What to do in a rental car accident in Málaga (step by step)
Posted on 10 April 2026
Having an accident or a breakdown with a rental car can be a stressful situation, especially if you are traveling. At Helle Hollis, we want you to have everything clear from the very beginning.
In this guide, we explain step by step what to do, what your insurance covers, and how we act to help you.
- Secure the area
- Check for injuries
- Call 112 if necessary
- Contact Helle Hollis
- Collect information and take photos
First steps after an accident or breakdown
In the event of an accident or breakdown, the first and most important thing is to stay calm. Prioritize your safety by following these steps:
- Make sure all occupants are safe
- If possible, move the car to a safe place
- Turn on the hazard lights
- Place the V16 warning light on the roof of the vehicle to signal your position clearly and safely (you can see how it works in our guide about the V16)

- If there are injuries, call 112 immediately
What to do depending on the type of incident
Each situation requires a different response. That’s why it’s important to know how to proceed both in the case of a breakdown or flat tire and in the event of an accident.
Breakdown or flat tire with a rental car
If you have a mechanical problem or a flat tire that prevents you from continuing your journey, you must call us immediately (office or assistance phone number). At Helle Hollis, we will request a tow truck to assist you on the road.
What happens next?
- If you are near our offices: the vehicle is taken to a nearby workshop or to our facilities for inspection and repair
- If it is a minor issue (such as a flat tire): it may be resolved on the spot or at a nearby workshop

- If it occurs outside workshop hours or at night: they take the vehicle to an operational base. In this case, Helle Hollis will arrange assistance so you can get to your accommodation, usually by a taxi coordinated by our team, at no cost to you
- If the vehicle cannot continue in use: you will need to return to Helle Hollis, where we will manage the replacement with another rental car, following the appropriate procedure
Accident with another vehicle
If you have had an accident with another vehicle during your rental, it is also important not to panic and to follow the proper procedure to manage the situation.
Once the area is secured (following the previous recommendations), contact Helle Hollis. This will allow us to activate assistance as soon as possible.
What to do if both parties agree
If both parties agree on what happened, you must fill in the European Accident Statement (amicable report).

The amicable report is a standard document in Europe that includes the details of drivers, vehicles, insurance, and a description of the accident. This document allows insurance companies to handle the claim more efficiently without police intervention.
- If you have any doubts while filling out the report, contact Helle Hollis before signing it. Once signed, it cannot be modified, and any differences between copies could invalidate it
- In the glove compartment of your rental car, you will find the English version of the document
- Sign the document together with the other driver
- We recommend taking photos of the damage to both vehicles and their position. The more information, the better!
What to do if there is no agreement between the parties
If there is no agreement about what happened, you will need to call the police so they can file an official report. The police report will serve as an official document to determine responsibility. In this case, we always recommend:
- Taking photos of the accident scene and the vehicles
- Collecting the other driver’s details (especially the license plate)
- Noting any relevant details (date, time, location)
Where do I change a rental car?
If the vehicle cannot continue in use, whether due to an accident or breakdown, at Helle Hollis we offer you the possibility to replace it with a new one.

In this case, it is important to emphasize that the wealways carry out the exchange at our offices, where we prepare a new contract.
Who pays for damages in a rental car
One of the most common questions among our customers is whether they will have to pay after an accident. The answer depends on the type of insurance contracted and who is responsible for the accident.

If the accident is your fault
If you cause the damage (for example, while parking, scraping a column, or having a minor collision), you will have to cover the repair costs up to the excess limit, unless you have taken out full coverage insurance.
How the excess works (basic CDW insurance)
The excess is charged as a deposit when collecting the vehicle.
👉 This means:
• If there is damage → the deposit will be used to cover the repair
• If the cost is lower → the difference will be refunded
• If the cost is higher → you will only pay up to the excess limit
Practical example:
• Excess: 600€
• Damage: 300€ → 300€ is refunded
• Damage: 1,000€ → you only pay 600€
👉 Important:
Basic insurance does not cover certain damages, such as underbody, tires, or windows.
Full coverage insurance (zero excess)
To avoid unexpected costs, you can take out the Super excess waiver, which removes the excess. This insurance includes additional coverage for elements not covered by basic insurance, such as the underbody, oil pan, or clutch, among others.
👉 In practice:
In most cases, you will not have to pay anything for damages (as long as the contract conditions are met).
Cases where insurance does not cover damages
Insurance may not cover damages in cases of misuse or negligence, for example:
- Driving under the influence of alcohol or drugs
- Driving off authorized roads (beaches, unsuitable paths, etc.)
- Ignoring vehicle warnings (dashboard lights)
- Allowing an unauthorized person to drive
- Using the car outside the Iberian Peninsula
- Damage due to improper use (clutch, underbody, etc.)

In these cases, the customer may have to cover the full cost of the damages and other associated expenses.
What happens to the deposit after an accident
If you have insurance with an excess, the deposit may initially be used to cover vehicle damage, even if the accident was not your fault.
This is because, at the time of the incident, responsibility has not yet been confirmed, and the process between insurance companies is not immediate.
After an accident, how long does it take to get the deposit back?
In the event of an accident, any process related to costs or refunds will depend on the resolution of the case and the insurance companies involved. From our experience at Helle Hollis, it is important to keep in mind that this process requires patience, as insurers must analyze the case, review all documentation, and determine final responsibility.
Frequently asked questions about rental car accidents
How long does it take to refund the deposit?
If there has been no incident, the deposit is refunded immediately at the end of the rental, although it may take a few days to appear in your account depending on your bank.
Is it mandatory to call the police?
Not always. It is only mandatory if there are injuries, if there is no agreement between the parties, or if the other driver flees the scene. In minor accidents with agreement, filling in the amicable report is sufficient.
What happens if there is no amicable report?
Without an amicable report, handling the accident may become more complicated, delayed, or even unsuccessful. In these cases, it is advisable to call the police so they can file a report to help determine responsibility.
What documents do I need after an accident?
You will need the amicable report (if applicable), your physical driving license, the other driver’s details, photos of the accident, your rental contract, and any additional information that helps manage the claim properly.
What should I do if the other driver flees the scene?
You must call the police immediately and provide as much information as possible (license plate, model, direction they went, witnesses). It is also important to take photos.
What happens with parking damage without witnesses?
You must inform Helle Hollis and take photos of the damage and surroundings. In these cases, as it is not possible to identify a responsible third party, the damages are usually managed through the insurance excess.
Facing an accident or breakdown with a rental car can be stressful, but with the right information and by staying calm, the whole process becomes much easier to manage.
If you want to stay prepared for your trip, we recommend reading other articles on our blog where we explain in detail topics such as the amicable report, insurance, or tips for driving in Spain.