Quick summary: if you have an accident in a rental car in Spain, get to safety and switch on the V-16 beacon, call 112 if anyone is injured, fill in the accident report with the other driver and tell the rental company as soon as possible. Spanish law gives you a maximum of 7 days to report the claim to the insurer.
Having an accident in a rental car raises many questions: what to do on the spot, who to call, how to fill in the report and who pays for the damage. Here we answer them step by step so you know exactly how to act if it happens during your trip to Malaga and the Costa del Sol.
What to do right after an accident in a rental car?
Right after an accident in a rental car you should stop the vehicle somewhere safe, switch on the hazard lights, put on the reflective vest before getting out and mark the danger with the V-16 beacon. If anyone is injured, call 112 immediately.
1. Get to safety
Leave the car on the side away from traffic and wait behind the crash barrier if you are on a motorway.
2. Use the V-16 beacon
Since 1 January 2026 the connected V-16 beacon is compulsory in Spain and replaces the warning triangles.
3. Call 112 if anyone is injured
112 coordinates medical emergencies, the Guardia Civil traffic police and the local police. Do not move injured people unless they are in serious danger.
4. Document the accident
Take photos of the damage, the position of the vehicles, the number plates and the road signs.
Do you need to fill in an accident report with a rental car?
Yes. If another vehicle is involved and nobody is hurt, the best option is to fill in the European Accident Statement, known in Spain as the “parte amistoso”, with the other driver. Insurers use this document to decide who is liable, so it must be complete and signed by both drivers.
What to write in the accident report
- Personal details and driving licences of both drivers.
- Number plates, insurers and policy numbers of both vehicles; the rental car’s details are in your contract.
- Exact place, date and time, a sketch of the accident and the circumstance boxes ticked.
- Names and phone numbers of any witnesses.
Do not sign anything you do not agree with. If there is any disagreement, call the police so they can write an official report.
When should you tell the rental company?
You should tell the rental company as soon as the situation is under control, ideally from the scene. Spain’s Insurance Contract Act (Law 50/1980) sets 7 days to report the claim to the insurer, but most rental contracts require immediate notice. The company will tell you whether the car can still be driven and arrange a tow truck if needed.
Who pays for the damage after an accident in a rental car?
Who pays for the damage after an accident in a rental car depends on who is at fault and on the insurance you have.
If the other driver is at fault
Their insurer pays, as long as the accident report or police report shows their liability.
If you are at fault and have an excess
The rental car’s insurance responds, but you pay for your own damage up to the excess amount.
If you are at fault and have no excess
The insurance covers your own damage under the terms of the contract. With car hire with no excess you do not have to pay anything upfront even if the accident is your fault.
What if no other vehicle is involved?
If no other vehicle is involved, for example a knock against a wall, a kerb or a post, there is no accident report to fill in. Take photos, tell the rental company and, if anyone is hurt or public property is damaged, call the police so there is an official record.
Steps and deadlines after an accident in a rental car
| Step | What to do | When |
|---|---|---|
| 1. Safety | Hazard lights, reflective vest and V-16 beacon | Immediately |
| 2. Emergencies | Call 112 if anyone is injured | Immediately |
| 3. Document | Photos, number plates, vehicle positions and witnesses | At the scene |
| 4. Accident report | Fill in and sign the European Accident Statement | At the scene |
| 5. Tell the company | Call the rental company’s assistance line | As soon as possible |
| 6. Report the claim | Notify the insurer of the accident | Within 7 days (Law 50/1980) |
How Espacar helps if you have an accident
At Espacar every rate includes fully comprehensive insurance with no excess and 24-hour roadside assistance. If you have an accident, call the assistance number shown in your contract and we will tell you what to do next. See all the conditions of our car hire in Malaga.
FAQ about an accident in a rental car
What should I do if I have an accident and do not speak Spanish?
Call 112, which answers in several languages including English, and then the rental company’s assistance line. The European Accident Statement has the same layout in every language.
Do I have to pay the excess if the accident was not my fault?
No. If the other driver is responsible, their insurer covers the damage. That is why the accident report must describe clearly how the accident happened.
Can I keep driving the rental car after an accident?
Only if it is safe and the rental company authorises it. If the lights, steering, brakes or tyres are damaged, do not drive and ask for a tow truck.
Is the V-16 beacon compulsory in a rental car?
Yes. Since 1 January 2026 the connected V-16 beacon is compulsory in Spain and replaces warning triangles. When you collect the rental car, check that it carries one along with the reflective vest.
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