rights and the legal process is essential to obtaining fair compensation.
Spanish law provides strong protections for traffic accident victims through Law 35/2015 , which establishes a comprehensive system for calculating compensation. A specialized traffic accident lawyer will have up-to-date knowledge of this law and understand the details and complexities of the damages assessment system.
This guide explains how traffic accident compensation works in Spain, what types of damages you can claim, and how to pursue your case effectively.
Types of Traffic Accidents Covered
The Spanish compensation system covers all types of road and transport accidents:
- Car accidents: Collisions between vehicles, single-vehicle accidents, and accidents involving pedestrians
- Motorcycle accidents: Often resulting in more severe injuries due to the lack of protection for riders
- Bicycle accidents: Cyclists hit by motor vehicles or injured due to road conditions
- Pedestrian accidents: Pedestrians struck by vehicles while crossing or walking near roads
- Public transport accidents: Injuries on buses, taxis, or other public transportation
- Hit and run accidents: Cases where the responsible driver flees the scene
Regardless of the type of accident, if you suffered injuries or losses, you have the right to seek compensation under Spanish law.
Understanding Law 35/2015: The Spanish Traffic Accident Compensation System
Law 35/2015, enacted on September 22nd, reformed the system for assessing damages suffered by individuals in traffic accidents in Spain. The main objective of this law is to establish a more equitable and updated legal framework for compensating traffic accident victims.
Key Features of Law 35/2015
1. Objective Liability (No Need to Prove Fault)
One of the most important aspects of Spanish traffic accident law is the principle of objective liability. This means you do not need to prove that the other driver was negligent or at fault to claim compensation for your injuries. You only need to prove the causal relationship between the accident and the damages you suffered.
This is a significant advantage for accident victims compared to legal systems that require proving fault before any compensation is awarded.
2. Standardized Compensation Scale
The law introduces a compensation scale (baremo) that establishes amounts for different types of damages. This scale provides transparency and predictability, though it also means compensation amounts are structured rather than unlimited.
The scale is based on factors such as:
- Severity of injuries
- Permanent consequences (sequelae)
- Degree of disability
- Age of the victim
- Family circumstances
3. Annual Updates
The compensation amounts in the scale are updated annually to keep pace with economic changes and inflation. This ensures that victims receive compensation that reflects current values.
4. Streamlined Process
The law establishes maximum deadlines for resolving compensation claims and sets mechanisms to speed up the process. Victims with serious injuries may receive provisional compensation while their case is being resolved.
Need help understanding how much compensation you may be entitled to? Contact our traffic accident lawyers for a free case assessment.
What Types of Compensation Can You Claim?
The Spanish compensation system covers multiple categories of damages. Understanding these categories helps ensure you claim everything you are entitled to.
Compensation for Personal Injuries
- Temporary injuries: Compensation for the period between the accident and either full recovery or stabilization of injuries
- Permanent injuries: Compensation for lasting physical or psychological consequences
- Disability: Additional compensation for temporary or permanent reduction in your ability to work or perform daily activities
- Loss of quality of life: Compensation for how the injuries affect your daily life, hobbies, and relationships
Special Damage Categories
- Aesthetic damage: Compensation for scars, disfigurement, or other changes to your physical appearance
- Sexual damage: Compensation for injuries affecting your sexual function or reproductive capacity
- Moral damage: Compensation for psychological suffering, anxiety, depression, and emotional distress
Economic Losses
- Medical expenses: All costs related to treatment, rehabilitation, medication, and future medical needs
- Lost income: Wages lost during recovery and potential future earnings if you cannot return to your previous work
- Assistance needs: Costs for caregivers or assistance if your injuries require ongoing help
- Property damage: Repair or replacement of your vehicle and personal belongings damaged in the accident
Compensation for Fatal Traffic Accidents
When a traffic accident results in death, Law 35/2015 provides specific compensation for the victim's family members. While no amount of money can replace a loved one, the law aims to provide fair economic compensation for those who suffer the consequences.
Who Can Claim Compensation for a Fatal Accident?
Direct family members of the deceased are entitled to compensation:
- Spouse or registered partner
- Children (including minor and adult children)
- Parents
- Siblings
- Other dependents in certain circumstances
Types of Compensation for Death
- Economic harm: Compensation for the loss of income that the deceased contributed to the family. Calculated based on the victim's age, income, and employment situation.
- Moral harm: Compensation for grief, suffering, and emotional impact. Determined by the family relationship, degree of cohabitation, and intensity of grief.
