What to Do After a Car Accident in Spain
By Andrew Turner — Generali exclusive agent in Jávea since 2007 · DGS Registry C0467B54657010 · Last reviewed June 2026
A car accident is stressful anywhere — more so in a country where the procedure, the paperwork and the language are unfamiliar. This is a clear, step-by-step English-language guide for expats and visitors on exactly what to do after a car accident in Spain: your legal duties at the scene, when to call 112 and the police, how to complete the parte amistoso, the strict 7-day deadline to tell your insurer, what to do if the other driver is uninsured or drives off, and how the claim works. Written from our Jávea office.
Get a Free Car Insurance Review →Your legal duties at the scene
Spanish law places clear obligations on anyone involved in a road accident. Failing to meet them can turn an insurance matter into a criminal one:
- Stop. You must stop whether or not you think you were at fault. Leaving the scene of an injury accident (omisión del deber de socorro) is a criminal offence.
- Help the injured. You are legally required to give reasonable assistance to anyone hurt — calling 112 satisfies this.
- Make the scene safe and avoid causing a second collision.
- Identify yourself and provide your details to others involved, and to the authorities if they attend.
Step-by-step: the first 30 minutes
Step 1 — Stop and secure the scene
Pull over as safely as you can and switch on your hazard lights. Put on your reflective vest before you get out of the car (it must be kept inside the cabin, not the boot). Signal the hazard to other traffic. From 2026 the roadside warning triangle is being phased out in favour of the connected V16 emergency beacon, which you place on the roof of the car — check our V16 guide for the rules and approved devices.
Step 2 — Check for injuries and call 112 if needed
Check yourself, your passengers and the other vehicle’s occupants. If anyone is injured — or you are not sure — call 112. It is free, works from any phone, and English-speaking operators are available. Our guide to emergency numbers in Spain lists the regional lines too.
Step 3 — Exchange details
Calmly exchange the following with every other driver involved: full name and ID/NIE, insurer name and policy number, vehicle make and registration, and a phone number. Note the names and numbers of any independent witnesses — they are invaluable if fault is later disputed.
Step 4 — Complete the parte amistoso
Fill in the parte amistoso (European Accident Statement) together with the other driver and both sign it. This is the most important document in the whole process — see the section below and our dedicated European Accident Statement guide, which includes a free downloadable form.
Step 5 — Photograph everything
Before any vehicle is moved, photograph: the position of the vehicles, all damage (yours and theirs), the wider scene, road markings, traffic signs and signals, skid marks, and any visible injuries. Photos settle most disputes.
Step 6 — Move to safety
Once details and photos are taken and if the vehicles are driveable and there are no injuries, move them off the carriageway to avoid blocking traffic. If a vehicle cannot be driven, your policy’s breakdown/assistance cover arranges recovery — keep the documentation.
The parte amistoso explained
The parte amistoso de accidente (formally the Declaración Amistosa de Accidente, and the same form as the European Accident Statement) is a standardised two-part carbon form that both drivers complete at the scene. One driver keeps the original, the other the copy, and each sends their half to their own insurer. It records the vehicles, the circumstances and a simple diagram, and crucially establishes the agreed facts about how the collision happened.
If the other driver refuses to complete or sign the parte, do not force it — instead, record their registration and details, photograph everything, find witnesses, and call the police so there is an official record.
When to call the police
You do not need the police for every minor bump where both drivers agree and complete the parte amistoso. You should call the police — 112, the Guardia Civil (on interurban roads) or the Policía Local (in towns) — whenever:
- anyone is injured;
- the drivers disagree about what happened or who was at fault;
- a driver refuses to give details or to complete the parte;
- a driver appears drunk or on drugs;
- a driver is uninsured, or leaves the scene (hit-and-run);
- there is significant damage to property, a public installation, or an unattended vehicle.
When the police attend an injury accident they produce an atestado (official report). Where there is no injury but you need an official record, you can file a denuncia at a police station within a few days. Either document strengthens your claim.
If the other driver is uninsured or drives off
Around 6–7% of vehicles on Spanish roads are uninsured, so this is not rare. If the at-fault driver has no valid insurance, cannot be traced (a hit-and-run), or the vehicle is unknown or stolen, the Consorcio de Compensación de Seguros — the Spanish state guarantee fund — steps in. It compensates victims for personal injury in these cases, and for vehicle and property damage in defined circumstances (for example, where the responsible vehicle is identified but uninsured).
To claim from the Consorcio you will need a police report, so calling the police at the scene is essential in these cases. We help our clients prepare and submit the Consorcio claim in English.
Telling your insurer — the 7-day rule
Under Article 16 of the Spanish Insurance Contract Law (Ley 50/1980), you must notify your insurer of the accident within 7 days. Miss it and the insurer can reduce the settlement or, in some cases, decline the claim. Send your half of the parte amistoso, your photos and any police-report reference. If you are a Turner Insurance client, simply call us — 966 461 625 — and we open the claim the same day, brief the insurer in Spanish and keep you updated in English. The full process is set out in our car insurance claims guide.
