Traffic accident in Spain: how to claim from insurer and calculate 2026 baremo compensation

Law 35/2015 and the updated injury scale

Law 35/2015 modernised Spain's traffic accident compensation system based on five principles: full reparation, structured damages (bodily, patrimonial, moral), objective sequela assessment, future damage compensation, and autonomous family moral damages. Amounts updated annually (January BOE resolution; 2026 amounts apply from January 2026).

Mandatory insurance (SOA)

Covers third-party bodily injury up to €70m/accident (€10m/victim) and property damage up to €15m. The at-fault driver's own injuries are not covered.

Claims procedure

Claim against the at-fault insurer (3-month deadline to make a reasoned offer). Failure to meet deadline or insufficient offer triggers Art. 20 LCS interest (legal rate + 2 points from accident date, minimum 20% after 2 years). Judicial action prescribes in 2 years from final medical discharge.

Compensable damages

(1) Bodily injury: death (scale by beneficiaries/ages); temporary impairment (per-day rates by severity, surgical procedures extra); permanent sequelae (1-100 points × age-adjusted monetary table). (2) Patrimonial: lost earnings (permanent), personal care costs, home/vehicle adaptation. (3) Moral: complementary harm for severe sequelae, quality-of-life losses, family bereavement.

Whiplash (AIS Grade I) requires objective diagnostic proof (CT/MRI). Without it, only recovery days compensated.

Motor Insurance Guarantee Fund (FGA)

Covers uninsured, unknown-vehicle or insolvent-insurer cases. 1-year limitation for unknown-vehicle claims.

Lexiel helps personal injury lawyers calculate 2026-scale compensation, find AP case law on sequela valuation and draft insurer claims.