Car insurance claims in Spain
Fault rules, deadlines, insurer response times, minimum coverage and the regulator for car insurance claims in Spain, with every rule cited to its source.
Verified as of September 10, 2026
| Fault system | At-fault (tort) |
|---|---|
| Shared-fault rule | Pure comparative negligence For injuries, the victim’s own contribution reduces compensation by at most 75 % (LRCSCVM art. 1.2); children under 14 and people without legal capacity are not reduced at all. |
| Deadline to sue for vehicle damage | 1 years from when the damage became known [1] Civil liability for fault or negligence (Código Civil art. 1968.2), counted from when the injured party knew of it. |
| Deadline to sue for injury | 1 years from when the damage became known [1] Same one-year period; for injuries the clock runs from stabilisation of the injuries, not the crash date, under settled case law. |
| Deadline to sue your own insurer | 2 years from the accident [2] Actions arising from the insurance contract: two years for property insurance, five for insurance of persons (LCS art. 23). |
| Insurer response deadlines — Accept or deny | 3 months from the claim [3] Reasoned offer (oferta motivada) or reasoned reply within three months of the claim, for injuries and for property damage alike; late payment accrues statutory interest. |
| Minimum liability coverage | Bodily injury, per accident €70,000,000 · Property damage €15,000,000 [4] Compulsory cover per claim, whatever the number of victims (LRCSCVM art. 4.2); amounts may be updated by ministerial order following EU Directive 2009/103/EC. |
| Diminished value recoverable | Not yet verified |
| Uninsured / underinsured motorist cover | Not applicable |
| Regulator | Dirección General de Seguros y Fondos de Pensiones |
- Real Decreto de 24 de julio de 1889, Código Civil, arts. 1902 y 1968, art. 1968.2 — verified as of 2026-09-11
- Ley 50/1980, de 8 de octubre, de Contrato de Seguro, art. 23 — verified as of 2026-09-11
- Real Decreto Legislativo 8/2004, texto refundido de la Ley sobre responsabilidad civil y seguro en la circulación de vehículos a motor (LRCSCVM), art. 7.2 — verified as of 2026-09-11
- Real Decreto Legislativo 8/2004 (LRCSCVM), límites del aseguramiento obligatorio, art. 4.2 — verified as of 2026-09-11
- Real Decreto Legislativo 8/2004 (LRCSCVM), responsabilidad del conductor y concurrencia de culpas, art. 1.1, 1.2 — verified as of 2026-09-11
- Real Decreto Legislativo 8/2004 (LRCSCVM), funciones del Consorcio de Compensación de Seguros, art. 11.1 — verified as of 2026-09-11
In Spain the driver answers for the damage a moving vehicle causes “by virtue of the risk created” by driving it (LRCSCVM art. 1.1). For injuries that liability is close to strict: the driver escapes only by proving the victim’s exclusive fault or force majeure unrelated to the vehicle, and where the victim merely contributed, compensation is reduced by their share up to a ceiling of 75 %. For damage to property the ordinary rules of fault apply.
The deadline to sue the person responsible is short: one year from when the injured party became aware of the damage (Código Civil art. 1968.2), which for injuries the courts count from the date the injuries stabilised. Suing your own insurer under the policy is a different action with a different clock: two years for property insurance and five for insurance of persons (Ley de Contrato de Seguro art. 23).
The insurer of the vehicle at fault must, within three months of receiving the claim, make a reasoned offer of compensation or a reasoned reply explaining why it will not (LRCSCVM art. 7.2). Silence or delay makes statutory interest run against it. Compulsory cover is high by international standards: €70 million per claim for injuries and €15 million for property damage, whatever the number of victims (art. 4.2).
There is no uninsured-motorist add-on because the Consorcio de Compensación de Seguros, a public body, compensates victims of unidentified, uninsured or stolen vehicles and of insolvent insurers (art. 11.1). Complaints about an insurer go first to its customer service and then to the Dirección General de Seguros y Fondos de Pensiones.
File a complaint: Dirección General de Seguros y Fondos de Pensiones →
Frequently asked questions
How long do I have to sue for injuries after a car accident in Spain?
1 years from when the damage became known (Real Decreto de 24 de julio de 1889, Código Civil, arts. 1902 y 1968 — Same one-year period; for injuries the clock runs from stabilisation of the injuries, not the crash date, under settled case law.).
Is Spain an at-fault or no-fault jurisdiction?
At-fault (tort). Shared-fault rule: Pure comparative negligence.
Who do I complain to about an insurer in Spain?
Dirección General de Seguros y Fondos de Pensiones (https://www.dgsfp.mineco.gob.es/es/Consumidor/Reclamaciones/Paginas/InformacionProcedimiento.aspx).
This guide explains how car insurance claims generally work. It is not legal advice, does not create a lawyer–client relationship, and is not a statement of any insurer's or regulator's position. Rules change and differ by jurisdiction; check the cited instrument and, where money or injury is at stake, consult a licensed professional in your jurisdiction.