You've Sold Your Car - But Are You Still Responsible?

This is something that comes up on a regular basis and has been commented on various social media sites recently.

You have agreed a sale for your Spanish registered car, either by part exchange at the garage or by private sale to an individual. There is a piece of paper to show what you agreed, so it's all good. Or is it? Have you confirmed that the car documents have been transferred into the new person's name?

The system in Spain when you sell a vehicle is very different to the UK. You don't both just sign the V5C and send it off to DVLA, then a few weeks later the new owner gets a new V5 in their name all for the cost of a stamp and envelope. In Spain it is somewhat more complicate and generally requires the assistance of someone who knows what they are doing like a Gestor.

The person listed as the registered owner of the vehicle in the database at Trafico is the person considered to be responsible for anything relating to the vehicle. All Suma bills, fines, damage etc will come back to you. In addition, as the car is insured and not the person, you will be responsible for ensuring that the car is insured (this is a legal requirement).

You might think that by selling/part exchanging your vehicle at a garage this will all be done for you - wrong. You need to ask what they intend to do about the transfer. In some cases they will do the transfer straight away, but in others they will wait until they have a purchaser and do the transfer from you to the purchaser, so they don't incur additional costs. Yes, like everything else there is a cost. The costs depends upon a variety of factors including age of the vehicle, value etc.

Whilst some insurance companies will accept a sale/compraventa document to cancel the insurance, most of the Spanish companies will want the document that shows the transfer of ownership is in progress 'Justificante' or a copy of the 'Permiso de Circulación' in the name of the new person.

If you sell privately, arrange a time with the purchaser to visit the Gestor and arrange the transfer. This way you can get a copy of the Justificante and know that everything is being done properly, so no nasty surprises in the future.

Drinking and Driving in Spain - Do You Know the Consequences?

The sun is out, the sky is blue, evenings are warmer and longer so the temptation to get together with friends for a drink is probably higher up the to do list than normal. But how many alcoholic drinks can you have before you are over the limit to drive and what are the consequences?

Realistically, we all know the consequences and always intend to have 'just the one', but a second/third one won't hurt will it?

At present the levels of alcohol allowed in Spain before driving are as follows:

General Drivers - 0.3mg alcohol per litre of air or 0.5g alcohol per litre blood.
Young or Professional Drivers - 0.15mg alcohol per litre of air or 0.3g per litre of blood.

There has been talk of zero tolerance which is still under discussion.

As you can see by the limits above, the levels are not high. Reaction to alcohol will differ from person to person and the percentage of alchol in wine for instance can differ, so not one can actually say whether the limit is reached with 1 glass, 2 or more.

If you are stopped by the police and asked to take a breath test it is advisable to take the test and not refuse. As you can imagine in Spain, like most other countries there are penalties for refusing. If the first test comes up positive, you can ask for another test to be take 10 minutes later and then request the results be confirmed by a blood test.

So what are the penalties?
The penalty you receive will depend how far over the limit you are. At present the fines range between 300.15 - 601.01euros, but there is ongoing discussion to increase this to 1.000euros plus. In addition, you could be looking at loss of your licence for 3 months to 4 years, community service or imprisonment.

Is that extra drink really worth the risk?

Travelling or Visitors Arriving this Summer? - Information from the British Embassy

Whether you are looking to take off yourself on holiday, or playing the host with the most to family, friends or guests this summer, you need to advise your visitors to ensure that they get an EHIC health card and travel insurance.

The British Embassy is urging people to remember to bring the often forgotten and essential European Health Card. 

When your visitors ask what the weather is like and what to bring, make sure that the EHIC and travel insurance are on the list.

The EHIC card is easy to obtain before you travel - check out www.ehic.org.uk - it costs nothing to obtain.

Getting this card will provide peace of mind. Whilst we all have ideas of fun filled, sunny, trouble free days, things can go wrong when you least expect it. The EHIC will help ensure that you don't end up with a large hospital bill that you didn't anticipate.

