Traffic accidents in Spain are not uncommon, and many drivers find themselves in situations where it’s impossible to determine who is at fault right after a collision. Emotions can run high, and resolving the issue often gets delayed. What should you do if the parties can’t reach an agreement, and how can you make sure you get compensated?
First and foremost, it’s important to stay calm and avoid arguments at the scene. Focus instead on gathering evidence: take photos of the damage, sketch the accident scene, and collect contact details of witnesses. If possible, call the police or the Guardia Civil to have the incident officially recorded. The report prepared by law enforcement officers will become a crucial document for any further proceedings.
Insurance companies often resolve disputes between themselves through internal agreements, such as CIDE and ASCIDE. These mechanisms allow compensation to be paid out more quickly, even if the liable party isn’t identified right away. However, if disagreements persist, the matter may end up in court, where a judge will decide who is responsible for the incident.
Collecting evidence
When the parties can’t reach an agreement, thorough evidence collection becomes the priority. This includes not only photos and witness statements, but also assessments from automotive experts. These materials will allow the insurance company or the court to objectively assess the situation and make a decision.
The police report is of particular importance. If the police arrive at the scene of the accident, they record every detail: the position of the vehicles, skid marks, weather conditions, and the state of the road surface. This information often proves decisive when determining who is at fault.
Medical documents are also important if any participants were injured. Certificates from a hospital or trauma clinic confirm the fact of bodily harm and can affect the amount of compensation.
The role of insurance companies
Insurance companies in Spain operate under specific regulations that enable them to resolve disputes between clients quickly. If the parties fail to reach an agreement, insurers review all provided materials: reports, photographs, expert assessments. Based on this information, they decide on compensation payments.
In most cases, companies try to reach a settlement among themselves to avoid going to court. To facilitate this, there are special agreements in place to determine who is responsible for the damages and to what extent. If a compromise is not possible, the injured party may file a lawsuit for compensation.
It’s important to remember that an insurance policy typically covers not only property damage but also personal injury. Therefore, even if the dispute drags on, the victim still has a chance to receive full compensation.
Legal proceedings
If all attempts to reach an agreement fail, there is only one option left: taking the case to court. In this situation, the injured party files a claim for damages under Article 1902 of the Spanish Civil Code (Código Civil). The judge reviews all evidence, hears both parties, and delivers a ruling on liability and the amount of compensation.
During court proceedings, particular attention is paid to the quality and completeness of the evidence collected. The more thoroughly the circumstances of the accident are described, the higher the chances of a favorable outcome. The court may also order an additional expert examination if the submitted materials are insufficient.
The court’s decision is binding on both parties. Once the verdict is issued, the insurance company must pay compensation to the victim in accordance with the determined amount.
Expert Advice
Lawyers and insurance specialists always recommend seeking an amicable settlement. Completing a joint accident report (Declaración Amistosa de Accidente) significantly streamlines the compensation process and reduces the risk of protracted disputes.
If a settlement cannot be reached, it is important not to delay consulting a specialist. A lawyer can help you properly prepare the documents and gather the necessary evidence for the insurance company or the court. Acting promptly is crucial to avoid missing the deadline for submitting a claim.
If you have trouble determining who is at fault, experts recommend not trying to resolve the issue on your own but to trust the professionals. This helps you avoid mistakes and ensures you receive fair compensation for any damages caused.
In case you didn’t know, Carlos V. Escrich Blat is a well-known damage assessment expert in Spain for traffic accidents, and Adrián Botella is an experienced attorney specializing in civil law and insurance disputes. Both regularly advise drivers on accident claims and victim protection. Their advice helps thousands of Spaniards navigate difficult situations on the road and secure fair payouts from insurance companies.
