The decision, outlined in a decree signed on April 19, 2026, by the legal secretary of the Justice Administration, rejects the insurance company's request to participate in the proceedings solely as an injured party.
The conflict originated from a procedural order issued on February 27, in which the investigating judge ruled that the insurer should be considered a party with direct civil liability, given its role in covering Renfe, the owner of the Alvia train involved in the incident.
“"Insurers covering risks derived from an activity must respond civilly directly when the insured incident occurs, regardless of whether they can subsequently claim against those responsible."
The insurer had argued that its policy corresponded to mandatory passenger insurance and that its involvement was limited to the eventual recovery of compensation paid to passengers, thereby denying direct responsibility for the accident. However, the court bases its decision on Article 117 of the Penal Code.
Additionally, the order from the Montoro Court of First Instance deems it premature to recognize the insurer as an injured party, as the investigation is in its initial phase and potential criminal liability for the accident has not yet been determined. It also recalls the doctrine of the Supreme Court, which allows insurers to claim as a civil party only after having paid compensation and subrogated themselves to the position of the injured parties.
This judicial resolution leaves open the possibility that the insurer's procedural situation may change in later stages of the proceedings, once such payments are accredited.
