Nobody sets off on holiday expecting to suffer an accident, but the reality is that accidents do happen, and it is important to instruct a specialist solicitor when seeking compensation.
The system of compensation for accident victims in Spain has lagged behind the European countries, particularly for serious injuries. However, for accidents which occurred on or after 1 January 2016, a new Baremo (the Rating System for the Assessment of Damages in personal injury claims) has been brought in which brings Spain more into line with other European counties.
Some of the major changes are that loss of earnings, which could not be recovered under the old system, can now be claimed.
Normally a claim is brought under English procedural law, but with compensation being calculated under Spanish Law, it remains to be seen how the new Baremo Rating System will operate in reality.
One unfamiliar territory, however, are the very serious restrictions on whiplash claims and in particular the fact that whiplash claims are not considered valid at all if the Claimant did not seek medical treatment within 72 hours of the accident.
If you are involved in a road traffic accident whilst on holiday in Spain, it is important that you seek medical attention promptly to preserve your right to claim compensation once you return to the UK.