What compensation can Toledo train crash victims and those unable to travel claim?

Those who were unable to leave their station also need to know what to do: their rights are not limited to being reimbursed for the cost of their journey.

Lawyer Damián Vázquez specialises in civil liability and insurance and is a member of AnavaRC (association of solicitors for accident victims and civil liability). He advises starting by gathering the necessary documents. You can then submit them to prove your status as an injured party and claim compensation.

The ticket or booking reference serves as proof that you were travelling on the train and enables you to claim under the insurance cover. Those injured should keep copies of any A&E reports, admission records, surgical records and discharge summaries, as well as records of any rehabilitation or psychological care.

In the event of a fatality, the death certificate, identity documents, family register and proof of kinship will be required.

Insurance covers expenses such as travel, accommodation, living costs and funeral expenses, as well as the value of any luggage or devices that have been destroyed. "Don't just claim a refund for the ticket, but also for any other costs or additional expenses you can provide evidence of," Vázquez says.

For those who have sustained injuries, Vázquez identifies several avenues. Compulsory passenger insurance (SOV), governed by royal decree 1575/1989, provides cover regardless of who is liable. As he explains, the payout for death amounts to 72,121 euros and covers both immediate death and death occurring within 18 months as a result of the injuries. Disability is assessed in accordance with the relevant scale.

Urgent financial needs also feature. European regulation 2021/782 provides for a minimum advance payment of 21,000 euros per deceased person, which must be paid within a maximum of 15 days of the beneficiary being identified, explains the lawyer. It is a payment on account. The assistance provided for in royal decree 627/2014 also includes transport, accommodation and subsistence for up to three close relatives, as well as psychological support.

Receiving an insurance payment does not preclude the possibility of claiming other forms of compensation. Vázquez explains that claims for civil liability against the operators, claims for financial liability against the public administration (Adif) and criminal proceedings may be brought, depending on the liabilities determined.

He also refers to direct action against the insurers of Adif, Renfe and Iryo, as permitted by section 76 of the insurance contracts act, and to interest for late payment under section 20 of that act, where applicable.

As a basis for calculating this, the solicitor refers to the traffic accident compensation scale set out in law 35/2015, as updated by law 5/2025. The calculation takes into account personal injury, long-term effects, non-pecuniary damage and loss of income, known as loss of earnings. In the event of death, the amounts are determined by the circumstances of the victim and their next of kin.

As for the injured, assessing their condition takes time. "We will have to wait to see how long they are off work and how serious their injuries are," Vázquez warns. Admission to intensive care, a fracture or permanent after-effects all have different consequences.

Once the injuries have stabilised, the coroner's report will make it possible to determine their full extent. In cases of death, it will be necessary to establish relationships between partners or family members and circumstances such as financial dependence or a disability.

Vázquez is well acquainted with these procedures due to his involvement in the Adamuz case, where he represented the families of the deceased. His firm has brought claims against the companies, arranged for financial assistance and advance payments, and appeared as a private prosecutor. He acknowledges that the payment of compensation has been "swift" and that, to date, the majority of those affected have received it.

The lawyer says that in major disasters such as those that have occurred, case law provides for increases of between 20 per cent and 50 per cent on the standard scale. In the Adamuz case, Vázquez says he secured an additional 50 per cent and argues that this should apply in Toledo.

For those who were unable to travel on Wednesday due to the disruption to rail services to Madrid, the first step is to lodge a complaint with the company, either at the station or online.

Passengers have rights "beyond simply a refund of the ticket". The company must provide free alternative transport, under comparable conditions, to the final destination as soon as possible, whether by another train, a bus or a vehicle.

Is the person affected entitled to a refund for the alternative transport they have arranged?

According to Vázquez, yes, but on one specific condition: under article 18 of regulation (EU) 2021/782, if the railway fails to inform the passenger of alternatives for continuing their journey within 100 minutes of the scheduled departure time or of the disruption, the passenger is entitled to arrange alternative transport (another train, car or bus) at their own expense.

In the case of travel by taxi or plane, the situation is different. The lawyer states that, unless authorised in writing by the operator's staff, the European regulation applies primarily to public bus or train services. "Booking a taxi or flight on your own initiative may be refused if the company can demonstrate that the cost was unreasonable or disproportionate, unless there was no other viable transport option," Vázquez explains.

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