How long does it take to receive compensation for a traffic accident?

As a general rule, if the incident is clear and the injuries are minor, payment can occur between 3 and 6 months from the formal claim to the insurer. In cases of moderate or severe injuries, or when there are medical discrepancies, the process may extend from 6 to 18 months. If it is necessary to go to court, in Murcia it is common for the matter to be resolved in an additional 12 to 24 months, depending on the workload of the courts.

The key timing depends on: the speed of medical discharge or injury stabilization, the quality of medical documentation, the existence of a report, the efficiency of expert assessment, and the willingness of the insurer to reach an agreement.

Legal deadlines that set the payment schedule

• Notification of the incident: 7 days from when it occurred, to the insurer (art. 16 of the *Ley de Contrato de Seguro* (Insurance Contract Law), LCS).
• Minimum payment in 40 days: from the declaration of the incident, the insurer must pay the minimum amount that may be owed (art. 18 LCS).
• Motivated offer within 3 months: from when the insurer receives the claim from the injured party with the basic documentation, it must send a motivated compensation offer and accompany it with payment or deposit (art. 7 *LRCSCVM*; *Baremo* system *Ley 35/2015*).
• Late payment interest: if the insurer fails to meet the deadlines, late payment interest accrues as per art. 20 LCS (legal interest + 50% annually; after 2 years from the incident, 20% annually).

Important: the counting of the 3 months for the motivated offer does not start on the day of the accident, but when the insurer receives the prior claim with sufficient documentation (medical reports, report if available, expense receipts, etc.).

Phases of collection and indicative times

• Medical assistance and initial documentation (0-30 days): see a doctor as soon as possible, ideally within 24-72 hours. Keep emergency and sick leave reports.
• Injury stabilization and discharge (variable): the *Baremo* requires assessing days of detriment (basic, moderate, severe, very severe) and sequelae after discharge or stabilization.
• Prior claim to the insurer (1-2 weeks to prepare): sending the claim with documentation. From here, the 3 months for the motivated offer begin to run.
• Motivated offer and negotiation (up to 3 months): the insurer must offer and pay/deposit the amount offered. They may request a medical assessment. It is common to reach agreements in this phase if the expert assessment is clear.
• Payment: if you accept the offer, payment is usually made within 5-15 working days after acceptance.
• Court route (if there is no agreement): filing a lawsuit. In Murcia, the scheduling may take 6 to 18 months depending on the amount and court agenda; add 1-3 months for a judgment and other deadlines for payment execution if there is no voluntary compliance.

Common scenarios and how long they take

• Minor injuries without sequelae (e.g., whiplash with discharge in weeks): 2-4 months from discharge to claim after a motivated offer.
• Injuries with moderate sequelae (rehabilitation for months, assessable sequelae): 4-8 months after discharge, depending on expert assessment and negotiation.
• Severe injuries (hospitalisation, surgery, disabilities): 8-18 months or more; usually requires multidisciplinary expert assessment and complex negotiation, or trial.
• With litigation: an additional 12-24 months from the claim, depending on the Court in Murcia and the expert evidence.

Can I claim before medical discharge?

Yes. The insurer must make interim payments: within 40 days, they must pay a minimum amount of what may be owed. Additionally, medical, pharmaceutical, travel expenses, and loss of income can be claimed and justified in advance. It is common to agree on partial payments during treatment, especially for long-term injuries.

What speeds up and what delays the claim

• Speeds up: early medical reports (24-72 hours), clear accident report/friendly report, independent expert report, complete documentation, support from medical and economic experts.
• Delays: late discharge or unstable sequelae, lack of documentation, medical discrepancies, challenge of causality, concurrent faults, insurance companies with restrictive policies.

Late payment interest if the insurer delays

If 3 months pass from the prior claim without a motivated offer or the minimum payment of 40 days is not met, late payment interest accrues under art. 20 *LCS* (*Law on the Regulation of Insurance Contracts*): legal interest on money increased by 50% annually and, if 2 years pass since the incident, by 20% annually. In court, a substantial estimate usually results in a costs order against the insurer.

Practical tips for claiming sooner

• Go to emergency services immediately after the incident and keep all reports.
• Notify your insurer within 7 days and request a file number.
• Request your complete medical history and consider an independent expert report.
• Claim in writing to the opposing insurer attaching all documentation (this triggers the 3-month deadline).
• Negotiate supported by the updated Scale (*Ley 35/2015* - *Law 35/2015*) and expert reports.
• If there is no adequate offer, activate the judicial route without delay to avoid wasting time and ensure late payment interest.

GVC Lawyers in Murcia: experience and experts to maximise your compensation

At García Valcárcel & Cáceres (GVC Lawyers), we combine lawyers, legal experts, and medical experts to document and defend your case rigorously. Our firm, established in 1946, is characterised by clarity, honesty, and quality of service. We are located at Plaza Fuensanta, 3 – 6ºB, 30008 Murcia.

How we work on traffic accidents:

• Feasibility study and initial consultation.
• Obtaining and analysis of clinical and economic documentation.
• Medical expert report and, if applicable, economic-labour report.
• Prior claim, negotiation, and lawsuit when appropriate.

We take care of the entire process so that you receive your compensation as soon as possible and with the correct amount according to the *Baremo* (Compensation Scale).

Additionally: family and inheritance lawyers in Murcia

If you are looking for family law lawyers or inheritance lawyers in Murcia, we can also assist you with divorces, custody, liquidation of joint property, successions, and partitions. Our comprehensive approach allows us to support you in all private areas: real estate, commercial, succession, mediation, civil liability and insurance, and medical negligence.

FAQ: quick questions about payment deadlines

• When do the 3 months of the motivated offer start? From the moment the opposing insurer receives your claim with sufficient documentation.
• Is it mandatory to wait for medical discharge? To close the final compensation for sequelae, yes; but you can receive interim payments beforehand.
• What happens if there is no report? A claim can be made with a friendly report, witnesses, and reconstructive expert evidence; it may require more proof and time.
• How long does payment take after accepting the offer? Normally 5-15 working days, depending on the insurer.
• What if the insurer does not pay? Interest can be claimed under Article 20 of the *LCS* (Insurance Contract Law) and legal action can be taken to enforce the compensation.

Conclusion

The collection of compensation for a traffic accident usually ranges from 3 to 6 months in simple cases and can be extended if the injuries are complex or there is litigation. Meeting legal deadlines, documenting well, and relying on experts speeds up the process and increases the amount. At GVC Abogados, in Murcia, we accompany you from start to finish so that you receive the maximum compensation as soon as possible.

Contact

García Valcárcel & Cáceres (GVC Abogados) · Plaza Fuensanta, 3 – 6ºB, 30008 Murcia · Request an appointment and tell us your case: we are here to help you.