Comprehensive Travel Insurance should also be on the list for both your travels and your visitors. It covers all the extras that the EHIC doesn't, such as repatriation in the case of medical emergency. The EHIC will cover emergency treatment at the local doctors or hospital, but that is all, it won't get you home.

When taking your travel insurance, remember to advise the insurer if you have any pre-existing medical conditions and check that they will be covered. Most companies will either accept conditions as part of the policy, or ask you a few questions and you might need to pay a little extra for the health coverage. Either way, if you don't declare medical conditions this could invalidate the cover on your policy. You won't fool the insurers, they will investigate and they will find out your history.

Every year Consular staff in Spain are asked to assist hundreds of Britons who have failed to take out travel insurance, or who have invalidated their policies, and who have ended up facing huge bills when attending a private clinic or hospital.

Visitors to Spain should be aware that they do not have to provide travel insurance as payment for urgent/necessary medical treatment in a public or state healthcare facility. They should insist that their EHIC is accepted. Anyone asked to sign a form or disclaimer in a state hospital should check that they are not forfeiting the right to be treated under an EHIC. 

If an EHIC is refused or there are other concerns about using an EHIC whilst in Spain, call the Department of Health team at the British Consulate on 902 109 356.

A visitor who needs to see a doctor and doesn't have an EHIC with them can also get a Provisional Replacement Certificate from the Overseas Heathcare Team in Newcastle on +44 191 218 1999.

For more information on EHIC entitlements, visit www.healthcareinspain.eu

Travel safely knowing that you have the right documents and are fully covered.

Car Insurance - Should I Cancel It Whilst I'm Away?

Many of you will spend part of your year living in Spain and part in another country, but have a vehicle that you leave here in Spain whilst you are away. We are sometimes asked to cancel insurance policies on vehicles "because I won't be using it for the next x number of months". How many of you realise that this isn't legal?

With a Spanish insurance you will usually insure the vehicle for any driver over the age of x (check with your company as they all vary), or you will expressly state named drivers. In the UK the insurance covers the person and not the vehicle, totally different.

The law in Spain states that every vehicle must be insured, unless it is listed in Trafico records as being off the road or scrapped (like the UK Sorn).

Many of you will lock the vehicle in a garage, behind locked gates, in secure parking etc, but what happens if you have cancelled the insurance and the vehicle does get stolen?  You, as the registered owner would be held liable for any accidents, damage or personal injury that occurs if the vehicle is being driven by an unauthorised driver, as it is your responsibility as the registered owner to have the vehicle insured at all times.

None of us have a crystal ball to know whether this will happen or not, but in the current climate where people are getting desperate, it is worth giving serious thought before you ask for the policy to be cancelled, as it could cost you more than a year's insurance.

What To Do In Case of A Car Accident In Spain

Most of us at some point in our driving lifetime will unfortunately have an accident.  Whether it is your fault or the other party, would you know what to do? 

Hopefully this short guide might help you:

Check that everyone is ok and no one is requiring medical attention. If medical assistance is required call 112 and request an ambulance (you will get the police as well).

If the vehicles are blocking the road, move them (if possible) out of the way of the traffic. If not, put out the warning triangles and get someone to assist with directing/stopping the oncoming traffic. Take photos of the vehicles before they are moved and the individual damge on both afterwards. Most mobile phones have a camera nowadays.

Both parties complete the Accident Statement Form (Declaración Amistosa de Accidente). Make sure that all the details are correct and that a cross has been inserted into the middle panel (Circumstances) to show what was happening just prior to the accident. Draw a picture in the box and both parties sign the document. Ensure that you are happy with the information on the document before you sign it. If details are incorrect and you sign this document, you are confirming that you agree with the incorrect details.

This is where the fun begins.  If the the other party has completed their part in Spanish and you don´t understand it, or they have completed a Spanish version of the from. Where possible, we always send our clients a copy of the form in English, so get your copy out and check the translation of the various parts of the form. You possibly won´t be able to understand what the other party has completed in Observations, but make sure that your part is correct.

