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Magaluf Car Accident Claims Guide – How To Claim Injury Compensation For A Car Crash In Magaluf

Magaluf, the beach resort on the island of Majorca, has been popular with British tourists since the 1990s and beyond. It has always been popular for its high tempo night life but over recent years it has become more and more popular as a sightseeing holiday as well.

More tourists are choosing to drive themselves around rather than rely on excursions laid on by tour companies and that means it is possible to have a car accident in Magaluf which can require a holiday accident claim to be made.

Legal Expert are specialists at dealing with personal injury claims, holiday accidents and whiplash claims for Brits when they return from their holidays. If you’d like us to lodge a compensation claim on your behalf, then please call us on 0800 073 8804 today.

If you’d rather find out more first then carry on reading this guide that covers what to do in the event of a car accident in Magaluf, how to contact the emergency services and what evidence to collect so that you can claim compensation for your injuries.

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A Guide To Magaluf Car Accident Compensation Claims

To be able to make a successful personal injury claim following a car crash it needs to be proven that the other driver was to blame. This guide will explain the steps you can take to gather the evidence required to backup your claims and successfully win compensation following an injury in Magaluf.

Car accident claims Magaluf

Car accident claims Magaluf

We’ll cover what steps you should follow to ensure the safety of everybody involved, the local policies and laws that you need to follow, how to contact the emergency services and British Embassy, how to get medical treatment for free and how Legal Expert can help with our no win no fee service.

As with the rest of Europe, Magaluf (which is governed by Spain) has strict time limits to lodge any compensation claims. These time limits are from the date the accident happened and if you claim outside of the limits then the claim will automatically be rejected.

The current time limits for Magaluf accident claims are:

Holiday in Magaluf typeMaximum time limit for claims
UK Tour or package holiday provider booked holiday3 years ( may very )
If the trip was booked directly by you1 year (but this can vary) - contact our team to discuss as soon as possible

With some of the limits being relatively short we’d recommend you engage the services of a personal injury lawyer, like Legal Expert, as soon as you return home from your holiday as it can take some time to prepare a claim and gather all of the supporting evidence required to back up your claim.

As well as how to claim compensation, you need to know about some local driving rules which, if you break them, could lead to an on the spot fine. These policies include:

  • You must carry a warning triangle in your car to use in the event of a car accident.
  • If you leave the car at the scene of an accident you must wear a reflective jacket at all times (this goes for passengers who leave the car as well).
  • It is also recommended that you carry a driver’s licence, insurance document, V5 document, passport and also a European Accident Report Form

Essential Emergency Services Contact Numbers For Magaluf

As part of Spain, Magaluf operates the same emergency service system which is very similar to the one in the UK which operates under a single number for all emergency services.

If you require the assistance of the police, ambulance or fire services then call 112 from any payphone or mobile and you’ll be connected to an operator who’ll connect you to the relevant service.

Be prepared to give the operator as much detail about the car crash, it’s location, number of vehicles involved and the number of casualties.

How To Access Medical Services In Magaluf

Before travelling to Magaluf you should apply for a European Health Insurance Card (EHIC). It is free to apply and takes a week or so to arrive so give yourself enough time.

Your EHIC is an agreement between the British and Spanish governments which means anyone holding it can get free medical treatment during their stay in Magaluf at either a doctor’s surgery or hospital.

It doesn’t cover private medical treatment or the costs of returning to the UK if you’re unable to make your scheduled flight so you should consider taking out travel insurance in addition to applying for the EHIC card.

Your travel insurer should cover the use of private medical facilities if you require them and the cost of getting home. The best advice is to carry your EHIC and travel insurance documents at all times and call the insurer if you need any advice before treatment.

What You Should Do After A Car Accident In Magaluf

If you’re involved in a car accident in Magaluf then there are a number of things that you need to do to comply with local regulations.

Firstly, if it’s safe to do so you should try to photograph the scene of the accident before moving the car to the side of the road if it’s possible. Then turn on the hazard warning lights and place your warning triangle at least 30 meters away from the car (or further on faster roads) to give other drivers plenty of warning.

Then you should speak with the other driver and swap details. There is a Spanish or European accident report form that can be filled in but we’ll cover that in another section shortly.

Call the police or emergency services in the event that anybody is injured. There’s no need to do so for minor accidents although hire companies may require a police report.

