For those so unfortunate as to suffer the death of a family member in a road accident, the highest amount payable is to a child under the age of 18 who loses their sole parent.  In that case the basic compensation payable is €158,514.32 plus a supplement to take account of the age of the child of €44,031.76 making a total of €202,546.08.  If more than one child has been orphaned by the accident the compensation is increased by €44,031.76 for each additional child, and the total amount is shared between all the children.

Basic compensation for a child under the age of 18 of divorced or legally separated parents 18 is reduced to €123,288.92 which reflects the shared responsibility of the surviving but absent parent, and there is a further reduction of the basic compensation to €105,676.22 if the parent who was killed in the accident was living with their partner.

Fortunately it is only a minority of who suffer devastating injuries or death in a road accident.   In other cases compensation is payable on a scale depending on the degree of injury, and whether there is any permanent disability resulting directly from the accident. 

There is also a daily rate of compensation for days spent in hospital or officially registered as off sick, referred to as being given “baja”, as a result of the accident.  For each day spent in hospital the sum of €66.00 per day is payable.  For each day spent convalescing out of hospital €53.66 is payable if you are unable to look after yourself, or €28.80 if you are simply recuperating at home.

If you are an accident victim and choose to use a private hospital or specialist for treatment, perhaps because you do not speak Spanish, you are not entitled to any additional payments.

If you have been in an accident and want to claim compensation for your injuries it is vital that you obtain a written medical report or “informe” from the hospital where you are treated, and from any doctor who treats you at their surgery.   In the more serious cases you should expect to have to undergo an examination by a doctor appointed by the insurance company for the insured from whom you are claiming compensation.  

Needless to say, insurance companies prefer the system of compensation on a fixed scale set by law to the anglo-saxon system of litigation as it reduces their costs and discourages litigation.

If you have been involved in an accident it is essential that you take proper qualified legal advice at the earliest opportunity so that you recover as much as you can under this restrictive system.  Your adviser may also be able to recommend insurance schemes that can supplement the compensation fixed by law.