Legal Insurance Information for Expats in Spain This section studies some of legal points raised when arranging insurance for expatriates in Spain and includes feedback from existing clients.  If you require the General Information section, you should study the General Page.  Simply click on any of the subjects listed.  To minimise the subject, click the link again. Another excellent source for information is from the Guardia Civil themselves, see their website: http://n332.es/   What documents do I have to keep in my car when I am driving? You should carry: The vehicle Permiso de Circulation Inspección Técnica de Vehículos, or ITV where appropriate The ITV Inspection Report Your Motor Insurance Certificate.  This is not compulsory because there is now a central database, but it you have an accident you may need to refer to it An Accident Report Form.  Again this is not compulsory, but in the event of an accident you will need to record the details of the incident What is the Mandatory Equipment to have in a Vehicle when driving in Spain  – Spare Wheel and tools to change the wheel. – 1 Hi-Viz jacket, 2 are advisable (for the passenger) – 2 Warning Triangles. – Fire Extinguisher (ONLY for vehicles towing a trailer and recommended for other vehicles) – Medical Kit (Advisable, NOT compulsory) – Flashlight (Advisable, NOT compulsory) How do I identify an unmarked Guardia Civil vehicle? There are various unmarked Guardia Civil vehicles on the roads and we´d like to explain some of the identifying features of these cars, not so you can avoid detection if you are breaking the law, but as there have been a few occasions where criminals have pretended to be the police to stop innocent victims and carry out robberies, we want to make sure you know how to identify a real unmarked traffic car that might be trying to stop you. At the front of the vehicle there are blue lights hidden in the grill. These will be illuminated and flash in the event of the vehicle responding to an emergency, or in the event that the officers are trying to stop you. In the front window, on the passenger side, the sun visor has been replaced by an illuminated display. This will display the words “G.Civil”, “Trafico” and “Alto”, or stop, alternating. These words are displayed in reverse, so that they will be visible and easy to read in your rear view mirror. You might also spot other equipment in the window, but remember. The officer will be dressed in a high visibility uniform, as worn only by the traffic officers. When the Guardia Civil traffic officers are patrolling in unmarked cars, they will always, without exception, be wearing a variation of this type of uniform, with high visibility features. It is important to note though that other departments of both the Guardia Civil and police use unmarked cars, such as detectives for example, but those officers will not be wearing this uniform. Another important point is that it is only Guardia Civil traffic officers who are wearing the high visibility uniform who are allowed to take money from you as payment of traffic fines. In the event of an officer from another department coming across an incident on the roads, they will always call for the traffic department to take charge, issue fines and take any money that may be due in fines. Only the officers in the high visibility uniforms bearing Guardia Civil Trafico are allowed to take money, this is important. Looking towards the rear of the vehicle, the windows may be laminated with tinting. This is not an exclusive feature of unmarked or camouflaged cars, but in the back window there is another hidden illuminated display. This display will once again say the words “G.Civil”, “Trafico” and “Alto”, alternating and accompanied by flashing blue lights on the matrix. The cars also carry a detachable rooftop blue light, but it is unlikely this will be used as part of the procedure to stop you. Always remember the key point of identifying a Guardia Civil Trafico Car. The matrix sign in the front and rear and the officers wearing uniforms. If you are ever in any doubt as to whether you have been stopped by a real Guardia Civil patrol, you can always call 062 and quote the registration number of the vehicle, but these key points, we hope, will also help you stay a little safer on the roads.      Source: Guardia Civil - Spain.  See http://n332.es/ What do I do if I have received a road traffic offence fine? The DGT Spanish traffic department has expanded some of the information on their website to include more details in languages other than Spanish, namely English, French and German. On the main page of their website, http://www.dgt.es/es/, information is now available in English which tells you what to do in the event of receiving a traffic violation ticket. Once you click on the link in English, the sections are then presented in five topics, detailing what to do if you have received a traffic violation ticket, how to identify the offending driver if it was not the vehicle owner, and details of how to appeal against and pay a fine, as well as their contact details. Each one of the topics then explains, in detail, the procedures to follow. You can read the information at any time, whether you have received a fine or not, so it is worth visiting the site to become accustomed with the procedures in the event of receiving a fine in the future. Is it true there is a two month law to cancel an insurance policy in Spain? There exists in Spain, a two-month insurance policy cancellation law.  Below you can read what our legal associates, Navarro & Hernandez Abogados say about this law. HOW TO AVOID TO BEING IN BREACH OF YOUR INSURANCE CONTRACT BY GIVING TWO MONTHS NOTICE IN WRITING Over last few years, there has been a huge amount of breaches of insurance contracts as policyholders cancel their policies before the end of the term. The reasons could be different such as they might find a cheaper policy, or better cover or because policyholders decide to go back to UK. Before cancelling any insurance contract, it is advisable to check termination clauses set out in the contract in order to find out the length of the contract and time notice that you agreed to give the insurer at the time you contracted the policy. It could be that nothing is stated about the cancellation period required, in which case you should be aware of what Insurance Law Act 50/1980 dated 8th October says about it. Article 22 of the aforementioned law establishes that policyholders must