In Spain, if you have a minor collision regardless of who is at fault, then you can settle the matter with the other driver yourself. However, if this is not possible, you must ensure you make a written note of the car registration, the insurance details of the other party(ies) and the position of the vehicles, drawing how the accident occurred and taking the contact details of any witnesses.
Within your insurance documents you should have an accident form. If you do not, you should contact your insurance broker urgently for a copy. This form should be signed by both you and the other party.
If someone is injured, then your insurance company will need a medical report and medical attention must be found. Call 112 for an ambulance. If you have taken roadside assistance with your Spanish car insurance and your vehicle is not drivable, then you should call the number to have your vehicle towed to the nearest garage or to your home.
You must contact your insurance company as soon as possible and within 7 days. Attach the police report to the insurance claim if you have one. If you or any of the passengers have been injured, you should also attach a copy of the medical report to claim for compensation from the insurance company. If no claims form was filled in you will need to describe the accident and forward these details to the insurance company.
When physical injury is involved, an examination by the Court’s doctor (Medico Forense) will be necessary. The Examining Magistrate will decide whether compensation is payable by the defendant and the amount of compensation payable.
You may wish to involve your lawyer to assist you with any claims if you are dealing directly with your insurer. However, by having an insurance broker working on your behalf, no lawyer is required.