Does Car Insurance Cover Me in a Carpool Accident?

Sharing a car and splitting the journey costs raises a common question: what happens to the insurance if we have an accident? In general, compulsory third-party liability insurance covers damage caused to others, including passengers, when the insured vehicle is responsible for the accident. It does not cover the responsible driver’s personal injuries or damage to their own vehicle. 

Since Sustainable Mobility Act 9/2025 came into force, Spanish law expressly recognises collaborative mobility or carpooling services as private transport when several people share a vehicle for the same journey and, where applicable, share the associated costs. 

The specific cover always depends on the policy terms and the circumstances of the accident. This article is for information only and is not a substitute for advice from an insurer or legal professional.

What insurance covers an accident in a shared car?

Every motor vehicle normally kept in Spain must have insurance covering civil liability arising from its use on the road. This compulsory insurance protects against damage the vehicle causes to other people or property, within the limits set by law. 

Sharing a car and splitting the journey costs does not remove compulsory insurance cover. The key distinction is between passengers and the driver responsible for the accident.

Are passengers covered by insurance?

As a general rule, passengers can claim compensation for personal injury suffered in a road accident, even if they were travelling in the vehicle that caused it. The law provides that compulsory insurance covers civil liability for personal injury and property damage, while expressly excluding injury to or the death of the driver of the vehicle responsible for the accident. 

So, if you are a passenger on a shared journey and are injured in an accident, you may be entitled to claim the corresponding compensation. 

Is the driver covered?

The situation is different for the driver. Compulsory insurance does not cover the personal injuries of the driver responsible for the accident. This exclusion is expressly set out in the legislation on civil liability and motor vehicle insurance. 

A driver may have other cover, depending on the policy they have taken out. For example, some types of insurance include specific cover for the driver’s personal injuries or for damage to their own vehicle. 

If you share a car regularly, it is therefore advisable to check what your policy includes and which situations are covered. 

What happens to insurance when you share car costs?

A common question is whether sharing car costs can affect insurance. Spanish legislation expressly provides for collaborative mobility or carpooling: several people share the same car journey and may share the associated costs. The Land Transport Regulation Act classifies these as private transport. It also allows users to connect through an intermediary platform. 

Splitting the costs of a shared journey is not, in itself, the same as providing a paid public transport service. The legislation allows a cost scale to be established by regulation to determine when the consideration received by a driver could amount to public transport. 

The vehicle’s insurance still depends on the policy taken out. If you are unsure how your insurer interprets your use of the car, the best course is to contact them directly. 

Carpool accident: who pays for the damage?

The answer depends on what damage occurred and who was responsible for the accident. 

• Passengers: Personal injuries may be covered by the compulsory third-party liability insurance of the vehicle responsible. 

• Other people affected: They may also claim the relevant damages from the insurance of the responsible vehicle. 

• Driver responsible: Their own personal injuries are not covered by compulsory insurance. 

Damage to the vehicle itself: Compulsory insurance does not cover damage to the insured vehicle; the policy must include the relevant additional cover for that.