notify insurance companies by giving at least two-month notice before the end of the contract otherwise the insurance contract might be extended yearly, and policyholders will be liable to pay the full year premiums notwithstanding they have cancelled the policy. Moreover, insurance companies will be entitled to sue policyholders in order to recover their unpaid annual premiums. The said law does not mention the way of notification so that means that it could be a letter, email or even a telephone call. However, lawyers highly recommend our clients to notify insurance companies by sending a kind of notification written in Spanish called burofax (with certification of content). That kind of service must be sent from any post office to the registered address of the insurance company even if you send a copy of the burofax to the broker address for their knowledge or just for courtesy. The content of the notification could say something to the effect of; “according to the termination clause of the contract or according to the article 22 of the insurance contract act you give two month notice to the insurer in order to cancel the insurance contract” in due time without any renewal. However, it would be advisable to instruct a lawyer or to get appropriate advice in order to draft that official cancellation letter *** as individual cases could be different to each other. By Maria D.Hernandez Ruiz. Spanish Lawyer Navarro & Hernandez Abogados www.nhabogados.com ***  Click here to view a specimen Motor Insurance Policy Cancellation Letter My Insurance Company have renewed my policy without my consent, can they do that? Yes.  In Spain, when you arrange an insurance policy, you agree to the Terms and Conditions of the policy, one of which is the automatic annual renewal of the policy unless you cancel within the statutory two-months. If the premium has been taken from your bank account or card and you have not given the statutory two-months cancellation notice, the insurer is not legally obliged to return it. I have received a fine because the registration number is not correct on my Motor Insurance Certificate, what can I do? When you arrange a motor insurance policy and receive the insurance documentation, you should always check this against the vehicle documentation.  If anything needs correcting, it should be done immediately.  It is the responsibility of the the owner to ensure that all of the documentation is correct. Please note, when we arrange a motor insurance policy, we always repeat the registration number quoted when it is given. I have heard I have to keep my car insured even if I am not using it.  Is this correct? Yes.  In Spain, the law states that a vehicle has to be insured for a minimum of third party cover at all times - even if it is not being used. My Insurance Company did not remind me to renew my motor policy.  I now have a large fine and my car is impounded, what can I do? Although we employ a dedicated Renewals Clerk, not all Insurance companies or their Agents/Brokers in Spain send out motor insurance renewal reminders, therefore the important fact to remember is that it is the responsibility of the driver to ensure the vehicle is insured.  Penalties for driving in Spain without insurance are high and include both a heavy fine and the vehicle being impounded. Is there any sort of Legal Protection that I can obtain in case I need assistance? The vast majority of motor insurance policies issued in Spain include Legal Assistance.  If you are faced with a legal matter, you should seek advice from the help-line telephone number printed on your policy documentation. Do I have to replate my UK registered car when I bring it to Spain? For information in relation to replating a vehicle in Spain please follow this link.  There are both legal and practical issues involved both prior and throughout the replating process.  This information is provided by Spanish-Number-Plates, who are specialists in the field of the re-registration of vehicles in Spain. Is a British motor insurance policy issued in Spain legal? Yes of course it is, although some Spanish insurers would like to persuade you it is not! A British motor insurance policy issued in Spain is no different to a Spanish one although the Policy Wording and support will be in English and in many cases the Certificates will be bi-lingual. Your insurance policy is registered in the same way as any other and it is also recorded on the British Insurance Database meaning that both the DVLA and British Police will also be aware that your vehicle is insured. You can also tax your UK registered vehicle using one of these insurance policies. Can I obtain insurance on my UK registered car whilst I am having it replated? We insure cars, motorbikes, vans and other vehicles that are registered in the UK. The vehicle can be right or left hand drive. These policies comply fully with Spanish Insurance Legislation and are recorded on the Trafico National Insurance Database. In some cases we can also offer temporary insurance cover for vehicles registered in other European countries, provided it can be demonstrated that the initial steps toward registering the vehicle onto Spanish plates have or are about to be taken. My friend told me that breakdown assistance is mandatory on all vehicles in Spain.  Is this true? Most insurance companies automatically include breakdown recovery as part of the insurance package. If Breakdown Recovery is not automatically included we recommend you request it, not least because it is illegal to tow a vehicle on the roads in Spain, but also because if you are unfortunate enough to have an accident with no Breakdown Recovery, the police will arrange recovery which can prove expensive. I have a property with a mortgage and my bank told me I have to insure the property with them.  Can't I chose my own insurer? If you are purchasing a property on a mortgage, you will need to take out, at the very least, Buildings (and often Life) Insurance. Many banks insist you take out your insurance with them. Some will even imply it is a condition of the mortgage that you take the insurance out with them. IT IS NOT. Though it is a condition of the mortgage that the property is insured, you are legally entitled to purchase your insurance from whoever you wish provided the insurance covers the mortgage and names the bank as beneficiary. If you take out your insurance with a bank the chances are you will be paying very much more than the normal price for it !