A Complete Guide to Laws for Car Accidents in Spain

Living and Working in Spain Travel and Sport Car Insurance

October 23, 2025

Navigating life as an expat in another country can present a whole web of intricacies…add to that the unfortunate experience of a car accident, and you’re adding a whole other layer of complication and stress, especially if you’re unfamiliar with the local laws. In Spain, traffic regulations and insurance requirements are strict, and knowing your rights and obligations can save you time, money, and potential legal trouble.

This guide will walk you through everything you need to know about laws for car accidents in Spain, including what to do immediately after a collision, how liability is determined, and the legal and financial consequences of driving without insurance. As an expat behind the wheel in Spain, this car accident guide will help you handle accidents with confidence and clarity.

Guide to Car Accident Laws in Spain

Know Your Legal Duties After a Car Accident in Spain

There is a clearly defined procedure for anyone involved in a car accident in Spain. Knowing this process will help you avoid unwanted risk during the claims or legal proceedings later:

Stop: You must stop immediately and not leave the accident (otherwise this could be construed as fleeing the scene of the crime, like a hit-and-run).
Secure: Next, you’ll need to use mandatory equipment in your vehicle to secure the area: turn on your hazard lights, put on a reflective vest, and place warning triangles near your vehicle.
Assist: Finally, if anyone is injured you have a legal obligation to call the emergency phone line at 112 and assist injured people to the best of your ability. This usually involves simply keeping the scene safe until help arrives or basic first aid. You should not try to move injured people from the accident unless it is absolutely necessary (a car fire, for example), as this can often do more harm than good to their injuries.

Submit the Appropriate Car Accident Documents and Reports

As you already know as an expat in Spain, paperwork is a big part of living abroad. The same goes for car accidents. After a car accident, you’re required to do a lot of paperwork, such as:

Document the Accident: Take photos of the vehicles, license plates, damages, road, and traffic signs. This will be useful during the claims process and any legal proceedings.
Exchange Contact Details: With the other involved parties you need to get their name, address, phone number, driver’s license number, car registration and insurance details.
Amicable Accident Report (Parte Amistoso de Accidente): If only material damage is involved and both parties agree, drivers complete and sign this standardized European accident form for insurance.
Police Report: Required if there are injuries, disagreement about responsibility, or if one party refuses to cooperate. You can call the policía local or Guardia Civil de Tráfico.
Notification to Insurance: Both parties must report the accident to their insurer within 7 calendar days (per the Spanish Insurance Contract Act). Send them the accident statement or police report. Even if the other driver refuses to cooperate, still report everything to your insurer.

a boy and a girl in a car while the boy is driving

Legal Consequences for Car Accidents in Spain

In any car accident, the law will determine who is at fault and who is to be provided compensation. Your insurance will handle compensation and claims (or Spain’s Consorcio de Compensación de Seguros if anyone is uninsured).

No matter your intention, being involved in a car accident in Spain often involves certain legal consequences or even punishment, including:

Fines (Multas): Given for minor accidents or administrative violations (€100 to €600), driving without insurance (€600–€3,000), or speeding or illegal traffic maneuvers.
License Points Deduction or Suspension: Spain uses a points-based driving license system. Causing an accident due to negligence or violation can lead to points deduction (up to 6 points in severe cases).Serious offenses (drunk driving, reckless driving) may result in license suspension from 1 month to several years.
Criminal Liability: Criminal proceedings can be triggered for circumstances including reckless or negligent driving, hit-and-run, or causing injury or death. For more severe cases, a prison sentence is possible.
Civil Liability: The at-fault driver (usually via their car insurance company) compensates victims for material damage of the vehicle or property, medical expenses, and lost income or other economic losses due to the accident. If uninsured, the driver may have to pay personally, or the Consorcio de Compensación de Seguros (CCS) may cover it temporarily and later reclaim the amount.

Common Car Accidents with Legal Consequences in Spain

Not every accident has to be as obvious or intense as a hit-and-run.

Driving under the influence of alcohol or drugs: There are strict limits for consuming alcohol while driving, and the limits are even stricter for new drivers or professional drivers. Drugs are wholly prohibited while driving. Driving under the influence is a serious offense with fines, license suspension, and possible prison.
Speeding: Excessive speed at the time of an accident can increase liability.
Driving without insurance: Getting behind the wheel in Spain without any insurance coverage is Illegal and heavily fined. All vehicles must carry at least third-party liability insurance (“seguro obligatorio”), which covers injury or damage caused to others. If you are caught driving without insurance, you could face penalties like fines, vehicle seizure, or a ban from circulation.

a road with cars of different colours and models driving along it

Car Insurance Policies in Spain

As stated in the previous point, driving without car insurance in Spain is illegal, thus you must contract one of the following types of car insurance, such as these offered by Caser Expat Insurance:

Basic Third-Party Car Insurance: The legal minimum car insurance to drive your car safely.
Third-Party with Windscreen Cover: Car insurance that includes special cover for windscreen damage. It’s Caser’s best-selling third-party car insurance policy.
Extended Third-Party Car Insurance: Third-party insurance cover with full assistance.
Comprehensive Car Insurance: Full coverage car insurance for peace of mind and maximum protection.
Add-on: Autohelp Accident Detection: This add-on cover to any policy helps you automatically detect the accident and send you an ambulance without you having to call it. Learn more about Caser Autohelp.

Understanding the laws on car accidents in Spain is essential for every driver, and expats are not exempt from knowing and following the law. By doing so, you’ll ensure compliance in legal and insurance settings, and you’ll protect your rights and the rights of others involved. Now that you’ve read our guide, you’ll be able to handle any car accident in Spain confidently and responsibly.

If you are searching for car insurance in Spain, Caser Expat Insurance has the right policy for you!

A complete Guide to laws for car accidents in Spain

If you cause an accident without insurance, you may face severe legal and financial consequences. These can include heavy fines, points on your driving license, possible vehicle impoundment, and personal liability for all damages caused, which can be very costly. In some cases, repeated violations could even result in criminal charges.

Not necessarily. Minor accidents that only involve property damage between the drivers can often be handled through insurance claims without involving the police. However, accidents involving injury, death, or significant property damage must be reported to the police. Reporting ensures proper documentation and may be required for insurance purposes.