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Do not sign any settlement offer from the insurer without legal review. Our team analyses your insurance policy so that your defence comes at no cost to you.
📞 Get a free case assessment
✉️ Send your accident report via WhatsApp
Claiming compensation for road traffic accidents requires technical expertise that goes beyond the purely legal. As lawyers based in Málaga, we coordinate all expert reports and the assessment of personal injury (daño corporal) necessary to build your case.
Whether you are a driver, passenger, vehicle occupant or pedestrian, protecting your rights is our priority from the very first moment. Our firm has extensive experience litigating against major insurance companies to achieve the best possible outcome for our clients.
Whiplash is one of the most common injuries and, often, the most disputed by insurers due to its alleged «low severity». Our specialists work with an extensive network of hospitals and rehabilitation and physiotherapy centres across Málaga city.
We handle the full documentation of the causal link between the impact and your physical recovery, ensuring that the traffic compensation scale (baremo de tráfico) is applied at its maximum level for every day of personal harm and persistent injury.
After a car accident, vehicle damage and the loss of personal belongings are a constant source of dispute. We manage the assessment of the market value or repair cost of the vehicles involved.
If your professional vehicle was affected, we also claim for loss of earnings (lucro cesante). Our advice covers everything from interpreting the police accident report (atestado policial) to challenging insufficient expert valuations.
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Vehicle collisions
Rear-end impacts, head-on crashes, road departures and pile-ups
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Motorcycle accidents
Fractures, trauma and serious injuries typical of motorcyclists
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Pedestrian knockdowns
Zebra crossings, pavements or any public road in Málaga
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Bicycle accidents
Cyclists and drivers involved on the cycle lane network
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Electric scooter accidents
Specific legal framework for personal mobility vehicles (VMP) in Málaga
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Fatal and catastrophic injuries
Lifetime compensation, future care costs and permanent disability
A traffic accident that occurs during working hours or on the way to or from work (in itinere) is classified as a workplace accident. In these cases, you may be entitled to additional Social Security benefits and a higher level of compensation.
Our lawyers are experts in the intersection of civil liability and occupational health and safety regulations, ensuring you receive every form of compensation the law entitles you to.
If you have been involved in an accident, we handle all the administrative procedures and legal proceedings if necessary. Your only focus should be your health.
To secure the highest possible compensation, we follow a rigorous professional protocol:
Accident analysis
We review the agreed statement of facts or police report to establish third-party liability.
Specialist medical assistance
We refer you to a trusted medical centre for a full assessment of your personal injuries.
Independent medical expert valuation
Our medical expert evaluates your injuries in line with the baremo — do not settle for the insurer’s own report.
Negotiation with the insurer
We reject any reasoned offer that does not fully cover your losses under the applicable traffic compensation scale.
Court proceedings
If no out-of-court settlement is reached, we file a claim before the courts in Málaga.
The Ley 35/2015 sets out the exact amounts the insurer must pay you. The current scale (updated in February 2026, +2.9%) structures compensation into three categories:
36 €/day
Basic personal harm
78 €/day
Days of hospitalisation
1-100 pts
Permanent injuries
A distinction is made between days of hospitalisation, days of incapacitating sick leave (unable to carry out normal daily activities) and days of non-incapacitating sick leave. Each category carries a different financial value within the scale tables, and the difference can amount to tens of euros per day.
Once injuries have stabilised, the medical expert assigns an injury score: reduced mobility, chronic pain, post-traumatic stress, driving phobia, scarring or disfigurement. The score is cross-referenced with the victim’s age to calculate the compensation. Our independent experts ensure an objective assessment, independent of the insurer’s own doctor.
This covers loss of earnings (lucro cesante) (income you can no longer earn), care costs (rehabilitation, physiotherapy, medication, home adaptations) and future assistance in cases of permanent disability. This is the category most frequently undervalued by insurers, and where a specialist lawyer makes the greatest difference.
1. Call 112 and request a police accident report
The Málaga Local Police or the Civil Guard Traffic Unit will prepare the official police report (diligencias policiales), a key document for establishing liability.
2. Attend A&E within 72 hours
If you delay seeking medical attention, the insurer will argue that your injuries are unrelated to the accident. Always ask for a written report.
3. Document everything
Photographs of vehicles and injuries, the agreed statement of facts (parte amistoso / DAE), witness details, and the other vehicle’s licence plate.
4. Do not sign anything — call us first
Notify your insurer within 7 days, but do not accept any offer without consulting us first. Initial consultation is free of charge.
📞 Free immediate consultation
Send documentation via WhatsApp
As members of the Ilustre Colegio de Abogados de Málaga, our firm offers a personal approach and legal assistance grounded in full transparency. The breadth of our practice means your case is also assessed through the lens of other relevant areas of law.
Do not hesitate to protect your rights. Use our contact section or visit us at our offices in the heart of Málaga. Our goal is to ensure that accident victims receive fair compensation without the cost of proceedings being a barrier.
It depends on the complexity of the case. If the insurance company accepts the out-of-court claim, it can be resolved in 3 to 6 months. If court proceedings become necessary, the process may take between 12 and 18 months. At Orozco y Asociados we work to expedite timelines without compromising on maximum compensation.
Although it is not legally required at the out-of-court stage, it is highly advisable. Insurance companies have their own legal teams whose objective is to minimise your compensation. A specialist lawyer identifies heads of claim you may not be aware of (loss of earnings, pain and suffering, non-obvious long-term injuries) and can significantly increase the final amount recovered.
The limitation period for personal injury claims is 1 year from the date of final medical discharge, not from the date of the accident. For property damage, 1 year from the incident. Ley 35/2015 (the Spanish Road Traffic Compensation Act) requires the insurer to submit a reasoned offer within a maximum of 3 months of the out-of-court claim. Do not let deadlines work against you.
It depends on the number of days off work, any lasting after-effects and rehabilitation costs. Under the 2026 road traffic compensation scale (baremo de tráfico), days of basic personal injury are valued at approximately €36 per day, increasing according to severity. A whiplash injury with residual sequelae can range from €3,000 to over €15,000 depending on duration and functional limitations.
You still have the right to be compensated. In these cases, the claim is made to the Consorcio de Compensación de Seguros (the Spanish Motor Insurers’ Bureau), a public body that covers precisely these situations. The procedure involves specific formal requirements and strict deadlines, all of which we handle in full at our firm.
No. Insurers are required by Ley 35/2015 to submit a reasoned offer within 3 months, but these offers are typically well below the amount you are entitled to under the compensation scale. A specialist lawyer identifies omitted heads of claim — loss of earnings, future rehabilitation costs, aesthetic injury — and negotiates a fair settlement or issues proceedings if necessary.
The insurer’s medical assessor works for them: their objective is to minimise the injury score and the number of days off work. An independent medical expert assesses your injuries objectively in accordance with the compensation scale. The difference can amount to thousands of euros. Where the case requires it, we request a complementary assessment from the IML (Instituto Médico Legal — the official Legal Medical Institute), whose report carries decisive weight before the courts.
We assess your case with no obligation. If you have been involved in a recent accident, every day counts when it comes to protecting your rights and maximising your compensation.