It is essential that you stay as safe as possible and don’t endanger other road users while dealing with the aftermath of your own accident.

I Have Been Injured On Holiday, What Should I Do?

When dealing with any type of accident abroad there are number of steps you should take to ensure everybody gets the right treatment and also to help prepare you for making a compensation claim when you return to the UK.

You don’t need to contact a personal injury solicitor at this point but gathering information will make the discussions easier when you do contact one at a later date.

When you sustain an injury in Magaluf you should:

  • Ensure you, and anybody else injured, receive medical treatment from a doctor or the emergency services. Remember to show them your EHIC card or travel insurance documents at the point of entry.
  • Photograph the scene of the accident trying to capture as much detail as possible. It’s better to take as many photos as possible so that your solicitor can choose which are relevant and which aren’t rather than not taking enough.
  • Speak with any witnesses and take down their contact details and, if possible, ask them to write a brief explanation of what they witnessed during your accident.
  • In the event of a car accident, if there is any dashcam evidence then try to obtain copies of the footage immediately. If somebody, like your car hire company, promises a copy then wait until you’ve received it as it can be difficult to obtain at a later point.
  • Finally, report the accident (see the next section for further details).

You may just want to carry on with your holiday following an accident but these steps could make all the difference between a failed or successful compensation claim.

Record Your Accident In A Spanish Road Traffic Accident Report

There are specific rules in Europe regarding an accident report form which is used by insurers to assess the cause of accidents. You should only state factual information on these forms and never admit any liability or blame for the accident.

The form records information about the cars involved, the drivers, the insurance policies, speeds involved, weather conditions and location of the accident. You should never let the other driver fill in the form on your behalf and if you suspect any wrongdoing then don’t sign the form, just take down as many of the other drivers details as possible yourself.

When you have a car accident in Magaluf you only need to inform the police in the more serious accidents – otherwise the insurance companies can deal with it themselves.

If you booked your holiday as part of a package holiday and the car hire was included then you should tell your holiday rep about the accident and injuries as they may be able to help you get treatment and, importantly, they’ll log that the accident happened which can be used as evidence.

You should let your car hire company know about the accident as well as your travel insurance provider. Finally, reporting your injuries to a doctor is important when claiming for compensation as the medical records can be obtained and used as evidence.

Claims For Whiplash Suffered In An Accident In Magaluf

One of the most common injuries that occurs following a car crash is whiplash. It is caused when the head is jerked or violently moved in any direction. This is a typical scenario in a car crash as the body is secured by a seatbelt and held in place, but the head moves forward when there is a sudden impact.

Whiplash can happen to the driver and passengers alike but may not immediately be obvious as sometimes symptoms aren’t present for 6 to 12 hours following the crash.

As soon as you suspect you’re suffering from whiplash you should attend a GP surgery or emergency department for assessment and treatment. It is common for the symptoms to worsen as the days go on after the accident which means medicines may be required to ease the pain.

Common symptoms to lookout for in whiplash cases include: stiffness, tenderness and soreness of the neck, shoulder and upper body, bruising, difficulty moving the head and headaches.

5 Types Of Damages Compensation Claims Can Include

It is common for a personal injury claim to be made up of a number of different elements. Your personal injury solicitor has to determine the amount per element to claim and justify that by providing evidence to the other party involved. Any financial losses claimed are easier to justify if receipts, bank or credit card statements can be provided so keep hold of any when you incur costs.

The common elements of an accident claim are:

  • General damages which cover the pain and suffering caused by your injury. There is a defined list of compensation amounts for any particular injury which are altered depending on the severity of the injury i.e. somebody with a broken foot would get a certain amount of compensation but somebody who’s foot was amputated would get more. A good personal injury solicitor will be able to prove the severity of your injury (and therefore obtain higher compensation amounts) by using medical experts to support the claim.
  • The cost of repairing or replacing damaged personal property can be claimed if the damage was caused as part of the accident. Claims for items like damaged clothing, broken mobile phones, damaged jewellery, broken glasses and many other items can be included.
  • Loss of earnings are usually claimed when you are required to take time off from work to recover from your injuries or attend medical appointments and your employer doesn’t offer full sick pay. If your injuries are so serious that you have to change jobs or require ongoing medical care, then you can look to claim back future loss of earnings too.
  • Travel costs can be claimed for anything that is related to the accident or injury. For instance, costs of travelling to medical assessments or treatments as well as the cost of returning to Britain if you can’t make the original flight you had booked.
  • Medical costs can be claimed back as well in the event that you’ve had to pay for prescriptions. This can amount to a fair sum when you have a long term or serious injury.

