A traffic collision is stressful anywhere. When it happens in another country, the stress doubles. Different language, new procedures and unfamiliar insurers make every decision feel risky. Knowing what to do after a car accident in Spain as a foreigner helps you protect your health, your legal position and your chances of compensation. A calm, structured response matters more than perfect Spanish.
First Steps After a Car Accident in Spain (Rental or Own Car)
Immediate safety comes first. If anyone is injured or there is significant damage, put on your reflective vest and move to a safe area if possible. Use hazard lights and warning triangles to alert other drivers. Call 112 for emergency services if there are injuries, blocked traffic or clear danger.
If you can, exchange details with the other driver: names, ID numbers, registration plates, insurer and policy number. Take photos of vehicles, positions on the road, visible damage, skid marks and traffic signs. Short videos can also help. Do this even if the other driver seems friendly and admits fault. Memories change later.
In Spain, drivers often use a standard accident form known as the “parte amistoso”. You can fill it in together, marking the diagram and ticking boxes that describe the manoeuvres. If you do not understand the form, write a brief description in English or your own language in the remarks section, and sign only what you are comfortable with.
For a rental car accident Spain tourist situations, keep your rental contract handy. Note the emergency number on the papers or key holder. Do not promise anything about paying for damage on the spot. Your priority is accurate information, not accepting blame.
Reporting to Police, Insurers and Rental Companies Correctly
You do not always need the police, but in many cases it is wise to call them. If there are injuries, serious damage, disagreements about what happened, or a driver refuses to share details, calling the police creates an official record. The officers can take statements and produce a report that may be important later.
Insurers expect prompt notification. Most policies require you to report an accident within a short time frame. That period can be only a few days. Call the assistance number on your insurance card or rental documents as soon as you are safe. Ask for a reference number and keep a note of the time and person you spoke to.
If you have a rental car, inform the rental office or emergency line before organising repairs or towing. They often have specific procedures and authorised workshops. Failing to follow these can cause extra costs or disputes about what is covered. Avoid private deals with roadside garages unless your rental company agrees in writing.
Foreign drivers sometimes have insurance from their home country that covers driving abroad. Even then, Spanish insurers and procedures usually apply to the accident itself. You may end up dealing with both a Spanish insurer and your home insurer. Keep copies of everything you send and receive. This includes emails, forms, police reports and medical documents.
Medical Checks, Evidence and Time Limits for Compensation Claims
After an accident, some injuries do not appear immediately. Adrenaline can mask pain. That is why it is sensible to seek medical attention as soon as possible, even if you feel “mostly fine”. Visit a hospital, emergency clinic or doctor and explain that you have been in a traffic accident.
Medical reports are central evidence in any personal injury claim. They link your symptoms to the collision and show how your condition evolves. Keep copies of all reports, test results, prescriptions and receipts. If you later claim for lost income, childcare, travel or therapy, you will need proof of these expenses.
Time limits for injured in car crash Spain compensation claims can be short. The exact deadlines depend on the type of claim and changes in the law. In practice, you should act as if you have limited time. Waiting many months before seeking advice can weaken your case, even if the legal time limit has not expired yet.
Evidence is not only medical. Witness statements, dashcam footage, workshop reports and taxi receipts can all support your version of events. Write down your own account while the details are fresh. Note dates, times, weather and what each driver said.
Lawyer’s Tip:
Create a simple accident folder, digital or physical, from day one. Put every document, photo, bill and email in one place. When you later speak to a lawyer or insurer, having all information organised can save time and prevent important details from being lost.
Fault, Shared Responsibility and Foreign Licence Issues
Traffic accident Spain foreign driver rights depend partly on who caused the collision. Spanish law allows for shared responsibility. It is not always “100% one driver, 0% the other”. Each driver’s actions, speed and care are assessed. This can affect how much compensation each party receives.
Insurers and courts will look at many factors: traffic rules, road signs, skid marks, vehicle damage and witness accounts. If both drivers contributed to the crash, compensation may be reduced in proportion. For passengers, the situation is often different. They can usually claim regardless of which driver was at fault, subject to specific exclusions.
