Car accident lawyer in Alicante

01What to do right after a car accident in Alicante

The first hour after a crash shapes the whole claim that follows. I am Esther Sánchez Hellín, a lawyer registered with the Alicante Bar (ICALI, number 5795), and I regularly see cases that get complicated not because the injuries were serious but because nobody gathered evidence at the scene.

At the scene

• Check for injuries and call 112 if anyone needs help. If you feel pain, dizziness or a stiff neck, say so: it needs to be on record even if it seems minor.
• Photograph everything before moving the vehicles: their position, the damage, skid marks, road signs and the other number plate.
• Get the other driver's details: name, DNI or NIE, plate, insurer and policy number. If they refuse, call the Policía Local or the Guardia Civil.
• Note down witnesses with a name and phone number.

In the following hours

Go to A&E (urgencias) the same day even if you feel fine. Whiplash often only starts to hurt 24 to 48 hours later, and the insurer will use any delay to argue the injury did not come from the accident. Report the accident to your own insurer within the period in your policy, usually 7 days, and keep all reports and receipts. If in doubt, message me on WhatsApp.

02The parte amistoso and the atestado: the two documents that decide fault

In a Spanish road accident, who is to blame is decided by the paperwork created at the scene: the parte amistoso (the European accident statement form) and the atestado (the police report).

The parte amistoso (accident statement form)

Both drivers fill it in and sign. Only sign it if you agree with what it says; if the other driver ticks boxes that do not match what happened, do not sign and call the police. Ask for a version in a language you can read. Draw the sketch carefully and always tick the "injured" box if you feel any discomfort: a form saying nobody was hurt followed by an injury claim two weeks later is an open door for the insurer.

The atestado (police report)

If the Policía Local of Alicante, the Guardia Civil de Tráfico or the Policía Nacional attend, they will draw up an atestado or, in minor cases, a shorter report. It records positions, statements, breath tests and offences, and carries great weight as evidence. My first step is always to request it, because it often contains details the other insurer leaves out of its letters.

For personal injury, the driver's civil liability in Spain is close to strict liability: he is liable unless he proves the damage was caused exclusively by the victim or by force majeure. That is why it is worth claiming even when you think you were "partly at fault". I explain the general rules in my article on claiming for civil liability (in Spanish).

03Common injuries: whiplash and the others insurers like to dispute

Most of the road accidents that reach my office are not dramatic crashes. They are rear-end shunts on the roundabouts of the Gran Vía or on the N-332 to Santa Pola, and the most frequent injury by far is cervical sprain, better known as whiplash (latigazo cervical).

Whiplash

It is caused by the sudden movement of the neck in a rear-end collision. Because it does not show on an X-ray, the Spanish compensation law (Ley 35/2015) requires, before minor spinal injuries are compensated, that the injury be compatible with the mechanics of the accident, that medical attention was sought within a reasonable time, that the symptoms are consistent and that the intensity of the impact matches the injury. The insurer challenges each of those criteria, which is why medical documentation from day one is decisive.

Other frequent injuries

• Fractures of the wrist, collarbone or ribs, common among motorcyclists and cyclists on the coastal roads.
• Knee and shoulder injuries in pedestrian accidents. If you were hit as a pedestrian, my article on claiming after being run over (in Spanish) covers the specifics.
• Head injuries and psychological harm (post-traumatic stress, fear of driving), also compensated if diagnosed.

Compensation is calculated on what the medical reports say, not on what you tell the insurer. If you go home to the UK, Ireland or Germany for treatment, keep the reports and have them translated: they count just the same.

04How compensation is calculated: the baremo of Ley 35/2015

In Spain, compensation for a road accident is not negotiated freely. It is calculated using the statutory scale in Ley 35/2015, known as the baremo, whose amounts are updated every year. The figure is objective and can be checked, but if you do not know the baremo you cannot tell whether an offer is right.

What is compensated

• Temporary injury: the days it takes you to recover, classified by severity (very serious, serious, moderate or basic).
• Permanent sequelae (secuelas): the limitations that remain once the injury stabilises, scored from 1 to 100 on a medical table, plus aesthetic harm and, where relevant, loss of quality of life.
• Financial loss: medical and rehabilitation costs, travel, help from a carer and loss of earnings (lucro cesante): what you stopped earning because you were off work or cannot return to your job.

Why two people with "the same injury" receive different sums

Because the baremo weighs age, income, employment status and surgery: a self-employed 40-year-old and a retired person with the same whiplash do not receive the same sum. You can see a worked example in my article on compensation for a road accident in Alicante (in Spanish).

The independent medical report

The insurer will ask you to see its own doctor, who works for the insurer. So in cases with sequelae or long sick leave, I propose a report from an independent medical expert (perito médico) who assesses the injuries against the baremo.

05The prior claim to the insurer and the 1-year time limit

Before you can sue an insurer over a road accident in Spain you must first send it a formal prior claim (reclamación previa, article 7 of the motor insurance liability law, LRCSCVM). It fixes in writing what you are claiming and why, with the medical documents and an itemised baremo calculation.

What the insurer must do

The insurer has 3 months from receipt to make a reasoned offer of compensation or a reasoned reply explaining why it will not pay. If the offer is insufficient or there is no answer, the court route opens, and late payment carries penalty interest against the insurer.