- Personal harm: Compensation for loss of emotional relationships, loss of support and assistance, and impact on daily activities.
How to Claim Traffic Accident Compensation in Spain
There are several routes to claiming compensation depending on your circumstances:
1. Claim Against the At-Fault Driver's Insurance
The most common route is to file a claim against the insurance company of the driver responsible for the accident. In Spain, all vehicles must have mandatory liability insurance (seguro obligatorio).
Your lawyer will submit a claim to the insurance company, supported by medical reports, police reports, and evidence of your losses. The insurance company must respond within a set timeframe.
2. Claim to the Insurance Compensation Consortium
In certain cases, you can claim compensation from the Consorcio de Compensación de Seguros , a public entity that covers:
- Hit and run accidents where the responsible driver cannot be identified
- Accidents caused by uninsured drivers
- Cases where the responsible insurance company is insolvent
- Stolen vehicles
3. Civil Claim for Additional Damages
If you believe the compensation offered by the insurance company does not fully cover your losses, you can file a civil lawsuit seeking additional damages. This is particularly relevant for serious injuries with long-term consequences.
Criminal Charges and Civil Compensation: Understanding the Difference
Within a criminal proceeding for a traffic accident, it is common to pursue both criminal responsibility and civil compensation. These are two forms of legal responsibility that are addressed in parallel but with different purposes.
Criminal Responsibility
Criminal responsibility refers to the conviction of the driver for committing a traffic offense. The objective is to determine guilt and apply sanctions such as fines, license suspension, or even imprisonment in serious cases (such as drunk driving resulting in death).
Civil Liability
Civil liability refers to the obligation to compensate the damages suffered by the victim. This includes medical expenses, lost income, moral damages, aesthetic damages, and other compensatory concepts.
Important: These two types of responsibility are independent. Even if a driver is acquitted of criminal charges (for example, because there was insufficient evidence of negligence), they may still be ordered to pay civil compensation to the victim.
Time Limits for Traffic Accident Claims
There are important deadlines you must be aware of when claiming compensation:
- Civil claims: Generally 1 year from the date of the accident or from when the injuries stabilized
- Criminal proceedings: Varies depending on the severity of the offense, typically 1 to 5 years
- Insurance claims: Should be submitted as soon as possible after the accident
Missing these deadlines can result in losing your right to compensation. This is why contacting a lawyer promptly after an accident is so important.
Why You Need a Specialized Traffic Accident Lawyer
The compensation scale under Law 35/2015 is complex and considers multiple variables. Each case is unique and requires detailed analysis to determine the specific compensation you deserve.
A specialized traffic accident lawyer will:
- Accurately calculate the compensation you are entitled to under the current scale
- Gather and present the necessary medical and legal evidence
- Negotiate with insurance companies who often try to minimize payouts
- Represent you in court if a fair settlement cannot be reached
- Ensure you do not miss important deadlines
Insurance companies have experienced legal teams working to reduce the amount they pay. Having your own legal representation levels the playing field.
Traffic Accident Compensation for Foreigners in Spain
If you are a foreigner who was injured in a traffic accident in Spain, you have the same rights to compensation as Spanish citizens. However, there are additional considerations:
- Language barriers: All legal proceedings will be in Spanish. A lawyer who communicates in your language is essential.
- Return to home country: If you need to return home before your case is resolved, your lawyer can continue handling the claim on your behalf.
- Medical documentation: Medical reports from your home country may need to be translated and validated for Spanish proceedings.
- International coordination: Your lawyer may need to coordinate with authorities or insurers in your home country.
At Fukuro Legal, we regularly assist tourists, expats, and international visitors who are involved in traffic accidents in Spain. We communicate in English and guide you through the entire process.
Contact a Traffic Accident Lawyer Today
If you have been injured in a traffic accident in Spain, obtaining fair compensation requires understanding your rights and acting within the legal deadlines. The Spanish system provides strong protections for victims, but insurance companies will not automatically offer you the maximum amount you deserve.
Key takeaways:
- Law 35/2015 provides a structured compensation system for traffic accident victims
- You do not need to prove fault to claim compensation for injuries (objective liability)
- Compensation covers injuries, economic losses, moral damages, and more
- Time limits apply, so act promptly
- A specialized lawyer can significantly increase the compensation you receive
At Fukuro Legal, we are here to help you understand and exercise your rights under Spanish law. Our team of victim compensation lawyers will evaluate your case, calculate the compensation you deserve, and fight to ensure you receive it. We work in both Spanish and English.