Foreign driving licences raise other questions. Many visitors can drive legally in Spain with their home licence, at least for a period. Longer-term residents may need to exchange or obtain a Spanish licence. After an accident, authorities might check whether your licence was valid and appropriate for the vehicle. Driving without a valid licence can affect both fines and insurance cover.
Alcohol, drugs and speeding are taken seriously. If any of these factors are present, they can change both criminal and civil consequences. In such cases, it is especially important to have legal guidance before making statements or signing documents.
Negotiating with Insurers vs. Going to Court
Most accident cases end in negotiated settlements with insurers. You or your lawyer provide evidence of injuries and losses, and the insurer makes an offer. That offer may cover medical costs, pain and suffering, loss of earnings and property damage. For rental cars, the rental company’s own insurance arrangements add an extra layer.
Dealing with Spanish insurers accident processes can feel slow and technical. Adjusters may rely on standard tables for valuing injuries. They might challenge parts of your claim, especially lost income or longer-term consequences. Foreigners often find it hard to follow the process from abroad or to argue effectively in Spanish.
If negotiations fail, court becomes an option. Going to court does not always mean a full trial; many claims settle during the proceedings. However, litigation has costs, and you must weigh them against the likely improvement in compensation.
For serious injuries, complex liability or very low offers, court action may be the only way to reach fair outcomes. For smaller claims, negotiation with a strong legal presentation can be enough. Every case is different. An early, realistic assessment helps you choose the right path.
How Mecan Legal Assists Foreign Drivers and Passengers After an Accident
• Analysing police reports, photos and medical records to assess liability and realistic compensation ranges for foreign drivers and passengers.
• Coordinating personal injury and property damage claims after traffic accidents so evidence, medical reports and expert opinions are presented clearly.
• Communicating with Spanish insurers, rental companies and, when needed, your home-country insurers to avoid gaps or contradictions in your case.
• Guiding you through claims even if you have already returned home, using clear explanations in English and regular progress updates.
• Preparing, when necessary, a strong litigation strategy and coordinating court representation when insurers refuse fair compensation.
Text:
At Mecan Legal, we understand that most foreigners only face a Spanish accident claim once in their life. You do not need to know every rule. You need a clear explanation of options and someone who can act for you locally.
We start with a practical review: what happened, who was involved, what documents exist and how serious your injuries are. Then we explain what Spanish law allows in your situation and what information is still missing. We help you obtain extra medical reports, witness statements or expert assessments where they can make a real difference.
Our team manages communication with insurers, rental firms and other parties so you do not have to navigate this alone in a foreign language. If negotiation fails, we are ready to escalate. Throughout, our aim is simple: to reduce the stress of the process and to maximise your chances of receiving fair compensation.
Frequently Asked Questions
Can I claim compensation in Spain if I have already returned to my country?
Often yes. Many foreigners start or continue claims after going home. You may not need to return to Spain for every step. Insurers, lawyers and courts can often work with digital documents, medical reports from your country and remote communication. The key is to keep good records and to act within the applicable time limits.
Is the rental car company responsible if the accident was not my fault?
In most cases, no. If another driver caused the accident, their insurer is usually responsible for damage and injuries, within policy limits. The rental company’s role is mainly to manage the vehicle and its own insurance. However, your rental contract may include deductibles or specific rules, so it should always be reviewed after an accident.
How long do I have to bring an accident claim in Spain?
Time limits exist and can be relatively short, but they vary depending on the type of claim and legal changes. It is risky to rely on general examples found online. The safest approach is to consult a lawyer as soon as possible after the accident, so they can identify the exact deadlines that apply in your case.
Do I need to attend court in person if my case goes to trial?
Not always. In some cases, your presence can help, especially if you must testify about what happened or how injuries affect your life. In other cases, your lawyer and other witnesses may handle most of the hearing. Whether you must attend depends on the type of case, the court and the evidence strategy.