I have just been in a car accident, what should I do?

Every year, thousands of car accidents occur in Spain. Fortunately, in most cases there are no fatalities, but many of them do cause numerous personal and material damages that the affected person has the right to claim.

Here are five steps to follow to ensure a compensation after suffering from a car accident.

Step 1.- Gather the documentation and go to the doctor

Whenever possible, it is advisable to fill out an accident report detailing the circumstances of the accident and the party who is at fault. If the police are involved, the police report will also be useful.

In addition, if you have suffered any injury, it is essential that you go to the doctor to get a report of your injuries and, when appropriate, a leave of absence. 

Step 2.- Report the claim to your insurance company

You have up to seven days to report the accident to your insurer in order to be covered. It is always advisable to do so in writing, detailing the circumstances of the accident and the damage caused. It is important that you do not let too much time pass without reporting the accident.

Step 3.- Hire a professional for advice

We recommend that you contact a trusted lawyer who will analyze your case, explain what amounts can be claimed and what steps you need to follow.

Your insurance company will offer you a lawyer, but remember they work for the insurer and may not always defend your best interests independently as they should. This is why we advise to hire your own lawyer.

Not only do you have the right to claim compensation for the damage caused to the vehicle or to yourself / those in the vehicle with you, but there are many other things you can claim. For example, it is possible to request a compensation for the working days missed, time in which you have been unable to lead a completely normal life, transportation costs to go to the doctor, the value of the objects that were damaged as a result of the accident, etc.

Step 4.- Extrajudicial claim and agreement with the insurer

If the lawyer considers that your case is viable, he or she will file a claim with the insurer. The claim must be finely drafted including the exact amount that we want to claim. 

The insurer is required by law to make a reasonable offer within three months from the moment we send them the claim. These offers are usually well below the amount that the client has the right to receive.

You should keep in mind that insurance managers are trained and skilled in negotiating compensations, so it is highly recommended that you have a lawyer to represent your interests during the negotiation.

Step 5.- Filing of lawsuit

At this point, if reaching a fair agreement with the insurance company has been unsuccessful, we can file a lawsuit, where we will request the judge to order the insurance company to pay you the corresponding compensation, plus interests.

Be careful: in the event that you file the claim without proving that you have previously made the extrajudicial claim (step 4), your request will be inadmissible by the Court.

If you have suffered an accident, contact us by phone +34610632963 or email contact@nietojones.com and we will be happy to review your case to advise you on the next steps, without any commitment.