Road traffic accident solicitors in Barcelona
At Ajuridic we stand by anyone injured in a road traffic accident throughout the whole claim: from the accident statement and the police report to the assessment of permanent sequelae and the negotiation with the insurer.
Carrer del Freser, 104 · El Clot (Sant Martí), 08026 Barcelona. We advise in Spanish, Catalan, English and Arabic (Arabic by prior appointment); Filipino on request, booking an appointment in advance.
What the firm handles in an accident compensation claim
After an accident three fronts open up at once: the medical one, the insurance one and the evidence one. At Ajuridic we take on the whole file so that the injured person can concentrate on getting better.
- Examination of the accident: the European accident statement, the vehicles involved and the policies in play, including your own.
- Requesting and critically reading the atestado (police report) drawn up by the Guardia Urbana, the Mossos d'Esquadra or the Guardia Civil.
- Determination of liability and, where appropriate, of contributory fault.
- Medical follow-up: A&E, imaging tests, physiotherapy, sick notes and fitness-to-work certificates, and specialist reports.
- Assessment of personal injury under the baremo de tráfico (the Spanish traffic injury compensation scale), with a medical expert when the permanent sequelae warrant it.
- Quantification of financial loss: expenses, damage to property and loss of earnings.
- Out-of-court claim and negotiation of the offer with the insurer.
- Claim before the Consorcio de Compensación de Seguros if the vehicle at fault is uninsured, stolen or not identified.
- Court claim and legal representation in the proceedings if the offer does not match the loss that has been evidenced.
- Coordination with the network of procuradores (court agents) and expert witnesses the firm works with.
The case is conducted by Noemí Ampurdanés Parés, a solicitor registered with the ICAB under no. 22359, with over 30 years in practice. You can see her personal profile of the firm's principal at noemiampurdanes.com.
How the claim is handled, step by step
No two files are identical, but an injury claim almost always follows this sequence. Knowing where you stand avoids rushed decisions.
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First appointment and assessment of the case
We go through the accident statement, the police report and the first medical reports, and explain frankly what can be claimed and what evidence there is.
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Opening the file with the insurer
The accident is notified and a claim is made in writing. That claim opens the negotiation and interrupts the limitation period.
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Follow-up until the injuries have stabilised
The assessment is not closed while the medical picture is still changing. Settling too early leaves out permanent sequelae that have not yet appeared.
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Assessment of the loss and comparison with the offer
Once you are discharged, the loss is quantified under the baremo (the statutory compensation scale) and compared point by point with the company's offer or reasoned response.
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Negotiation
A good proportion of cases are settled here. A settlement is only recommended if it covers what the documents evidence, and the final decision is the client's.
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Court proceedings
If there is no agreement, the claim form is prepared and the firm conducts the case through to judgment and, where necessary, its enforcement.
What it is worth gathering before the first appointment
The more complete the file is from the outset, the less room there is for argument later. You do not need to have everything: the firm requests the rest.
- The European accident statement or, failing that, the details of the other vehicle, its driver and its insurance company.
- The atestado (police report) or police record, if any police force attended.
- The A&E report and every later medical report, physiotherapy included.
- Sick notes and fitness-to-work certificates and proof of the earnings you have lost.
- Receipts for pharmacy costs, physiotherapy, travel and assistive equipment.
- Photographs of the scene, of the vehicles, of the damage and of any visible injuries.
- Contact details of eyewitnesses.
- Your own policy, in case it includes legal expenses cover or cover for passengers.
A practical note
The medical documents are what the compensation rests on. It is worth attending every appointment, following the treatment prescribed and asking for a copy of each report: unexplained gaps tend to be used against the person claiming.
Time limits and warnings worth knowing about
As a general rule, a claim for injuries suffered in a road traffic accident becomes time-barred after one year. The period does not run from the day of the accident but from the moment the final extent of the injuries is known, and a written claim addressed to the insurer interrupts it. Ongoing criminal proceedings also affect the calculation.
