How To Deal With A Road Traffic Accident In Spain

There's no escaping the fact that at some point in our lives, the vast majority of us will be involved in a road traffic accident of some sort. Whether it’s a minor prang or, god forbid, something more serious, it's important to know how to act during what can be quite a stressful situation.

One of the most important things to do is to stay calm. This is obviously easier said than done in the heat of the moment, but if you can, it will make a big difference.

Before we get into the process of what you should do after an accident, it's equally important to mention the things that you are legally required to carry with you when driving in Spain.

What You Must Carry in Your Vehicle

In Spain, it is the law that you must have certain items in your vehicle if you are driving on Spanish roads. This includes legal documentation as well as other important safety items.

The following list includes both compulsory and recommended items:

• Driving licence (Carnet de Conducir)
• Car registration document or rental contract (Permiso de Circulación)
• ITV documentation (Ficha Técnica)
• Insurance policy document
• European Accident Agreement Form (in Spanish "Parte de Declaración Amistosa de Accidentes")
• Spare pair of glasses if worn by the driver
• High visibility jackets for all passengers
• Two warning triangles or a V16 emergency beacon (mandatory from Jan 2026 under Real Decreto 159/2021)
• Child seats – required for children under 135 cm or 12 years. Children under this threshold may not sit in the front seat. A fine of €200 applies.
• First-aid kit (Recommended)
• Fire extinguisher (Recommended)
• Spare bulbs (Recommended)
• Drinking water (Recommended)

** You may carry photocopies of documents instead of the originals, but they must be officially stamped and certified by a notary.

More info here: Things You Must Carry In Your Car By Law.

In the Event of an Accident

We hope you never have to use this information — but if you’re involved in a road traffic accident in Spain, here’s what to do:

Step 1: Ensure Safety First

Put on your reflective jacket immediately. Passengers must also wear theirs if they exit the vehicle. Get everyone to a safe position — ideally behind a crash barrier or on the pavement.

If anyone is injured, call emergency services on 112. Provide the location, number of people involved, and injuries sustained. Do not move injured passengers unless there's immediate danger (fire, risk of explosion, etc.).

Step 2: Secure the Vehicle and Warn Others

If the car is disabled and remains on the road, use hazard lights and place warning triangles or a V16 beacon:

• On normal roads: 3 metres front and back
• On motorways: 50 metres behind, visible from at least 100 metres

If the car can move, pull over to a safe spot. Turn off the engine.

Step 3: Call the Police if Necessary

You must call the police on 112 if:

• There are injuries
• You cannot reach an agreement with the other driver
• There's serious property damage
• One party refuses to provide ID or insurance

The police will draft an Atestado Policial — an official police report that may be required by insurers.

Step 4: Exchange Details and Document the Scene

Get the following information from the other driver(s):

• Full name and DNI/NIE/passport number
• Licence plate and car make/model
• Insurance provider and policy number
• Driver’s licence number

Take photos of the scene, damage, position of vehicles, road signs, and injuries if visible. Also collect contact details of any witnesses.

Step 5: Fill Out the European Accident Statement Form

This bilingual form (Declaración Amistosa de Accidente) should be filled in by both drivers. Use block capitals and tick boxes accurately. You will each receive a carbon copy.

Do not admit fault or speculate on liability. Stick to facts. If the other party refuses to fill it in, complete your side and notify your insurer anyway.

Step 6: Notify Your Insurance Company

You have 5 to 7 days to notify your insurance provider. Failure to do so can invalidate your claim.

If your car is immobilised, most Spanish policies include roadside assistance. A grúa (tow truck) will take your vehicle to a garage or your residence.

Step 7: Legal Follow-up or Compensation

If the accident was not your fault and you want to pursue compensation, your lawyer must file a formal complaint within 6 months. Civil action (e.g. for personal injury or loss) must be initiated within one year.

In many cases, compensation can be negotiated between your lawyer and the insurer without a court process.

Important Notes for Tourists and Non-Residents

If you're visiting Spain and driving a rental car, follow the same process above. However, you must also call your rental agency immediately and provide them with the police case number and a copy of the accident form.

If you’re a tourist or temporary resident, make sure you have the accident form in English/Spanish. Most insurers provide this — ask in advance.

If you’re not sure whether your licence is valid in Spain, check this guide: Which Tourists Need an International Driving Permit to Drive in Spain?

And for licence swaps: How To Exchange Your Driving Licence In Spain

Also read: How To Pay A Traffic Fine in Spain

Health Cover That Includes Traffic Accident Protection

If you’re living or driving in Spain, make sure your health insurance covers traffic-related injuries. Many public systems won’t cover you without proof of fault or liability.

Sanitas Top Quantum offers accident protection, hospital care, and bilingual assistance — making it ideal for expats, digital nomads, and drivers across Spain.