Motor third-party liability — Spain

What is MTPL (SOA / Seguro Obligatorio) in Spain and who is required to have it?

Motor Third-Party Liability insurance, known in Spanish as Seguro Obligatorio de Responsabilidad Civil en la Circulación de Vehículos a Motor or SOA (informally Seguro a Terceros), is mandatory under the Texto Refundido de la Ley sobre Responsabilidad Civil y Seguro en la Circulación de Vehículos a Motor (Real Decreto Legislativo 8/2004, TRLRCSCVM). Every keeper of a motor vehicle habitually stationed in Spain must hold a valid SOA before the vehicle is put into circulation. Insurance status is verified electronically against the Fichero Informativo de Vehículos Asegurados (FIVA) maintained by the Consorcio de Compensación de Seguros, and the Guardia Civil de Tráfico and DGT check cover by plate reading. The Ley 5/2025, in force from 26 July 2025, extended the obligation to e-scooters and light electric vehicles exceeding 25 km/h (or 14 km/h with a weight over 25 kg) and to certain agricultural machinery. The policy covers damage to third parties — not your own vehicle or your own injuries as the at-fault driver. Driving without SOA carries a fine of €1,000–€3,000 and the immobilisation or depositary seizure of the vehicle.

What are the mandatory minimum coverage limits for SOA in Spain?

Under Article 4 of the TRLRCSCVM, transposing EU Directive 2021/2118 (in force from 23 December 2023), the statutory minimum cover is €6,450,000 per accident for bodily injury or death (regardless of the number of injured parties) and €1,300,000 per accident for property damage. Bodily injury compensation is calculated under the Baremo de tráfico established by Ley 35/2015, de 22 de septiembre, del sistema para la valoración de los daños y perjuicios causados a las personas en accidentes de circulación — a binding statutory scale unique to Spain that fixes amounts for personal injury heads (basic damage, consequential damage, household expenses, loss of earnings, etc.). The Spanish market — Mapfre, Mutua Madrileña, Allianz, AXA, Catalana Occidente (Helvetia from 2024), Línea Directa, Reale, Generali, Zurich — sells the legal minimum as the standard baseline; voluntary RC Suplementaria can extend the bodily injury limit to €50 million or €100 million for a modest premium.

What does Spanish SOA insurance actually cover?

Spanish SOA covers damage caused to third parties by the operation of the insured vehicle. This includes: bodily injury, permanent disability or death of pedestrians, occupants of other vehicles, cyclists or other road users — quantified under the Baremo de Tráfico (Ley 35/2015); property damage to other vehicles, buildings or any third-party property; loss of earnings (lucro cesante) and pain-and-suffering (perjuicio moral); subrogated claims from the Social Security and public health services; and the insurer's investigation and defence of third-party claims. It does not cover damage to your own vehicle (requires Daños Propios or Todo Riesgo), your own injuries as the at-fault driver (requires Seguro de Ocupantes / Conductor), or losses caused intentionally, while uninsured, unlicensed or under the influence — in those cases the insurer pays the injured party and exercises regress (acción de repetición) against the policyholder.

Are the at-fault driver's own damages covered?

No. Under the TRLRCSCVM and standard policy conditions, damages suffered by the at-fault driver are excluded from SOA coverage. If you cause an accident, you have no claim under your own SOA for your own injuries or own vehicle damage. To protect yourself you need separate cover: a Seguro de Daños Propios or Todo Riesgo policy for the vehicle, and a Seguro de Ocupantes or Seguro del Conductor for the driver's personal injury — typically a fixed sum on permanent disability (e.g. €30,000–€300,000) and on death. Most Spanish insurers package driver accident cover as an optional rider on the SOA, sometimes included by default in Terceros Ampliado, Terceros Plus and Todo Riesgo policies.

Are passengers in the at-fault vehicle covered?

Yes. Under the TRLRCSCVM, all passengers — including family members of the at-fault driver — are considered third parties for SOA purposes and their bodily injury claims are covered under the policy's bodily-injury limit (minimum €6,450,000 per accident), quantified under the Baremo de Tráfico. The only person excluded is the at-fault driver themself (see previous question). Material damage to passengers' belongings (clothing, luggage, electronics) is also covered as third-party property damage within the property-damage limit.

Is legal defence included in Spanish SOA policies?

Defence against third-party claims (defensa de los intereses del asegurado en sede extrajudicial o judicial) is a core part of every Spanish SOA policy at the insurer's expense — the insurer investigates the accident, settles or contests the claim on behalf of the policyholder, and bears the legal costs of doing so. This is distinct from a standalone Defensa Jurídica or Reclamación de Daños cover, which actively pursues the policyholder's own claims (recovery against an uninsured at-fault driver, criminal-traffic proceedings, licence withdrawal, disputes with the workshop). Most Spanish motor policies bundle Defensa Jurídica and Reclamación de Daños by default, typically with limits of €600–€6,000 per case and free choice of lawyer above a threshold (Articles 76 a–76 g of Ley 50/1980 de Contrato de Seguro).

