Málaga has one of the highest traffic concentrations in Andalusia, especially at the city entrances via the A-7 and MA-20. In recent years, the DGT has identified the MA-20 stretch near the Polígono Guadalhorce as one of the most accident-prone areas, particularly for rear-end collisions and motorcycle accidents during rush hours. These facts highlight the importance of understanding the legal steps to take after a traffic accident in Málaga.
How much compensation can be claimed for a traffic accident in Málaga according to the 2024 schedule?
The 2024 Traffic Compensation Schedule (Baremo) sets the amounts victims are entitled to for temporary injuries and permanent after-effects. For example, cervicalgia (whiplash) with 45 days of basic personal injury is compensated with approximately €1,575 (€35/day), with the possibility of adding moderate particular impairment (€54.20/day) if there is sick leave. In cases of a humerus fracture requiring 60 days of recovery, compensation may exceed €3,000 if moderate days and hospitalization are included. A minor permanent injury, such as residual functional limitation, may be valued at €1,000 to €2,000 per permanent injury point, depending on the victim's age and circumstances. These amounts are indicative and may be adjusted after individual medical evaluation in accordance with the schedule.
What is the step-by-step process for filing a traffic accident claim in Málaga?
The first step after an accident is to visit a medical center within 72 hours and keep all medical reports. To claim compensation, the usual route is out-of-court: the insurance company must provide a reasoned offer within a maximum of 3 months after the formal claim. If there is no agreement, or the offer is insufficient, judicial proceedings can be started through the civil courts.
In Málaga, civil claims for traffic accidents are filed with the Courts of First Instance, located in the Ciudad de la Justicia (Calle Fiscal Luis Portero García, s/n, 29010 Málaga). The deadline to file a lawsuit is 1 year from the stabilization of injuries. If the accident involves a possible crime (for example, driving under the influence), criminal proceedings are also handled in these courts, although via a different procedure.
What does our law firm offer in Málaga?
Our firm works with independent medical experts to objectively assess injuries and permanent effects, enabling the claim of compensation tailored to the schedule and the client's real situation. We have extensive experience negotiating with insurance companies and representing clients before the Málaga courts. We operate throughout Spain and offer in-person attention in Málaga as well as online consultations for those who live elsewhere or have mobility difficulties. If you have suffered an accident, you can request a no-obligation initial consultation to analyze your case and receive guidance on the next steps.
