What should you do if you’re involved in an accident with a foreign vehicle?

Being involved in a road traffic accident is already a complicated process and situation, but if the vehicle is registered abroad, that is when doubts begin to arise about how to proceed and who to claim against. Having a lawyer who specialises in this area can help you avoid mistakes and ensure your claim is handled correctly.

All of this is regulated by Royal Legislative Decree 8/2004, which establishes civil liability in relation to the use of motor vehicles and the compulsory insurance system, also applied at European level.

- What should you do at the time of the accident?

It is essential to always remain calm, act quickly and gather as much information as possible:

- Vehicle registration number and country of origin.

- Driver’s details.

- The insurance company with which they are insured.

- A completed European accident report form.

- Include photographs of the damage caused by the accident.

You should always call the police to have an accident report drawn up and to avoid unpleasant surprises.

- Who handles the claim?

Within each European Union country, every insurance company has a representative, and your insurer is responsible for contacting the foreign company’s representative in Spain, who will then handle the claim.

- Claims procedure

Below, we outline the steps to follow:

- Report the accident to your insurer.

- Provide the accident report form or, if no agreement has been reached, a police report.

- Identify the foreign insurer.

- Contact the foreign insurer’s representative in Spain.

- Wait for the accident claim to be settled.

There are times when you cannot identify the insurer of the foreign vehicle or the resolution takes a long time to reach you. In such cases, you can turn to organisations such as OFESAUTO (Spanish Motor Insurers’ Bureau), which helps identify the company, or the Insurance Compensation Consortium, which guarantees compensation if no one takes responsibility or there is no insurance.

- Requesting the police report.

The police report can be requested from the local police or the Civil Guard, as appropriate. To do this, you must provide the details of the accident and the identification of those involved.

These types of procedures are not straightforward from a legal point of view, but having a specialist solicitor from the outset could prevent mistakes and facilitate the process to ensure a successful claim.