Making a denuncia in Spanish law just means reporting what has happened to you.Usually the report is made to the police.Many expats have little understanding of this particular procedure .Generally the denuncia is made to the police in person.If someone has been injured then it is best to see a doctor before going to the Police Station as the doctor can provide a brief report of the injury.It is always best to have a translator with you if your spanish is not too fluent.Sometimes the denuncia has to be made by telephone and then the number to call is 902 102 112.
Once the denuncia reports have all been completed they will be presented to a judge for the judge to decide what the next action will be.He will decide if further action is necessary.If further action is necessary then he will deide if it should be through the civil or the criminal courts.There are time limits on such proceedings and so the judge will notify all parties and call witnesses.The injured party might choose to employ a lawyer and a procurador to prosecute on their behalf.An insurance policy might cover these costs.It is vital to weigh up the costs of lawyers against what you might receive in compensation.Equally it is important to find out if the other party is able to pay.There is a “loser pays” policy in Spain but it doesn’t always work.Formal records of hospital appointments must also be kept as evidence in the case.
A lawyer experienced in liability claims will be needed to advise on levels of compensation,which will be lower than in the UK.If a British holiday maker has an accident in Spain then usually the insurance company will deal with everything for you.Spanish insurers will also do the same.
