★ statute of limitations
1 year from injury or final medical stabilisation
Civil Code art. 1968(2); Baremo art. 7
Limitation is one of the shortest in Europe. Time runs from the date of injury or, in Baremo cases, from the date of final medical stabilisation.
★ fault allocation
Comparative, proportional reduction
Courts reduce damages in proportion to claimant fault. Strict liability for motor vehicles applies under Article 1 of Law 35/2015.
★ Spain · whiplash · researched 2026-09-30
Whiplash in Spain: what decides the claim.
The rules and figures that decide a whiplash claim in Spain, each traced to its source.
Spain values traffic injuries with a statutory scale, the baremo, whose amounts are updated every year. Whiplash has its own rule: a minor cervical injury diagnosed from the injured person’s report of pain, which tests cannot confirm, is compensated as a temporary injury only if four causation tests are met, and any lasting after-effect needs a conclusive medical report.
| Minor cervical injuries | Compensated as temporary injuries if no other cause fully explains them, symptoms appear in a medically explicable time (especially within 72 hours, or medical attention in that period), the injury matches the area affected, and it fits the intensity of the accident.RDL 8/2004, art. 135.1 |
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| Lasting after-effects | A permanent after-effect of a minor cervical injury is compensated only if a conclusive medical report proves it after the temporary injury period.RDL 8/2004, art. 135.2 |
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| Temporary injury, per day (2026) | Basic damage €39.20 a day; with loss of quality of life, €67.96 (moderate), €98.02 (serious, such as a hospital stay) or €130.69 (very serious, such as intensive care).DGSFP 2026 tables, Tables 3.A and 3.B |
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| Claim against the insurer | You can claim directly against the at fault driver’s insurer; the direct action prescribes in one year, and you must first send the insurer a claim, which it must answer with a reasoned offer within three months if it accepts liability.RDL 8/2004, art. 7 |
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| Amounts for 2026 | All baremo amounts rise automatically each 1 January by the previous year’s consumer price index; for 2026 the increase is 2.9%.RDL 8/2004, art. 49.1; DGSFP Resolution of 3 February 2026 |
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- 1
See a doctor within 72 hours of the accident; the timing test carries special weight.
- 2
Keep a record of every day of treatment; temporary injury is paid per day.
- 3
Ask for a conclusive medical report if symptoms remain after treatment ends.
★ editorial note
Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in Spain. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.
