This is one of the topics that is not really a fun topic, but it’s very important to know your rights and duties if you’re driving in Spain.
First of all, you should know that you have the right to indemnification for both material and personal damage.
Material damages refer to the car you’re in and other objects in it (laptops, phones etc) as well as economic damages such as foregone income in the case of taxi drivers.
Personal damages refer to physical injuries to the driver and passengers of the vehicle as well as any psychological issues caused by the accident. These damages are assessed by a medical expert after the accident.
If there are any injuries, you have the right to choose where you will receive free medical treatment and rehabilitation, be it public or private. You can check all the centers available by clicking on this link.
According to Spanish law (Real Decreto 1507/ 2008), and Ley 41/2002 the costs of medial attention received will be borne by the insurers of the car. This does not depend on whether the patient has a private health policy or whether he chose a private or public hospital to get treatment.
You also have the right to receive consultancy for diagnostics of any injuries. Note that both the driver and passengers are always covered in accidents, provided the cars are insured.
Procedures to Follow
If you’re involved in an accident that is not a serious one, you should always fill in the papers that you’ll find in your car together with the other party. It’s best if both parties can agree on how the accident occurred. Remember that both parties must sign the forms.
If an agreement cannot be reached or there is serious material or personal damage, you should call the national police or the Guardia Civil. In this case, when the police arrive on the scene they will take notes of the accident themselves. If the other driver is not collaborating you should take down his details just in case you need them further down the road when dealing with insurance and tribunals. You must inform your insurance that you were involved in an accident within the next 7 days.
If you will be asking for damages to objects damaged in the accident, make sure you keep the damaged objects and the original purchase receipts if possible. You also have the right to ask for a replacement car while yours is being fixed.