Odice Lawyers

Road traffic accident: how should I act?


If you are an experienced driver, you may have been involved in a major or minor accident.

Given this real, certain and probable possibility, today we would like to share with you a small guide with the steps you should follow if you are the victim of a traffic accident. 

Steps to take if you have a traffic accident:

Here is what to do, step by step, both at the time of the accident and afterwards. Following these steps is very important because in this way we will be able to ensure compensation for the damages caused.

Notify the police and emergency services if necessary.

The first thing is to try not to lose your temper. An accident is a situation that generates anxiety in any person. We cannot avoid it, but we can try to control it. If it is not possible to sign an amicable report between the vehicles involved, we will call the traffic police so that they can come to the scene and report what has happened:

  • Taking note of the details of drivers, passengers and vehicles involved.
  • It shall take images of damage and braking tracks, if any.
  • Performing breathalyser and toxicity tests.
  • Analysing the circumstances of the road and the weather.
  • Taking statements from those involved and witnesses.
  • Verifying the mechanics and manner in which the accident occurred.

The result of all this is a police statement which is an official document that is presumed to be true for the purposes of establishing liability. 

Gathering evidence of the accident and the causes of the accident

Closely related to the above is the fact that calling the police means having very reliable evidence of what happened and how it happened. If we do not call the police, we will have to take photos of the damage, take the number plates of the other vehicles and the details of possible witnesses.

Going to hospital

It is always important to receive initial medical assistance after a traffic accident, even if you think you are not injured. It is important to bear in mind that there are injuries that can appear hours after the accident.

It is also important to have a medical report of injuries in order to be able to prove their existence and to be able to claim these damages.

Inform the insurer

In Spain, car insurance is compulsory. When we have any accident, it is obligatory to report it to the insurance company. The insurance company will take care of any compensation that may be due.

Legal defence in traffic accidents

Whether or not we are the vehicle at fault for the accident, we will need legal assistance and legal representation to either obtain fair compensation or to avoid assuming more liability than is appropriate. The following questions often arise in this regard.

traffic accident

Do I need a lawyer if I have been injured in an accident?

It is not compulsory by law, but it is advisable if we want to avoid not receiving compensation from the insurance company or if we want to avoid it falling short. However, it should be noted that, if we want to go to court to claim compensation or a higher amount than that offered by the insurance company, we will need to be assisted by a lawyer and solicitor if the claim exceeds 2000 euros.

Do I have to accept the lawyer offered by the insurance company?

We are not obliged to accept the lawyer offered by the insurance company, which will be imposed on you by your company, you will not be able to choose it. If you decide to hire a private lawyer, you can of course choose the most professional and trustworthy of the many lawyers available on the market. 

If you decide to have your claim handled by the insurance lawyer, it will be completely free of charge thanks to the legal coverage established in the policy and all expenses will be included. However, you must realise that this lawyer who will defend your interests will be paid by the insurance company, so in reality your client will not be you but the insurance company itself, which could lead to a loss of interest in claiming your rights, as it must be taken into account that the work of the company's lawyer will always be directed by the insurance company itself and the lawyer will not have the freedom of decision that a lawyer of his own choice would have.

Lawyers specialised in traffic accidents in Malaga

At Ódice Abogados, a law firm specialising in traffic accidents in Malaga, we study each case individually with total transparency and rigour in order to assert your rights.

Our aim is that you receive fair compensation based on the damage caused and always, trying to reduce the time of the process as much as possible.

If you have any questions or would like to request information about our services, contact us.


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