If you are injured
Get checked even if you feel fine — whiplash and other soft-tissue injuries often appear hours or days later, and a contemporaneous medical report is important for any claim. Personal-injury compensation in Spain is calculated using the official baremo (the legal injury scale under Ley 35/2015), which sets standard amounts by injury type, severity and recovery time. The at-fault driver’s insurer — or the Consorcio, if they were uninsured — pays. Keep every medical report, prescription and receipt, and take independent legal advice for anything more serious than minor whiplash.
What NOT to do
- Do not leave the scene of an injury accident — it is a crime.
- Do not admit fault or apologise in a way that accepts blame; let the insurers decide liability.
- Do not sign anything you do not fully understand, especially documents only in Spanish.
- Do not accept cash on the spot to “forget it” — hidden damage and later injury claims are common.
- Do not move the vehicles before photographing them, unless they are causing immediate danger.
- Do not miss the 7-day insurer-notification deadline.
Frequently asked questions
What should you do immediately after a car accident in Spain?
Stop, switch on your hazard lights, put on a reflective vest before getting out, and signal the hazard with a V16 beacon. Check everyone for injuries and call 112 if anyone is hurt. Exchange details with the other driver, complete the parte amistoso (European Accident Statement), photograph everything, and do not admit fault. Then notify your insurer within 7 days.
Do you have to call the police after a car accident in Spain?
Not for every accident. For a minor bump where both drivers agree on what happened and complete the parte amistoso, the police are not required. You must involve the police (112, Guardia Civil or Policía Local) if there are injuries, if the drivers disagree about fault, if a driver refuses to give details, appears intoxicated, is uninsured, or leaves the scene.
What is the parte amistoso (European Accident Statement)?
The parte amistoso de accidente (Declaración Amistosa de Accidente, or European Accident Statement) is the standard two-part form both drivers complete and sign at the scene to record how a collision happened. It is the single most important document for a Spanish motor claim — it establishes the facts and fault. Keep a copy in your glovebox and send your half to your insurer within 7 days.
How long do I have to report a car accident to my insurer in Spain?
Seven days. Under Article 16 of the Spanish Insurance Contract Law (Ley 50/1980) you must notify your insurer of an accident within 7 days of it happening. Reporting late can reduce or jeopardise your claim. Turner Insurance opens the claim for you the same day in English.
What happens if the other driver has no insurance or drives off in Spain?
Call the police immediately and get an atestado (police report) — this is essential. If the at-fault driver is uninsured, untraced (a hit-and-run), or the vehicle is unknown, the Consorcio de Compensación de Seguros (the Spanish state guarantee fund) compensates victims for personal injury, and for vehicle damage in defined cases. We help you file the Consorcio claim.
Should I admit fault at the scene of a car accident in Spain?
No. Never admit fault or sign any document you do not fully understand. Record the facts on the parte amistoso, take photographs, and let the insurers and, if needed, the police establish liability. Admitting fault at the scene can prejudice your position even if the accident was not actually your fault.
What should I do if I am injured in a car accident in Spain?
Call 112 and get medical attention even for seemingly minor symptoms — some injuries appear hours later. Keep all medical reports. Personal-injury compensation in Spain is calculated using the official baremo (injury scale). The at-fault driver’s insurer (or the Consorcio, if they are uninsured) pays. Keep every receipt and report, and take legal advice for anything beyond minor whiplash.
Do I need a police report to make a car insurance claim in Spain?
Not always. For an agreed minor collision the parte amistoso is enough. You need a police report (atestado) or a denuncia when there are injuries, a dispute over fault, an uninsured or untraced driver, theft, or a criminal element such as drink-driving. When in doubt, call the police — the report protects your claim.
Sources & references
- Dirección General de Tráfico (DGT) — official guidance on accidents, the V16 beacon and road rules.
- Consorcio de Compensación de Seguros — the state fund for uninsured and untraced drivers.
- Ley 50/1980 de Contrato de Seguro (BOE) — the 7-day notification rule (Art. 16).
- Ley 35/2015 (BOE) — the baremo personal-injury compensation scale.
Related guides & insurance
- European Accident Statement (Parte Amistoso) — free download
- How to Make a Car Insurance Claim in Spain
- Car Insurance in Spain (Generali, in English)
- The V16 Emergency Beacon — 2026 Law & Buying Guide
- Emergency Numbers in Spain (112 and more)
- Drink-Driving Limit & Drinking Laws in Spain
Car insurance in Spain, handled in English
If a claim ever goes wrong, the difference is having someone who deals with the insurer in Spanish on your behalf. We arrange Generali car, motorbike and van cover for expats across Spain — and open and manage your claim in plain English. No sales pressure.
This guide is general information, not legal advice. Procedures, deadlines and compensation rules can change; always follow the instructions of the attending authorities and confirm anything important with your insurer or a Spanish lawyer. If you suspect injury, call 112 immediately.