What insurers and UK claims handlers need to know
Spain has introduced significant changes to its General Traffic Regulations through Royal Decree 518/2026. Published in Spain's Official State Gazette on 26 June 2026, the principal reforms came into force on 1 October 2026 and could materially affect the way liability is investigated and defended in road traffic injury claims.
The reforms focus on the protection of vulnerable road users, including pedestrians, cyclists, motorcyclists and users of personal mobility vehicles.
The changes do not alter Spain's statutory compensation regime for road traffic accidents. They do, however, introduce new obligations for motorists, cyclists, motorcyclists, pedestrians and users of electric scooters and other personal mobility vehicles.
For insurers and UK claims handlers managing Spanish and cross-border motor claims, the message is clear: in a disputed claim, the detail of what happened on the road matters more than ever.
Cyclists: speed and distance now matter
The reforms introduce important requirements for motorists overtaking cyclists. On interurban roads, drivers must:
- Leave at least 1.5 metres of lateral clearance when overtaking a cyclist.
- Reduce their speed to at least 20 km/h below the speed limit applicable to that stretch of road during the overtaking manoeuvre.
- Where the carriageway has more than one lane in the same direction, move completely into the adjacent lane when overtaking.
In urban areas, motorists travelling behind a cyclist in the same lane must maintain a minimum five-metre safety distance.
These changes create a number of important liability questions:
- How fast was the vehicle travelling?
- What distance was maintained?
- Which lane was being used?
- Was a complete lane change possible?
Those issues should be investigated at the earliest opportunity. Dashcam footage, CCTV, telematics, photographs and witness evidence may all be crucial in determining liability.
Motorcyclists: protective equipment may become relevant
The reforms introduce additional protective-equipment requirements for users of motorcycles and mopeds.
Protective gloves are mandatory for drivers and passengers of motorcycles and mopeds on interurban roads, while closed footwear must be worn on all roads.
The detailed technical specifications for approved protective gloves will take effect when the relevant ministerial order comes into force. In the meantime, the Ministry of the Interior states that protective gloves of the type currently in use should be worn.
These requirements may become relevant where a claimant alleges that another road user caused the accident, but the defendant contends that the claimant's own conduct contributed to the injuries sustained.
Causation remains critical. A failure to comply with a protective-equipment requirement will not, by itself, resolve questions of civil liability or contributory fault. The available evidence must demonstrate whether, and to what extent, the breach contributed to the injuries sustained.
Electric scooters: increased scrutiny
Personal mobility vehicles, or VMPs, including electric scooters, are now subject to tighter regulation.
The minimum riding age is 15 and helmets are mandatory. At night or in conditions of poor visibility, riders must wear a reflective vest.
A separate requirement for VMP lighting to remain permanently illuminated, including during daylight, takes effect on 1 October 2027.
Outside urban areas, VMPs may use routes segregated from motor traffic, including cycleways and cycle lanes, unless prohibited by road signs. The reform does not permit their unrestricted use on ordinary interurban carriageways.
In VMP-related claims, insurers should establish at an early stage:
- Who was riding the vehicle
- The rider's age
- Where the vehicle was being used
- Whether the route was permitted
- The rider's speed and direction of travel
- The lighting and visibility conditions
- Whether the applicable helmet, visibility and safety requirements were met
These issues may be relevant to both primary liability and allegations of contributory fault.
Do not overlook the pedestrian changes
The reforms also introduce additional measures intended to protect pedestrians. As a general rule, a flashing amber light for vehicles must not coincide with a non-flashing green light for pedestrians at a signal-controlled crossing. Pedestrians also have priority on streets with a single-level shared surface, and the reforms give formal legal recognition to safe school routes.
As a result, early preservation of site evidence will be increasingly important.
Road markings, signage, traffic signals and the physical configuration of a crossing may all be relevant to liability. Photographs obtained promptly after an accident are often significantly more valuable than evidence gathered months or years later.
And the Baremo?
It is important to keep the October traffic reforms separate from Spain's compensation regime.
Royal Decree 518/2026 amends the General Traffic Regulations governing road use. It does not amend the statutory methodology used to value injuries arising from road traffic accidents.
When assessing reserves and negotiating claims, insurers should therefore distinguish carefully between liability issues arising from the new traffic regulations and the separate rules governing the valuation of damages under Spanish law.
What should insurers and UK claims handlers do now?
For accidents occurring on or after 1 October 2026, investigations should be tailored to capture evidence relevant to the new rules.
- Preserve vehicle data: Dashcam footage, CCTV, telematics and GPS data may only be available for a limited period.
- Photograph the scene: Road layouts, lane markings, crossings and signage can change over time.
- Take witness statements early: Speed, distances and road positioning are often difficult to establish retrospectively.
- Investigate the claimant's conduct: Do not focus solely on the actions of the insured driver. The new regulations create additional areas in which claimant conduct may become relevant.
- Separate breach from causation: A breach of a traffic regulation does not automatically establish civil liability for the accident, nor does it necessarily prove that the breach caused the injuries claimed. The circumstances of the accident and the causal effect of any breach will still require careful analysis.
The UK perspective
For UK insurers and claims handlers, the practical implications are significant. An accident may involve a UK policyholder, a UK insurer and UK claims representatives.
However, where the accident occurred in Spain, Spanish traffic regulations will form part of the applicable liability framework and should be considered from the outset.
UK assumptions should not simply be imported into a Spanish claim.
Equally, while a breach of the new regulations may constitute important evidence, it will not necessarily determine civil liability. Questions of fault, causation and the wider circumstances of the accident will still need to be considered.
Bottom line
The new rules create more questions for defendants, but they also create more evidence with which to answer them.
For accidents occurring on or after 1 October 2026, the successful defence of a claim may depend upon establishing the detail: speed, distance, road position, visibility, safety equipment and the claimant's own compliance with the applicable rules.
Early investigation, prompt evidence preservation and a detailed understanding of the Spanish regulatory framework will be more important than ever.
How DAC Beachcroft can help
DAC Beachcroft's Overseas Team advises insurers and UK claims handlers on liability, causation, quantum and litigation strategy arising from road traffic accidents across Europe, including Spain.
Jennifer Lund, Partner and Co-Head of the Travel & Tourism Team, has extensive experience handling Spanish motor claims involving complex liability disputes, serious injury claims, cross-border litigation, jurisdictional challenges and the application of the Spanish Baremo compensation regime.
Working closely with Spanish lawyers, insurers, investigators and medical experts, the team provides practical and commercially focused advice from the earliest stages of a claim through to resolution.
As Spanish traffic regulations continue to evolve, early access to local expertise and evidence can be critical in identifying potential defences, assessing claimant conduct, controlling indemnity spend and achieving proportionate claims outcomes.
For further information on the issues discussed in this bulletin, please contact Jennifer Lund or your usual DAC Beachcroft contact.
References
This bulletin is based on the following sources:
- Real Decreto 518/2026, de 24 de junio, por el que se modifica el Reglamento General de Circulación, published in the Boletín Oficial del Estado (BOE No. 155, 26 June 2026).
- Dirección General de Tráfico, Entra en vigor la reforma del Reglamento de Circulación para reforzar la protección de los usuarios vulnerables, 30 September 2026.
- Ministerio del Interior, Interior actualiza el Reglamento General de Circulación para mejorar la protección de los usuarios vulnerables de la vía, 23 June 2026.