Check that the drawing represents what happened. ONLY sign the document if you are happy that it represents what actually happened. Once the signed form is sent to the insurance company they will act on the details provided. If the other party was at fault, but have indicated that the accident was your fault and you have signed the document to confirm this, without putting any comments of your own, you might find yourself being held responsible and losing your no claims bonus. If a third party (even the Police) fill out the form for you, check as best you can that the details are a correct representation, as even they get it wrong sometimes.

The form is in 2 parts and each party should keep a part to hand to their insurance company.

Happy motoring.

Who Do You Love More? Your Family or the Taxman?

Fact: Most people make no plans to eliminate or even reduce their potential liability to Inheritance Tax in Spain. Many don't even think they need to pay Inheritance Tax. Wrong!

It is like welcoming the taxman into your family, inviting him to become a beneficiary to assets that you have taken a lifetime to accumulate.  Of course, no one intends to die, but unfortunately we cannot stop the process.

If you put off what needs to be done you run the risk of leaving your family with a truly memorable legacy - a whopping big Inheritance Tax bill.

By doing something it is possible to reduce your potential tax bill by 99%!

Did you know:
- Inheritance Tax in Spain is levied on the beneficiary, not the deceased's estate, as in the UK.
- Unlike the UK, there is no exemption between husband and wife.
- You could be liable to Spanish Inheritance Tax even if you are a non-resident for tax purposes and your property is only for holidays.
- You could be liable to pay Spanish Inheritance Tax on any worldwide assets left to you by your spouse.
- Spanish Inheritance charges can be as high as 81.6%.
- Any jointly held bank accounts in Spain could be frozen following death.
- The house in Spain cannot be sold by the beneficiaries to pay for any Inheritance Tax liability.
- A beneficiary has 6 months to settle the liability before possible surcharges, interest or even fines are incurred.

With a little planning:
- Your beneficiaries could avoid being charged Spanish Inheritance Tax
- You could retain access to your assets during your own lifetime.

If you would like to know more on this subject, contact us on 966 494 176

How Do I Claim on My Travel Insurance?

It is coming to that time of year when we think about going away on holiday. Tickets booked, bags packed, travel insurance purchased and off we go. But then something happens whilst we are in transit or away and we want to claim on the travel insurance, so what do we do now??

Claims for delays, cancellations or lost/damaged luggage, always keep any documents, receipts and if possible the damaged item. If you can't keep the item then make sure that you take plenty of photos from all angles, preferably with a date stamp on the photos. If items have been damaged in transit make sure you report it to the relevant company and get something in writing from them to confirm your complaint.

Medical situations will depend on the severity of the illness. If it is a minor complaint that can be dealt with by a doctor as an outpatient, make sure that you keep any paperwork/receipts, as generally you will have to pay for the treatment/medication and claim this back from the insurance company.

If inpatient treatment is necessary, you or your representative will need to call the assistance number that is provided by the insurance company on your policy. They will then discuss your needs and requirements with the hospital and make arrangements/payment for you.

In all cases, keep all receipts and paperwork that might be needed at a later date to assist with your claim. If in doubt, read the terms and conditions that come with the policy as it will tell you the minimum information needed.

"I've booked a trip but changed my mind about going. Can I claim my money back under the cancellation cover?" No. There has to be a particular reason to cancel and changing your mind isn't one of them.

The airline/airport might be closed due to a strike. Can I claim for this if I can't travel? This depends on when you booked the trip. If the strike had been advertised for a certain date and you booked a trip for that date knowing that you might not be able to travel, then the insurers will probably not cover it. If you booked before any announcements were made, fully covered.

Going back to the medical cover and on a slightly different issue, the EHIC card. There have been many reports in the press recently where hospitals/GPs in Spain have not accepted this card. If you are considering using this option to obtain emergency treatment make sure that you visit the right place. Spain has social security hospitals/GPs (NHS equivalent) which will accept the EHIC card for emergency treatment, but you might find that spoken English is limited and a translator or assistance necessary. There are a great many private hospitals/GPs who will speak English, but will not accept the EHIC card and will require payment for treatment. It is always best to check before making an appointment or receiving treatment so there are no nasty surprises at the end.

Happy travelling.