Road Accident Claims in Spain: How to Claim Compensation (2026 Scale)

The Legal Framework: LRCSCVM and the Official Compensation Scale

Road accident claims in Spain are governed by Royal Legislative Decree 8/2004 (the Civil Liability and Insurance in Motor Vehicle Circulation Act, LRCSCVM) and the Official Valuation System (Baremo) enacted by Law 35/2015. This system took effect on 1 January 2016 and is updated annually by the DGSFP (General Directorate of Insurance and Pensión Funds).

The 2026 update adjusts compensation values for permanent injury, temporary disability, and death in line with the previous year's CPI.

Components of a Road Accident Claim

1. Personal injury (physical harm)

• Basic personal loss: injury points × value per point (varies by age and total points)
• Moral harm for loss of quality of life: mild / moderate / severe / very severe
• Out-of-pocket expenses: medical, pharmacy, transport, care, rehabilitation
• Lost earnings during incapacity

2. Temporary disability

• Hospitalisation days: ~€78/day (2026 scale)
• Preventing usual activity: ~€61/day
• Not preventing activity: ~€31/day

3. Vehicle and property damage

• Repair costs or market value if total loss
• Replacement vehicle
• Excess not covered by own insurer

Limitation Periods (Critical)

The general deadline to claim is 1 year from the accident date (Art. 7 LRCSCVM). Important exceptions:

• If injuries occurred: the clock starts from the final medical discharge or assessment of permanent sequelae
• If criminal proceedings run in parallel: the limitation period is suspended

Step-by-Step Process

1. At the scene: Call 112, photograph the scene, exchange insurer data, get witness contacts, sign the friendly declaration only if you agree with its content
2. Police report: Request the report number from the Guardia Civil (Traffic Division) or Local Police
3. Notify your insurer: Within 7 days (per policy conditions), this does not admit liability
4. Pre-litigation claim to the at-fault insurer: Interrupts limitation; insurer has 3 months to respond with a reasoned offer
5. Wait for medical discharge: Do not settle until fully stabilised and all sequelae are documented
6. Medical-legal assessment: A private forensic medical report establishing injury points is the foundation of a strong claim
7. Negotiate or sue: The report gives you leverage; courts follow the official scale

Common Mistakes That Reduce Compensation

• Accepting early medical discharge before injury is stabilised
• Accepting the insurer's first offer (initial offers often fall below what legal assistance can obtain; check them against the official scale)
• Failing to keep receipts for all medical expenses
• Skipping the medical-legal expert report
• Not claiming lost wages during sick leave
• Missing the 1-year prescription deadline

How Lexiel Helps

Lexiel's injury compensation calculator at /herramientas/indemnización estimates your indicative compensation using the 2026 official scale. Enter the injured person's age, incapacity days, and injury points.

Calculate your road accident compensation →