What is the Carta Verde (Green Card) and is it required with Spanish SOA?

The Spanish Green Card (Certificado Internacional de Seguro / Carta Verde) is the international certificate of motor insurance issued under the multilateral Green Card system. In Spain it is administered by OFESAUTO (Oficina Española de Aseguradores de Automóviles), the Spanish national insurance bureau, which also handles claims arising on Spanish territory from foreign-registered vehicles. For travel within the European Economic Area and additional treaty states (Switzerland, Andorra, Monaco, Vatican, San Marino, Serbia) the Spanish registration plate alone constitutes proof of cover and the paper Green Card is not legally required, though insurers still issue it on request free of charge. For travel to other Green Card system members — Albania, Azerbaijan, Bosnia and Herzegovina, Iran, Israel, Moldova, Montenegro, Morocco, North Macedonia, Tunisia, Turkey, Ukraine — the Green Card is required and is issued by the Spanish insurer at no extra cost.

Which countries does Spanish SOA insurance cover?

Spanish SOA cover extends automatically to: Spain and its territories (Peninsular, Balearic and Canary Islands, Ceuta and Melilla); all EU Member States; EEA countries (Norway, Iceland, Liechtenstein); and Andorra, Monaco, Switzerland, the Vatican, San Marino, Serbia and the other Green Card system members. Within the EEA the contractually agreed Spanish cover sums apply; outside the EEA the insurer's liability may be reduced to the legally required minimum cover applicable in the visited country, unless a Green Card has been issued and is being carried. Cover for trips outside Spain is granted for journeys of less than 12 months. Travel to Belarus and Russia, and currently to Ukraine, is excluded by all major Spanish insurers because of international sanctions and the active conflict.

What must I do immediately after a road accident in Spain?

After an accident in Spain you must: stop immediately and secure the scene (warning triangles at the prescribed distance — replaced from 2026 by the V-16 luz de emergencia connected to DGT 3.0 platform — hazard lights, reflective vest under Article 130 of the Reglamento General de Circulación); render first aid and call the single European emergency number 112 where there are injuries; call the Guardia Civil de Tráfico, Policía Local or Mossos d'Esquadra (also via 112) where required by law — bodily injury, fatalities, hit-and-run, suspected drunk or drug driving, damage to road property, where parties cannot agree on circumstances, or where one of the vehicles is foreign-registered; not leave the scene before identifying yourself and exchanging insurance and contact details with the other party; complete a Declaración Amistosa de Accidente (Spanish European Accident Statement) signed by both parties when there are no injuries; photograph the scene and damage; and notify your insurer within 7 days of the accident as required by Article 16 of Ley 50/1980 de Contrato de Seguro. Under Article 7 of the TRLRCSCVM the insurer must, within 3 months of receipt, offer a justified compensation (Oferta Motivada) or, where liability is disputed, a reasoned reply (Respuesta Motivada) — these deadlines trigger statutory default interest under Article 20 of the Ley 50/1980.

Can I buy Spanish SOA online, pay in installments, and what is the bonus-malus system?

Yes. All major Spanish motor insurers — Mapfre, Mutua Madrileña, Allianz, AXA, Catalana Occidente (Helvetia from 2024), Línea Directa, Reale, Generali, Zurich, Pelayo, Liberty, Plus Ultra — offer fully online subscription through their own portals and apps, alongside Direct insurers (Línea Directa, Direct, Verti, Pepe Mujica), brokers and comparison sites (Rastreator, Acierto, Comparaiso). On payment of the first premium the insurer registers cover in FIVA immediately, allowing the vehicle to be driven the same minute. Payment is typically annual, half-yearly, quarterly or monthly via SEPA direct debit; non-annual installments may carry a surcharge of 2–6%. The Spanish market uses a free-form Bonus-Malus (Coeficiente de Bonificación-Penalización) tied to TIREA's SINCO database of cross-insurer claim history; the standard scheme grants a 5–10% discount per claim-free year up to a 60–65% maximum bonus, and a 15–30% surcharge per at-fault claim. The Free Choice of Workshop (Libre Elección de Taller, Article 18 of Ley 50/1980) gives the policyholder the statutory right to choose the repair workshop without losing coverage. Online policies carry a 14-day cooling-off right of withdrawal under Articles 10–11 of the Ley 22/2007 de comercialización a distancia de servicios financieros.