Compensation for road traffic accidents: what the injured party can claim

Who can claim compensation?

Anyone who has suffered personal injury or property damage as a result of a road traffic accident attributable, wholly or in part, to another person or entity may claim compensation. The usual course of action is to bring a direct claim against the insurer of the vehicle at fault.

If the injured party was driving another motor vehicle:

The injured driver may claim compensation where liability lies with the other vehicle. If both drivers contributed to the accident, the compensation may be reduced in proportion to their respective degrees of fault. Occupants or passengers are generally considered injured parties and may bring a claim against the liable insurer, even if they were travelling in the vehicle whose driver caused the accident.

If the injured party was riding a bicycle:

When a bicycle collides with a motor vehicle, the cyclist is protected as a non-motorised road user. In cases of personal injury, the law assumes liability based on the risk posed by the motor vehicle: its driver is only exempt from liability if they can prove the injured party’s sole fault or force majeure unrelated to driving.

If the cyclist also contributed to the outcome – for example, through a proven traffic offence or by failing to wear a mandatory piece of protective equipment correctly, thereby aggravating the injury – compensation may be reduced on the grounds of contributory negligence, subject to the applicable legal limit. Liability should not be taken for granted: the police report, witnesses, footage and reconstruction of the accident are decisive.

If the cyclist’s fall is due to a pothole, poorly signposted roadworks, the poor condition of the road, a fault with the bicycle, or the actions of another cyclist or pedestrian, the liable party and the procedure may differ. A claim may be made against the authority responsible for the road, the organiser of an event, the manufacturer, the repair shop, or the individual at fault.

What elements make up the compensation?

The Scale distinguishes between three main categories: temporary injuries, long-term sequelae and financial loss. Property damage may be added to these. The total compensation is calculated by adding up the relevant, substantiated items, rather than applying a single rate per injury.

1. Temporary injuries: the recovery period:

Compensation is awarded for the period between the accident and the recovery from, or stabilisation of, the injuries. Each day is classified according to the extent to which the injury limits normal daily life, and not solely on the basis of whether or not the injured party is on sick leave.

Furthermore, each surgical procedure may give rise to additional financial compensation, depending on its characteristics, complexity and the technique used.

Important: Sick leave does not automatically mean that every day constitutes moderate impairment, nor does the absence of sick leave prevent a claim from being made. What matters is the temporary loss of quality of life and how this is substantiated through the injured person’s medical history and personal circumstances.

2. Permanent sequelae:

These are the physical, psychological, organic, sensory or aesthetic limitations that remain once the healing process is complete. The medical scale assigns a range of points to each sequela; its financial valuation depends on the total number of points and the injured person’s age.

1. Functional sequelae: persistent pain, limited mobility, loss of strength, neurological impairments or psychological disorders, amongst others.
2. Cosmetic impairment: scars, asymmetries, deformities or other visible alterations. This is assessed separately from functional impairment.
3. Loss of quality of life: where the sequelae prevent or limit essential activities—whether work-related, sporting, family-related or leisure-related—that are of particular importance to the individual.
4. Complementary non-pecuniary damages and future needs: in the case of serious injuries, these may include assistive devices, home or vehicle adaptations, future rehabilitation, prostheses and assistance from a third party.

The after-effects must be documented in a conclusive medical report. In cases of minor whiplash or spinal injuries, establishing a causal link requires particularly careful assessment; medical treatment or the documented onset of symptoms within the first seventy-two hours is of particular relevance.

3. Expenses and financial losses:

The claim may include financial loss:

1. Costs of healthcare, rehabilitation, physiotherapy, medication, orthopaedic aids and medically necessary treatments.

2. Travel costs related to healthcare and other reasonable expenses incurred as a result of the injury.

3. Assistance from third parties, care, adaptations and assistive devices, where necessary.

4. Temporary loss of earnings: loss or reduction in net income during the recovery process.

5. Future loss of earnings: loss of earning capacity or permanent reduction in income where the after-effects affect the injured party’s work or professional activity.

6. Property damage

Claims may also be made for damage to a car, motorbike or bicycle, as well as to items affected by the accident: helmet, technical clothing, glasses, mobile phone, child seat or other personal effects. It is advisable to keep these items until they have been assessed by an expert, to photograph them and to provide an invoice, repair estimate or proof of their value and age.

In the case of a bicycle, the claim may cover the cost of repairs or, if this is not feasible or is uneconomical, the value corresponding to its condition and characteristics prior to the accident. Property damage is assessed separately from personal injury.