Before going to court the law requires a claim to be made to the company, which must reply with a reasoned offer if it accepts liability, or a reasoned response if it rejects it. That letter is the real starting point of the negotiation: it shows which heads of loss it accepts and which it disputes.
The amount is calculated under the baremo de tráfico (the Spanish traffic injury compensation scale) introduced by Ley 35/2015 (Spanish Act 35/2015), which distinguishes between basic personal loss, specific personal loss and financial loss, and whose figures are updated periodically. That is why no figure can be given without first seeing the medical reports.
Two warnings that come up again and again: signing a full and final settlement before being medically discharged can shut the door on claiming for later permanent sequelae, and describing the accident to the company without having read the police report tends to create inconsistencies that are hard to undo afterwards.
Please note
This page describes in general terms how the firm works and is not a substitute for legal advice. Time limits, liability and valuation depend on the circumstances of each accident and on the documents available, and no claim allows a result to be guaranteed. Do get in touch to find out what applies in your case.
Related practice areas and blog guides
An accident rarely stays within a single area of law. These are the firm's practice areas that overlap with it most often.
Civil liability
Claims for loss caused by third parties and against insurers, on the road and off it.
Go to the practice areaMedical negligence
Where the medical care given after the accident makes the injury worse, a claim is also brought on this basis.
Go to the practice areaLocal authority law and fines
Penalties and proceedings brought by Barcelona City Council, which are often started as a result of the accident itself.
Go to the practice areaFrequently asked questions about road traffic accidents
How long is there to claim after a road traffic accident?
As a general rule the claim becomes time-barred after one year, and that period does not run from the day of the accident but from the moment the final extent of the injuries is known. A written claim to the insurer interrupts the limitation period. The calculation depends on how the injuries develop medically and on whether criminal proceedings are open, so it is worth checking before giving anything up for lost.
Can you claim if the accident was partly the claimant's own fault?
Yes. Traffic legislation provides for contributory fault: if the injured person contributed to the accident, the compensation may be reduced proportionately, but it does not automatically disappear. The apportionment of liability is one of the points most often disputed with insurers and usually turns on the police report, the witnesses and the expert report.
What happens if the other vehicle was uninsured or drove off?
There is the Consorcio de Compensación de Seguros (the Spanish insurance compensation fund), which deals with accidents caused by uninsured, stolen or unidentified vehicles, within the situations and limits set by law. The procedure has requirements of its own: it is important to have reported the facts to the police and to keep all the evidence. At Ajuridic we handle these claims too.
Do you have to go to court to be paid compensation?
Not always. The law requires a claim to be made to the insurer first, and the insurer must reply with a reasoned offer if it accepts liability or a reasoned response if it rejects it; many cases are settled at that out-of-court stage. Court proceedings are brought when the offer does not match the loss that has been evidenced or when the company denies liability. The decision is always taken together with the client.
Can a passenger, a motorcyclist, a cyclist or a pedestrian who has been knocked down make a claim?
Yes. Being a passenger, a motorcyclist, a cyclist, an electric scooter user or a pedestrian is no bar to claiming; what changes is who is liable, under which insurance policy and what evidence is needed. In each case the vehicle and the policy that must cover the loss have to be identified.
Before you reply to the insurer
What determines the compensation, how much time is left and which papers are worth gathering. All free and with no sign-up.
How much am I entitled to after an accident?
What determines the compensation under the baremo: the days of loss, the score given to the permanent sequelae, loss of earnings, contributory fault and the insurer's offer.
See what the figure depends onTime limit checker
Eleven time limits covering fines, employment, damage claims and inheritance. Enter the start date and it shows the deadline for acting and how many days are left.
Check a time limitDocument checklist
The papers needed for an accident claim, tickable and printable, so you can bring them already checked to the first appointment.
Open the checklistTell us what happened
The sooner the evidence is put in order and the file opened, the better. The firm is at Carrer del Freser, 104, in El Clot, and advises clients in the city of Barcelona and the surrounding area and throughout Spain.