Amicable accident statement or police report: which do you need?

Terms used

• Parte amistoso — The parte amistoso is a joint accident statement that both drivers fill in and sign, then send to their insurers.
• Atestado — The atestado is the official accident report drawn up by the Guardia Civil or police who attend.
• Guardia Civil de Tráfico — The Guardia Civil de Tráfico is the national police unit that handles traffic and accidents on motorways and roads between towns.
• Policía Local — The Policía Local is the town or city police, which attends most accidents on urban streets.

Key rules

• Injuries: If anyone is hurt, or you suspect drink or drug driving, the police must attend.
• Parte amistoso: It works only if both drivers agree, both vehicles are insured and both of you sign.
• Foreign or uninsured driver: Call the police if the other driver is foreign, uninsured or will not give details.
• Copy of the atestado: Ask the force that attended, with your ID and the date, place and plates.

The short answer

If nobody is hurt, both drivers agree on what happened and both vehicles are insured, a parte amistoso is enough. In every other case, call the police. The decision box below walks you through the choice.

When you must call the police

Call the Guardia Civil or police if any of these apply:

• Someone is injured or dead.
• You suspect a driver is drunk or on drugs.
• A driver has no insurance or drives off.
• Public property or hazardous goods are damaged or involved.

Call too, even though it is not required, if:

• You disagree about who is at fault.
• The other driver refuses to give their details.
• The other driver is foreign.
• The other vehicle is uninsured or cannot be identified.

If you are unsure, call. A police report (atestado) is the strongest proof you can have.

Who comes

• On motorways and roads between towns, the Guardia Civil de Tráfico attends.
• In towns and cities, the Policía Local attends. The Policía Nacional sometimes does.
• In Catalonia, the Mossos d'Esquadra handle traffic on roads between towns. The Guardia Civil only covers some roads and cases.
• In the Basque Country, the Ertzaintza handle those roads.
• In Navarra, the Policía Foral does.

When a parte amistoso is enough

Use it only when all of these are true:

• There is only damage to vehicles, and nobody is injured.
• Both drivers agree on the facts.
• Both vehicles are identified and insured.
• You do not suspect drink or drug driving.

Both drivers must sign it. Each of you then sends it to your own insurer, which handles the claim. The guide below shows how to fill it in.

How to get a copy of the atestado

The parties involved, and their insurers or lawyers, can ask for a copy. Ask the force that drew it up: the Guardia Civil de Tráfico sub-sector, the Policía Local, the Mossos or the Ertzaintza.

• Apply in person or in writing. Bring your ID and the accident details: date, place and plates.
• For the Guardia Civil, you can often also apply through the DGT or the force's online channels.
• If the case has gone to court, the copy comes from the court (juzgado).
• It takes from a few days to several weeks.
• It is usually free. Some local police charge a small fee.

Choosing between options

Do you need a police report (atestado) or is a parte amistoso enough?

• Complete a parte amistoso: Only vehicles are damaged, nobody is hurt, both drivers agree on what happened, both vehicles are identified and insured, and nobody is suspected of drink or drug driving. Both drivers sign it and each sends it to their insurer.

• Call the Guardia Civil or police: Someone is injured or dead, a driver is suspected of drink or drug driving, a driver has no insurance or leaves the scene, or public property or hazardous goods are involved. Attendance is required in these cases.

• Call the police even if the damage is minor: You disagree about fault, a driver refuses to give details, the other driver is foreign, or the other vehicle is uninsured or unidentified.

If any of the required cases applies, call the police. If you only disagree or are unsure, still call them. Use the parte amistoso only when every condition for it is met.

Documents you need

• Copy of the atestado (the official accident report), issued by the Guardia Civil de Tráfico sub-sector, Policía Local, Mossos or Ertzaintza, whichever drew it up. If the case is in court, ask the court (juzgado) instead.

• Your ID, to show when you ask for the copy.

• Accident details: date, place and the vehicle plates.

How to fill in the accident statement (parte amistoso)

Before you start

Use the paper form, the Declaración Amistosa de Accidente, or your insurer's app version. Most Spanish insurers accept both, and the paper form is accepted everywhere. The paper form is carbonless, so both drivers end up with identical copies.

Fill it in at the scene, together with the other driver, and photograph the form and the scene before you part.

Boxes 1 to 9: who, where and which policy

Write the date, place, vehicle, insurer and policy details. Copy them from the documents themselves, and write clearly. A wrong policy number is the most common reason a claim is slowed down.

Box 12: circumstances

Tick only the boxes that truly apply, then count them. Insurers use these ticks to decide who is at fault. Too many ticks, too few, or ticks that do not match what happened can all work against you.

Box 13: the sketch

Draw the road layout and the direction each vehicle was travelling. Show where both vehicles were at the moment of impact, and add any signs or road markings. The sketch must agree with the circumstances you ticked.

Damage diagram

Mark the damage on the vehicle diagram with arrows.

Box 14: observations

Use this box to record:

• anything you disagree on
• damage you can see
• witness names and phone numbers
• visible injuries

If you disagree with the other driver on anything, never leave this box blank.

Box 15: signatures

Both drivers sign. Signing means you agree with the facts on the form.

• Do not sign if anything on it is wrong.
• Do not sign a blank or half-filled form.
• Check that both copies say exactly the same thing before you sign.

If the other driver will not sign or disagrees

Do not sign a version you disagree with. Each driver can complete their own report and send it to their own insurer.

1. Write your version in box 14, with the other driver's details, plate and insurer if they will give them.
2. Photograph the scene, the damage, the plates, the position of the vehicles and any road signs.
3. Call 112 if anyone is hurt, if there is a dispute, or if the other driver is aggressive or drives off.
4. For a dispute, call the local police or the Guardia Civil de Tráfico. They can write an official accident report (atestado) or note the details.

If you do not have the other driver's insurer, give your insurer the plate number. It can trace the other insurer from that.

Send it on time

Send the form to your insurer within 7 days. Tell the insurer about the accident in the same time. Late notice can lead to a claim against you if it harms the insurer, and in serious cases it can cost you your cover. Your policy may allow a longer period, so check it, but do not count on that. In practice, send it as soon as you can, with your photos and any witness details.

This form covers damage to vehicles. If anyone is injured, get medical attention, keep every report, and tell your insurer, because injuries are usually handled by a separate procedure.

Frequently asked questions

Which police force attends an accident on a motorway or a city street?

On motorways and intercity roads the Guardia Civil de Tráfico attends, and in towns and cities the Policía Local does, sometimes with the Policía Nacional. Catalonia is different: the Mossos d'Esquadra handle intercity roads. In the Basque Country it is the Ertzaintza, and Navarra has the Policía Foral.

Should I call the police if the other driver is foreign?

Yes, it is advisable to call the Guardia Civil or police when the other driver is foreign, because it helps you get their details and a clear record of what happened. The same goes if the other vehicle is uninsured or cannot be identified, or if a driver refuses to give details.

Who can ask for a copy of the atestado, and how long does it take?

The people involved, and their insurers or lawyers, can ask for a copy of the atestado from the force that drew it up.

Does a copy of the atestado cost anything?

A copy of the atestado is usually free, though some local police charge a small fee. For the Guardia Civil you can also ask through the DGT, Spain's traffic authority, or the force's online channels.