Step-by-step guide to making a claim:

1. Secure evidence of the accident. Complete the accident report form if possible; request police involvement where there are injuries or a dispute; and keep details of witnesses, photographs, videos and the exact location.
2. Seek medical attention and report all symptoms. In cases of minor spinal trauma, receiving treatment or the onset of symptoms within the first 48 hours is particularly relevant to establishing a causal link.
3. Follow the prescribed treatment. Keep records of A&E visits, diagnostic tests, sick leave and discharge reports, rehabilitation records and any documents relating to your recovery.
4. Keep all financial receipts. This includes healthcare costs, pharmacy expenses, transport costs, domestic help, damage to property and documents proving loss of earnings.
5. Submit a preliminary claim to the insurer. You must identify the claimants, explain the accident, identify the vehicles and drivers if known, and attach any available information. It is not necessary to quantify the claim from the outset.
6. Review the offer in light of the final medical documentation. Before accepting, check that it includes all items, the expert’s report and a breakdown that allows you to understand the calculation.

The insurer’s reasoned offer:

From the moment it receives the claim, the insurer has three months to submit a reasoned offer if liability and the quantification of the damage have been established. If it is unable to make an offer – for example, because the injured party is still recovering – it must issue a reasoned response. Where the recovery process is prolonged, this response must include interim payments for damages already established and regular updates on the status of the claim.

The offer must distinguish between personal injury and property damage, detail the documents and reports used, and include the final medical expert’s report. Payment must not be made conditional upon the injured party waiving future claims if the amount is less than what they are legally entitled to. If there is a disagreement, supplementary expert reports may be requested. Following the offer or response, an attempt may be made to reach an out-of-court settlement or legal proceedings may be initiated.

What is the time limit for making a claim?

A direct claim against the insurer is time-barred after one year. In personal injury cases, the limitation period usually begins when the full extent of the injuries can be ascertained, normally upon recovery or stabilisation and final medical discharge. However, it is advisable to report the accident and submit a preliminary claim as soon as possible: the claim interrupts the limitation period and, from the date of certified notification of the offer or reasoned response, a new one-year period begins.

Do not wait until the last minute. The start and interruption of the limitation period depend on the circumstances and documentation of each case. A late or inadequately substantiated claim may jeopardise your right to compensation.

What happens if the vehicle is uninsured or the driver flees the scene?

The Insurance Compensation Consortium may cover compensation in various circumstances, including certain accidents caused by unknown or uninsured vehicles. Cover for property damage in accidents involving an unknown vehicle is subject to specific conditions; it is therefore essential to report the incident, obtain the police report and retain all available evidence. Frequently Asked Questions

Is the insurer’s first offer final?

No. It can be accepted, rejected or contested. Before making a decision, you should check that the medical assessment is correct and that any long-term effects, cosmetic damage, expenses and loss of earnings have been included. Payment of an offer cannot be conditional upon a general waiver of the right to claim any difference that may be due. Can I make a claim even if I was not on sick leave?

Yes. Temporary injury is assessed on the basis of the recovery process and the loss of quality of life. Sick leave is relevant evidence, but it is not the only criterion.

When is the best time to assess long-term effects?

Once the injuries have stabilised and treatment has been completed. Closing the case too early may overlook limitations that have not yet become permanent.

Conclusions:

The compensation awarded to the injured party must fully remedy the personal and financial harm caused by the accident. To calculate it correctly, it is necessary to analyse liability, classify the recovery period, assess functional and aesthetic after-effects, quantify expenses and loss of income, and document material damage.

A well-prepared claim does not simply involve using a generic calculator. It requires linking each item to medical reports, financial evidence and the specific circumstances of the accident.

Have you been involved in a road traffic accident in Mallorca?

At Bellver Legal, we analyse liability, review the medical assessment and claim all applicable items from the insurer. Contact our team before accepting an offer or allowing the time limit to expire.

Important notice: The information in this article is general in nature, was last updated on 26 August 2026 and does not replace individual legal advice. Regulations and amounts are subject to change. Official sources

• Consolidated text of the Law on Civil Liability and Motor Vehicle Insurance (RDL 8/2004, consolidated text).

• Law 5/2025 of 24 July reforming the regulations on civil liability and motor insurance

• Resolution of 3 February 2026 on the annual update of compensation amounts

• Official 2026 compensation tables from the Directorate-General for Insurance and Pension Funds