It’s important to note that once a claim has been settled, you’re unable to go back and ask for more compensation if your costs increase which is why using a specialist like Legal Expert will ensure your claim covers everything.

Car Accident In Magaluf Compensation Calculator

When clients ask how much compensation they’re going to get it’s very difficult to give a fair answer as every compensation case is unique. We’ll be able to give an estimate once we’ve assessed your claim but without knowing all of the facts it’s very difficult to guess.

We can give examples of the amounts under the general damages element of a claim you may be eligible for by providing the table below but please remember that this is only one element of the claim (see above) so you may be entitled to other elements on top of this figure.

Type of InjuryRange of Settlement AmountsComments
Death£12,500 - £300,000Compensation for a fatal accident or injury.
Mental anguishCompensation up to £3,550This is an assessment of the stress and mental anguish caused by your car crash.
More general pain & suffering£1,000 - £200,000The more severe the pain and suffering, the higher the compensation within this range.
Loss of (future) benefits£5,000 - £500,000Similar to loss of earnings, this takes into account any benefits that have been lost or likely to be.
Loss of (future) earnings£10,000 - £400,000This is paid out based on future earnings that will be lost because of the claimants injuries
Loss of protection, care, and companionship for a family member.£2,000 - £100,000This is awarded to a remaining family member(s), including dependants, for care, companionship, and protection lost.
Minor neck injuryUp to £6,000This includes whiplash, soft tissue damage or injuries similar to this.
Moderate neck injury£6,000 - £19,000Injuries affecting the soft tissues, minor bone fractures, and injury which exacerbated an existing injury.
Severe neck injury£34,575 - £112,750May lead to severe disabilities from the neck down, or in the worst cases it can lead to compensation for paralysis

No Win No Fee Car Accident In Magaluf Compensation Claims

When you use a no win no fee solicitor, you’re actually taking a lot of the stress and risk involved in claiming (in fact the solicitor is taking on a risk by offering their time for free in the event they lose).

When you sign up with the solicitor, they’ll explain what their success fee will be if they win your case which is a percentage of your compensation and if they win the case, they retain their fee and send the rest of the compensation directly to you. If they lose the case, then you don’t have to pay them anything at all.

The alternative to no win no fee is where you pay the solicitor an hourly rate for their services and if they win you retain all of the compensation which is good but it’s much riskier because, if you lose, you still have to pay the solicitor for all of the hours they worked on your case which can mean a fairly large bill but no compensation.

How We Can Help You Claim For A Car Accident Abroad

Legal Expert only help our clients by using a no win no fee service as we think it’s fair and removes the risk for our clients. We are a friendly team and have many years’ experience as specialist personal injury solicitors.

We’ve built up many years of experience meaning that we understand what is required to make a successful claim (an what isn’t required as well) so we can efficiently gather the relevant information to support your claim.

Talk To Us About Your Claim

Now that you’ve read our guide about claiming compensation for a car accident in Magaluf, we hope you’ve chosen to use Legal Expert as your personal injury solicitor. If that’s the case, then you can contact us in any of these ways:

  • Telephone: Call us free on 0800 073 8804 today
  • Online Form: Fill in our simple claim form and one of the team will call you back at a convenient time
  • Email: Send a message to info@legalexpert.co.uk and let us know the details of your claim
  • Live chat: Our specialists are available 7 days a week to take your enquiries and answer any questions you might have

Spanish Holiday Accident Claim Guides And Details Of The Local British Embassy

Here are some useful resources that could help you to decide on your next steps:

British Consulate Las Palmas de Gran Canaria
Calle Luis Morote 6-3
35007 Las Palmas de Gran Canaria

Spain

Tel: +34 928 26 25 08

Web:www.gov.uk/world/organisations/british-consulate-las-palmas-de-gran-canaria.

Magaluf Holiday Accidents – a guide to claiming for accidents caused while on holiday in Magaluf.

Gran Canaria Accident Claims – a guide specifically aimed at claiming compensation for accidents while on holiday in Gran Canaria

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