Claiming compensation from the insurance company for traffic accident injuries

Last updated 16 July 2026 · Reviewed by Jaime Piñeira Pardo, lawyer registered with the ICAM bar, no. 138826 · English version of our Spanish guide.

If you have suffered injuries in a traffic accident, you can claim compensation from the responsible vehicle's insurance company under Ley 35/2015 (the Spanish Traffic Accident Compensation Act). A prior claim is mandatory before suing: the company has 3 months to make a reasoned offer. The time limit is 1 year. Managora prepares the claim, assesses your injuries and submits it for you.

We handle the whole procedure for you, from start to finish.

You describe your case in a chat and sign; we file it with the Spanish authorities. Fixed price from €229.00 (21% VAT included), plus the tasa (official fee) where there is one.

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What you can claim and who to claim against

If you have been injured in a traffic accident that was not your fault, you have the right to be compensated for personal damages by the responsible vehicle's insurance company. The claim is directed straight at that company (direct action under article 7 of the texto refundido de la Ley sobre responsabilidad civil y seguro en la circulación de vehículos a motor (consolidated text of the Law on civil liability and insurance in the circulation of motor vehicles)), not at the driver personally.

The non-at-fault driver, vehicle occupants, pedestrians, cyclists and generally any injured party can claim. If you were partly responsible, the compensation may be reduced proportionally, but good faith occupants usually receive the full amount.

The Ley 35/2015 scale: temporary injuries and permanent sequels

Injuries are assessed using the scale introduced by Ley 35/2015, which distinguishes 2 main blocks. Temporary injuries cover the period from the accident until medical stabilisation or discharge: they are calculated per day of loss, with 4 degrees (basic, moderate, severe and very severe) depending on how much autonomy you lose while recovering, and healthcare expenses and loss of earnings (lucro cesante) are added.

Permanent sequels are the consequences that remain once the healing process has finished. They are valued in points, according to a medical table and the victim's age, and include aesthetic damage and future expenses (rehabilitation, prosthetics, help from another person or adaptation of your home or vehicle when applicable).

The scale amounts are updated every year with the CPI (as now established by Ley 5/2025 (Law 5/2025), which replaced the previous index). That is why we do not indicate the amounts per day or per point here: you can see the updated amount on the service page.

The accident report and the documentation you need

The starting point is to record the accident. The amicable accident report signed by both drivers or, if the Guardia Civil or police intervened, the police report (atestado) is valid. It is advisable to report the incident to your own insurance company as soon as possible.

To assess the injuries, medical reports are needed: the emergency room report from the day of the accident, follow-up and rehabilitation reports, and the discharge or stabilisation report that determines the permanent sequels. You should also keep receipts for expenses (pharmacy, physiotherapy, travel) and, if you were on sick leave, your work leave certificates. Managora gathers and organises all this documentation for you.

The prior claim and the reasoned offer

Before going to court, it is mandatory to submit a prior claim to the insurance company (article 7). It is a procedural requirement: without it, the lawsuit may be dismissed. The claim identifies the injured party and describes how the accident happened, and since Ley 5/2025 (Law 5/2025) it does not need to be quantified.

The company has 3 months to respond. If it acknowledges liability and the damage is quantified, it must make you a reasoned compensation offer, detailed and with the amounts. If it cannot, it must give you a reasoned response explaining why. When you accept the offer, the insurance company must pay or deposit the compensation within the time limit set by law; if it lets the time limit pass without offering or does not pay what was accepted, late payment interest is generated in your favour.

If you do not agree with the company's medical assessment, you can go to the Institutes of Legal Medicine, a route reinforced by Ley 5/2025 (Law 5/2025). Managora drafts the claim, submits it and negotiates the offer on your behalf.

Time limits and expiration: you have 1 year

The action to claim expires in 1 year. That time limit is not usually counted from the day of the crash, but from the medical discharge or the stabilisation of the injuries, which is when the real extent of the damage and the permanent sequels is known.

Submitting the prior claim interrupts the expiration period: the time limit stops and starts again (another full 1 year) when the insurance company reliably notifies you of its offer or its reasoned response. Even so, it is advisable not to exhaust the time limits. If you let the 1 year pass without claiming, you lose the right to compensation.

How Managora manages it

Managora takes care of the entire process from start to finish. We assess your injuries using the current scale, gather the medical reports and expense receipts, draft the prior claim and submit it to the insurance company on your behalf.

We then negotiate the reasoned offer so that the compensation matches what you are truly entitled to and, if the company does not respond well, we prepare the claim through the judicial route. You can start your claim and see the service amount on the service page.

Frequently asked questions

How long does it take to receive the compensation?

It depends on each case. The insurance company has a maximum of 3 months to make you the reasoned offer, and if you accept it, they must pay the compensation within the time limit set by law. If they dispute the liability or the amount, the process takes longer. Managora presses the deadlines and negotiates so that you get paid as soon as possible.

What paperwork do I need to claim?

The amicable accident report or the Guardia Civil or police report, the medical reports (emergency room, follow-up and discharge or stabilisation), the expense receipts and, if you were on sick leave, your work leave certificates. Do not worry if you are missing any: Managora gathers and organises the documentation for you.

How much money am I entitled to?

It is set by the Ley 35/2015 scale: the days of temporary injury according to their degree, the points for permanent sequels based on age, plus expenses and loss of earnings. It is calculated upon medical discharge and the amounts are updated every year with the CPI. You can see the service amount on the service page.

What happens if the insurance company does not respond or their offer is very low?

If they do not make you a reasoned offer in 3 months or do not pay what was accepted, late payment interest accrues in your favour. You are not obliged to accept an insufficient offer: you can reject it and claim more, even through the courts. Managora negotiates and, if there is no agreement, prepares the lawsuit.

Can I claim if I was partly at fault?

Yes. When there is concurrent fault, the compensation is reduced in proportion to your responsibility, but you do not lose it. Good faith occupants usually receive the full amount. Managora assesses the distribution of liability to claim as much as possible.

Until when can I claim?

You have 1 year, which normally starts counting from the medical discharge or the stabilisation of the injuries, not from the date of the accident. Submitting the prior claim interrupts that time limit. Do not let it pass: if it expires, you lose the right to compensation.