The procedure in the event of a road traffic accident (accidente de trafico) in Spain will depend on the severity of the accident, whether there are injuries and if it is necessary for the police to be involved.
For insurance purposes, the following precautions are also advisable:
If there have been injuries or fatalities call for the police and ambulance: Police Guardia Civil 112 or Policia Local 092 from a mobile or landline (calls are free), or use one of the SOS telephones located on motorways and main roads.
In accordance with basic first aid rules, keep the injured person warm and do not move a casualty unless they are in danger of further injury. It is a legal requirement in Spain to carry a first aid kit in the car. Witnesses of an accident are obliged to contact emergency services and assist the accident victims until help arrives.
If the police attend the scene of an accident they will make an accident report. They may make charges of driving offences. If a driver suspects a driver involved in the accident has been drinking or taking drugs then inform the police.
Note: The legal limit for drink driving (DUI/DWI) in Spain is 0.5g/l of alcohol in the blood, or 0.3g/l of alcohol in the blood if the driver has held a licence for less than two years.
If there are no injuries and only minor damage caused there is no need to call the police.
In the event of a minor accident with no injuries the parties involved must exchange details and make a declaration of events. This will form the accident report submitted to the insurance companies. If the parties involved do not agree on a version of events do not sign any documentation and contact the police for assistance.
Included in the accident report are the following details:
If the insured feels that the other driver is at fault, they have two months in with which to make a report to the Spanish Authorities, initiating a criminal procedure. If the authorities judge that the other driver has not committed an offence a driver may initiate civil procedure within one year of the accident.
In cases where physical injury is involved, the victim must be examined by the court's doctor (médico forense) to determine whether compensation is payable by the defendant.
Note: A driver wishing to bring legal action is advised to consult a lawyer.
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