The time limit: 1 year

The action to claim for damage from a road accident is time-barred after one year (article 1968 of the Civil Code), counted not from the day of the accident but from the stabilisation of the injuries, in other words from medical discharge or from when the sequelae are defined. The prior claim interrupts that period. Even so, do not leave it late, especially if you live abroad part of the year.

If the matter ends up in court, it is heard by the civil courts at the Ciudad de la Justicia in Alicante or by the court of the place where the accident happened. I explain how a civil case works in my guide to a civil lawyer in Alicante.

06Uninsured driver, hit-and-run, hire cars and other special cases

Not every accident involves two insured cars. These are the situations that raise the most questions in my office.

The other vehicle is uninsured or unknown

If the driver responsible had no insurance, or drove off and has not been identified, compensation is paid by the Consorcio de Compensación de Seguros, a public body. It covers personal injury in both cases and material damage where the vehicle was uninsured. You must have reported the accident to the police, so after a hit-and-run a report at the police station (denuncia) is the very first step.

You were a passenger

A passenger is always entitled to compensation, whichever driver was at fault, including the driver of the car you were travelling in. The insurer pays, not the driver.

Hire cars and foreign plates

In a rental car you deal with the rental company's insurer; if the other vehicle had foreign plates, the claim is made in Spain through the foreign insurer's Spanish representative. The baremo applies just the same.

Accident on the way to work

If the accident happens on your way to or from work, it is an accident in itinere: the Seguridad Social treats it as a workplace accident, with higher benefits, and you can also claim against the responsible driver's insurer. If your employer makes difficulties, my guide to an employment lawyer in Alicante will help.

When a crime is involved

If the driver was drunk, fled the scene or caused serious injury through gross negligence, criminal proceedings may be opened alongside the civil claim, and compensation can be claimed within that process. My guide to a criminal defence lawyer in Alicante explains how it works.

07Why you should not accept the first offer, and what a car accident lawyer costs

A few weeks after the accident the insurer, sometimes your own, often calls with a figure and a settlement document (finiquito) promising quick payment. That speed has a price.

What lies behind the first offer

• It is calculated without knowing your sequelae, because you have not yet stabilised. Signing before discharge means accepting a figure for an injury that has not been assessed.
• It usually leaves out loss of earnings, private rehabilitation and other baremo headings the insurer will not include unless you claim them.
• The document you sign is a full and final settlement: you waive any further claim for that accident, even if complications appear later. It will be in Spanish; do not sign what you cannot read.

Not every first offer is bad, but you cannot know whether it is good without comparing it to an independent baremo calculation, which is exactly what I offer at the first consultation.

Fees: how I work

In road accident cases it is common to agree fees as a percentage of the compensation actually recovered, or a fixed amount per stage. I always put it in writing in an engagement letter (hoja de encargo) before starting stating what it includes. Many Spanish motor policies also include legal defence cover (defensa jurídica) that lets you choose your own lawyer at your insurer's expense up to the policy limit. Check yours first.

A word about language: my consultations are held in Spanish. If you need an interpreter, mention it when you write on WhatsApp and we will arrange one for the meeting.

08How I handle road accident claims from my office in Alicante

I have practised in Alicante since 2002. My main specialism is family law, and I also work in civil, criminal, inheritance and employment law, which helps in road accidents: a single crash can have a civil, a criminal and an employment side, and I prefer to handle all three with an overall view.

What you can expect

• A first consultation in which I review the accident form, the police report and the medical reports and give you an indicative estimate under the baremo.
• Direct contact with me, with no claims handler between you and your lawyer.
• Clear communication: I explain every letter from the insurer, and we decide together whether to accept, counter-offer or sue.
• Fees in writing from the start.

I see clients by appointment from Monday to Friday at calle Isabel La Católica 9, entresuelo izquierda, 03007 Alicante, and I work with people across the province: Playa de San Juan, Campello, Elche, Torrevieja and Benidorm. You can book an appointment or write to me on WhatsApp on 627 502 675. The other areas of the practice are listed under practice areas.

How a road accident claim is handled, step by step

1. 1
   Medical care and evidence

   A&E the same day, photographs, the other driver's details, witnesses and the accident form or police report. Notify your own insurer.

2. 2
   First consultation

   I review the documents, identify who to claim against (the other insurer, your own, the Consorcio) and give you an indicative estimate under the baremo.

3. 3
   Treatment and medical follow-up

   You follow treatment until your injuries stabilise. We keep every report and every expense. Where useful, we commission an independent medical expert.

4. 4
   Prior claim

   I file the formal claim with the insurer, with an itemised baremo calculation. The insurer has 3 months to make a reasoned offer.

5. 5
   Negotiation

   We analyse the offer heading by heading. Many cases settle at this stage, at a figure very different from the first proposal.

6. 6
   Court claim, if needed

   If the offer is insufficient or there is no reply, we file a civil claim in the courts of Alicante or of the place of the accident.

7. 7
   Payment

   Compensation is paid by bank transfer, to a Spanish or foreign account, usually within weeks of a settlement.

Frequently asked questions