Motor Insurance Claim Spain — Accidents & Breakdowns

At the Scene — What To Do

The minutes after an accident are critical. Follow these steps in order — they are designed to protect your safety, your legal position, and your insurance claim.

1. Stop immediately. Spanish law (Ley de Tráfico) requires all drivers to stop after any accident, however minor. Failing to stop is a criminal offence and can result in prosecution, licence suspension and prison.
2. Safety first — hazard lights and hi-vis vest. Switch on hazard lights immediately. Put on your high-visibility vest before getting out of the vehicle — this is mandatory under Spanish law. Keep your vest in the cabin, not the boot, so you can reach it without stepping outside first.
3. Warning triangles — important rule change. On motorways (autovía or autopista), do NOT leave the vehicle to place triangles — research now shows pedestrians on motorway hard shoulders are at extremely high risk of fatal collision. On motorways: stay behind the crash barrier and call 112. On conventional roads only: place triangles approximately 50 m in front and behind the vehicle to warn approaching traffic.
4. Check for injuries. If anyone is injured — including yourself — call 112 immediately. Do NOT move injured persons unless there is an immediate and direct danger of fire or explosion. Moving an injured person incorrectly can worsen spinal injuries.
5. Take photographs — before moving anything. If it is safe to do so, photograph before any vehicle is moved: all vehicles from multiple angles; the exact positions of all vehicles; tyre marks and debris on the road; road signs, road markings and junctions visible from the scene; weather and lighting conditions; all damage close-up; licence plates of all vehicles involved and any witness vehicles.
6. Exchange details. Obtain from the other driver(s): full name and address; telephone number; insurer name and policy number; vehicle registration number; driving licence number and issuing country. Do not leave the scene without exchanging details — leaving without doing so is a criminal offence.
7. Get witness details. If there are independent witnesses — pedestrians, other drivers who stopped — take their names and telephone numbers. Independent witnesses can be decisive in disputed claims.
8. Do NOT admit fault. Do not say “sorry”, “it was my fault”, “I didn’t see you” or make any other statement about responsibility. In Spanish insurance law, an informal admission — even “sorry” — can be recorded and used in evidence. Determining fault is the role of the insurers and, if disputed, the courts.

The Declaráción Amistosa (European Accident Statement)

The Declaráción Amistosa (known in French as the Constat Amiable and in English as the European Accident Statement) is a standardised form used across all EU member states for recording the facts of a road traffic accident. It allows both parties to record what happened in a neutral, structured way.

When to use it

Use the Declaráción Amistosa when:

• There are no injuries (or injuries are very minor and already treated)
• Both drivers are present and willing to exchange information
• There is no significant disagreement about what happened
• The police are not required (see Section 4 below)

What signing means — and what it does not mean

Signing the Declaráción Amistosa does NOT mean you are admitting fault. The form records the positions of the vehicles, the damage observed, and what each driver states happened. Each driver signs their own section. Fault is determined afterwards by the insurance companies, based on Spanish traffic law.

Do not refuse to sign — refusal to sign when asked is noted and can be interpreted negatively by insurers and courts.

Key fields to complete

Submitting to Generali

Submit the completed Declaráción Amistosa to Generali within 48 hours (strongly recommended) or within 7 days (legal maximum under Spanish insurance law, Ley 50/1980). You can submit online at generali.es/tramites-de-siniestros/ or by calling 900 903 433.

When You Need the Police

Call 112 and request the Guardia Civil de Tráfico (for roads outside towns) or local Policía Local (for roads in urban areas) if any of the following apply:

• Anyone has been injured, however apparently minor
• A driver refuses to exchange details or drives away from the scene
• There is any suspicion of drink or drug driving
• There is significant disagreement between the parties about what happened
• Criminal damage is suspected (e.g. deliberate ramming, road rage)
• A vehicle has struck a pedestrian, cyclist or animal
• A vehicle has caused damage to property (fencing, wall, a parked unattended vehicle)

The police will produce an atestado (a formal accident report). This document is essential for any disputed claim and for any personal injury claim. Ask for the reference number of the atestado — you will need to pass it to Generali when you report your claim.

Making Your Claim With Generali

How to report

You can report a motor claim to Generali by any of these methods:

• Online (fastest): generali.es/tramites-de-siniestros/ — select Coche for car, van or motorhome; select Moto for motorcycles and scooters. Available 24/7.
• Phone (24/7): 900 903 433 (freephone within Spain) or 911 123 443
• MI GENERALI portal: Log in at generali.es to manage your claim, upload documents and track progress online — 24/7
• Turner Insurance (English help): 966 461 625 — Mon–Fri 09:30–15:00. We can help you file the claim in English and liaise with Generali on your behalf.

What Generali will need

• Your policy number (on your insurance certificate / green card — keep a photo of these on your phone)
• Date, time and exact location of the incident
• A brief description of what happened
• The completed Declaráción Amistosa (if applicable)
• The police atestado reference number (if applicable)
• Your photographs of the scene and damage
• Details of any witnesses

After reporting

Generali will assign a claims reference number within 24 hours of receipt. A loss adjuster (perito de seguros) will be assigned to assess the damage — typically within 2–5 working days for vehicle damage.

The Repair Process

Talleres concertados (Generali approved repairers)

Using a taller concertado (Generali’s network of approved garages) has two advantages: repairs come with a 3-year guarantee on workmanship and parts, and Generali coordinates directly with the workshop — you do not need to manage the process yourself. Generali will arrange for your vehicle to be collected or direct you to the nearest approved repairer.

Own repairer (todo riesgo policies only)

If your policy allows use of your own repairer, Generali’s perito will first assess the damage and provide a valuation. You will receive a cash settlement based on that assessment. Note that if the repairer’s final invoice exceeds the perito’s assessment, you may be responsible for the difference.

Courtesy vehicle

A replacement vehicle whilst yours is being repaired is available on some comprehensive (todo riesgo) policies. This is not standard on all plans — confirm availability when you report the claim to Generali. Courtesy vehicles are typically standard hatchbacks; like-for-like replacement (e.g. a van for a van) is not guaranteed.

Typical repair timelines

Minor body damage: 3–5 working days. Moderate panel/mechanical damage: 5–10 working days. Complex structural repairs or specialist vehicles (motorhomes, classic cars): 2–6 weeks. Parts availability for less common vehicles can extend timelines significantly.

Breakdown Assistance

Your Generali motor insurance policy includes roadside assistance from terceros ampliado level upward. Your specific breakdown phone number is printed on your insurance certificate and green card — keep these documents in your vehicle at all times, not just at home. You can also save your breakdown number in your phone contacts.

Services typically included

• Roadside repair: Puncture assistance, jump start, emergency fuel delivery (up to a few litres), lockout assistance
• Recovery to garage: If roadside repair is not possible, your vehicle will be towed to the nearest approved garage
• Alternative transport / accommodation: On longer-distance policies, if the vehicle cannot be repaired same-day away from home, Generali will provide alternative transport or hotel accommodation to continue your journey or return home
• European breakdown assistance: Cover for breakdowns outside Spain, across Europe — duration and territory varies by policy. Always check your policy schedule before travelling

Important note for motorbike owners

Motorcycle recovery requires a specialist low-loader or trailer with appropriate securing equipment — not a standard flatbed. Ensure your policy includes specialist bike recovery. If you are unsure, call Turner Insurance on 966 461 625 and we will check your policy immediately. Also note: motorcycles are exempt from the V16 emergency beacon requirement that applies to cars from January 2026.

Motor Policies This Guide Covers

Motor Insurance Claims — Frequently Asked Questions