The first minutes after a traffic accident are the most important for protecting both your health and your right to claim compensation. Many victims make mistakes at that moment — not through carelessness, but through shock — which later complicate or significantly reduce the compensation they are entitled to.

This guide is written for anyone who has been involved in a traffic accident in Girona and wants to know exactly what to do, in what order, and why.

What to do at the scene (first 30 minutes)

1. Call 112 if there are injuries
Even if you believe the injuries are minor, activate emergency services. Whiplash pain, for example, may not appear until hours after the accident. Having an official record of the accident through the emergency services is essential for any subsequent claim.

2. Signal the vehicle correctly
Put on your reflective vest before getting out of the vehicle and place the warning triangles. Do not put yourself or other road users at risk.

3. Do not move the vehicles until police arrive
If the local police or Guardia Civil Traffic officers attend, they will produce an official report documenting the position of the vehicles, visible damage and the circumstances of the accident. This document carries fundamental evidential weight.

4. Document everything with photos and video
Photograph the vehicles from multiple angles, their position on the road, road signs in the area, any visible injuries to those involved, and any marks on the road surface (skid marks, broken glass, debris). Record video if possible.

5. Collect details from everyone involved
Full name, ID document or passport number, vehicle registration, insurance company and policy number. Also note down the details of any witnesses — their statement can be decisive.

6. The accident report form: be careful what you sign
The European Accident Statement (Declaración Amistosa de Accidente) can simplify the process with the insurer, but you should only sign it if you are completely certain about the facts it records. If you have any doubts about liability or the full circumstances of the accident, it is better not to sign it at that moment.

What you must not do:

Do not admit fault or make any statement about who was responsible.
Do not sign any document presented by the other driver's insurer at the scene.
Do not accept any compensation offer on the spot without first consulting a lawyer.

The first 48 hours

Go to A&E even if you feel no pain
Whiplash, internal bruising and other injuries common in traffic accidents may not produce immediate symptoms. Attending A&E creates an official medical record of your condition in the hours following the accident. If you wait several days and pain appears later, the insurer may dispute the connection to the accident.

Keep all medical documentation
A&E reports, diagnoses, prescriptions, medication receipts, sick leave certificates and receipts for physiotherapy or rehabilitation sessions. Everything contributes to calculating your compensation.

Notify your own insurance company
You are legally required to report the accident within a reasonable timeframe. Do so in writing and without making any judgement about liability — stick to the facts.

Note down witness details if you did not do so at the scene
If you recall seeing someone at the accident who may have witnessed it, try to identify them or at least note any detail you can remember.

How to claim traffic accident compensation in Girona

Time limit for claiming
The general time limit is one year from the date of the accident or from the date of definitive medical discharge. Do not leave it to the last moment: gathering documentation, analysing the case and filing the claim correctly all take time.

How the process works
The claim is directed at the insurer of the vehicle at fault. The insurer is legally required to make a reasoned offer within a maximum of three months of the claim being filed. If they reject the claim or fail to respond within the deadline, court proceedings can be initiated.

The 2026 Traffic Scale
Traffic accident compensation in Spain is calculated using the Traffic Scale (Baremo de Tráfico), a legally regulated system that establishes compensation amounts based on the type and severity of injuries, days off work, permanent after-effects and emotional suffering. The scale is updated annually in line with the CPI.

What you can claim:

Days of temporary incapacity (hospitalisation, total and partial disability)
Permanent after-effects (scored according to severity)
Emotional suffering and aesthetic damage
Vehicle damage (repair costs or market value if written off)
Medical and rehabilitation expenses not covered by the national health system
Loss of earnings during the recovery period

What if the at-fault driver is uninsured or flees the scene?

In these cases, the claim is directed at the Insurance Compensation Consortium (Consorcio de Compensación de Seguros), a public body that covers compensation when the responsible vehicle is uninsured, unidentified or has fled. The process is similar to a standard claim, though with specific deadlines and requirements.

Special cases in the Girona area

The road network in the province of Girona has particular characteristics worth knowing about:

Accidents on the N-II, C-65 and AP-7
These are the roads with the highest accident rates in the area. Accidents on interurban roads typically involve higher speeds and more serious damage. The police report is especially important in these cases.

Pedestrian accidents in Girona city centre
Pedestrian accidents at junctions and cycle lanes are more frequent than they appear. Pedestrians and cyclists always have the right to claim compensation, regardless of the circumstances.

Bicycle and e-scooter accidents
Regulations have evolved and bicycle and e-scooter users have recognised compensation rights. Even if the responsible vehicle only carries minimum insurance, personal injury is covered.

Tourist and foreign drivers
Girona receives a significant number of tourists, particularly in summer. If the at-fault driver is a foreign national or driving a vehicle registered outside Spain, the claims process has specific features (inter-insurer conventions, different deadlines, need to identify the Spanish correspondent insurer).

Why you need a traffic accident lawyer in Girona

The at-fault driver's insurer has its own legal teams working to minimise your compensation from day one. Their internal valuation systems consistently undervalue after-effects and days off work.

A specialist traffic accident lawyer in Girona knows the compensation scale, understands how to document after-effects correctly, how to challenge the insurer's medical assessments, and when it is worth going to court rather than accepting the offer.

At Sánchez Ruiz Abogados we work on a no win, no fee basis for traffic accidents. Contact us so we can assess your case.

Frequently asked questions

How long do I have to claim after a traffic accident in Girona?
One year from the accident or from definitive medical discharge. If criminal proceedings are under way, the deadline may differ.

Can I claim if I was a passenger or pedestrian?
Yes. Passengers and pedestrians always have the right to claim compensation, except in very exceptional cases of the victim's exclusive fault.

Do I need to go to court to receive compensation?
Not necessarily. Most cases are resolved through an out-of-court settlement with the insurer. Court proceedings are the last resort when the offer made is clearly insufficient.

How long does the case take to resolve?
Between 3 and 9 months for cases without serious after-effects. In cases involving significant permanent after-effects or disputed liability, the process may take longer if court proceedings are necessary.

Traffic Accident in Girona: What to Do and How to Claim Compensation