Making a claim and using roadside assistance in Spain

Terms used

• Parte amistoso — The parte amistoso is the joint accident statement that both drivers fill in and sign at the scene.
• Todo riesgo — Todo riesgo is comprehensive car insurance that covers damage to your own car, not only damage you cause to others.
• Perito — The perito is the appraiser the insurer sends to inspect the damage to your car.
• Peritaje — The peritaje is the appraiser's written valuation of the damage and the repair cost.
• Consorcio de Compensación de Seguros — The Consorcio de Compensación de Seguros is a public body that pays accident compensation when the other vehicle is uninsured or unidentified.

Key rules

• Report deadline: Your insurer must hear about the accident within seven days, unless your policy allows longer.
• Workshop choice: With third-party cover only, you are the injured party and can choose any workshop.
• Disagreeing with the valuation: You can ask for a second appraisal by your own expert.
• Civil liability claim: A civil liability claim has a one-year limit from the accident date.
• Roadside towing: Basic plans often limit towing to around 25 to 50 km from home.

Report the accident first

Tell your insurer about an accident within seven days, unless your policy allows longer. Use the app, phone, email or your broker. A late report does not by itself cancel your cover. But the insurer can claim damages if the delay harmed it, and it can cut the payout if you delayed on purpose or through serious fault.

At the scene, fill in the parte amistoso with the other driver and both sign it. Take photos of the damage and the scene, and note down witnesses. If anyone is hurt or the accident is disputed, ask for a police report. The documents and checklist below list everything.

Choose the workshop

With a todo riesgo policy you can usually pick any workshop. Insurers often push you towards their affiliated workshops. These may bill the insurer directly and offer extra benefits. Before you go elsewhere, check your policy for limits on labour rates or an excess for a workshop outside the insurer's network.

With third-party cover only, you are the injured party and can choose any workshop freely.

The valuation

After you report, the insurer sends a perito, an appraiser who inspects the damage. The perito prepares the peritaje, the valuation. The insurer then decides whether to repair the car or treat it as a total loss.

If you disagree, ask for a second appraisal by your own expert. The policy's appraisal procedure then applies. You can also complain to the insurer's customer service department, then to the complaints service of the Dirección General de Seguros, or go to court.

If the other driver is uninsured or drove off

The Consorcio de Compensación de Seguros pays compensation for injuries and deaths caused by uninsured or unidentified vehicles. It also pays for property damage from an uninsured vehicle. For an unidentified vehicle, it pays property damage only if the same accident also caused serious injury, usually with an excess. Its payments are capped at the compulsory insurance limits.

Claim directly to the Consorcio with the police report and proof of the accident. Or claim through your own insurer if your policy covers uninsured drivers. The time limit for a civil liability claim is one year from the accident date, so do not wait.

What roadside assistance usually covers

Basic assistance typically covers:

• Towing after a breakdown or accident to a workshop or your home. Basic plans often limit this to around 25 to 50 km from home. Better plans are unlimited or national.
• On-site repairs for minor faults, such as a flat battery or a puncture. Running out of fuel is covered, but the fuel itself is not.

Higher plans add a replacement vehicle, hotel stays, onward travel for passengers and repatriation. Common exclusions are the cost of parts, fuel and tolls, damage from racing, and overloaded vehicles or those carrying hazardous cargo. Cover abroad depends on your policy.

Choosing between options

Which workshop should you use for the repair?

• The insurer's affiliated workshop: You want the simplest route: it may bill the insurer directly and give you extra benefits.

• A workshop you choose yourself: You have comprehensive (todo riesgo) cover and prefer your own workshop, and you accept a possible excess or labour-rate limit in your policy.

• Any workshop you like, as the injured party: The other driver was at fault and you claim under their third-party cover, where you have a free choice.

Under comprehensive cover you can usually choose, so compare the policy's excess and labour-rate limits against the convenience of direct billing. Under third-party cover as the injured party, the choice is yours.

Timeline and deadlines

• Collect photos, witness details and the signed joint accident statement: at the scene or straight after the accident

• Bring any civil liability claim against the other driver: within one year of the accident

Documents you need

• Joint accident statement (parte amistoso de accidente), filled in and signed by both drivers, or your own accident report if the other driver will not sign.

• Photos of the damage and the scene, plus the names and contact details of any witnesses.

• Police report, needed if anyone was injured or the accident is disputed. It is also needed for a claim to the Consorcio if the other driver is uninsured or unidentified.

Checklist

• Fill in and sign the joint accident statement with the other driver.

• Take photos of the damage and note down witness details.

• Let the insurer's appraiser (perito) inspect the damage, then read the valuation (peritaje) and the decision to repair or write off the car.

What to watch out for

• Reporting late: If you report after seven days, your insurer can claim damages if the delay harmed it. It can also reduce your payout if the delay was intentional or seriously at fault. A late report does not by itself cancel your cover. Report within seven days, or within the longer period your policy allows, even if you do not yet have all the papers.

• Steered to the insurer's workshop: Insurers often push you towards affiliated workshops. A workshop outside the network may mean an excess or capped labour rates under your policy. Read your policy before agreeing to a workshop, and weigh direct billing against your freedom to choose.

• Valuation you disagree with: The insurer's appraiser decides whether the car is repaired or written off, and the valuation may be lower than you expect.

Frequently asked questions

Can I choose my own workshop after an accident?

Yes, with a comprehensive (todo riesgo) policy you can usually choose any workshop, but your policy may cap labour rates or add an excess for a workshop outside the insurer's network. Insurers often steer you to affiliated workshops, which may bill them directly.

What can I do if I disagree with the insurer's damage valuation?

You can ask for a second appraisal by your own expert, and the policy's appraisal procedure then applies.

How long do I have to bring a civil liability claim after a crash?

You have one year from the date of the accident for a civil liability claim. This is separate from the deadline for telling your insurer.

What does basic roadside assistance usually not cover?

Basic roadside assistance usually does not pay for parts, fuel or tolls, or for damage from racing, or for overloaded vehicles or hazardous cargo. Towing on basic plans often stops at around 25 to 50 km from home. Check whether your policy covers you abroad.