Allianz sues the Ribeira Council for damages to a BMW on a roadside verge

The Ribeira City Council has summoned the interested parties in the contentious-administrative appeal (abbreviated procedure) 263/2026, filed by Allianz Seguros y Reaseguros, S.A. and Pablo Fernández Domínguez against the dismissal of their claim for financial liability for damages suffered by a BMW vehicle. The Mayor’s decree, signed on October 15, 2026, by Mayor María José Sampedro Fernández, is published in the Official Gazette of the Province of A Coruña (BOP) no. 204, corresponding to October 26, 2026, with official reference 2026/6858.

The origin of the litigation lies in an official letter sent by Court number 1 of the Contentious-Administrative Section of the Court of First Instance of Santiago de Compostela, which ordered the Council to send the administrative file and to summon any persons appearing as interested parties in the procedure. The processing is based on Article 49 of Law 29/1998, of July 13, regulating the contentious-administrative jurisdiction, which mandates notifying the opening of the appearance period through publication in the provincial gazette when personal notification is not possible.

The accident and the initial claim

The procedure dates back to an accident that occurred on December 3, 2024, when the vehicle collided with the edge of a guardrail while traveling along Rúa Castelao, heading towards the Port of Aguiño, in the municipality of Ribeira. The financial liability claim was opened under file 2025 RESP000019.

The data appearing in the resolution are as follows:

• Plaintiff entity: Allianz Seguros y Reaseguros, S.A.
• Individual plaintiff: Pablo Fernández Domínguez
• Insurance company representation: Araceli del Río Otero
• Vehicle: BMW, license plate 5581MSV
• Date of accident: December 3, 2024
• Location: Rúa Castelao, towards the Port of Aguiño
• Administrative file: 2025 RESP000019

The municipal dismissal and the move to court

The Local Government Board of the Ribeira City Council, in a session held on June 11, 2026, agreed to dismiss the financial liability claim presented by Araceli del Río Otero in the name and representation of the insurance company and the driver. In response to this agreement, the plaintiffs pursued the contentious-administrative route, which led to abbreviated procedure 263/2026.

The Mayor’s Office agreed on September 18, 2026, to send the corresponding administrative file to the court, in compliance with Article 49 of Law 29/1998. The decree now being published, dated October 15, 2026, provides notice of this summons to all persons who may have a legitimate interest in the outcome of the procedure.

Nine days to appear as a party

Interested parties have a period of 9 (nine) days to appear as a party, counted from the day following the publication of the resolution in the Official Provincial Gazette. The hearing will be scheduled when the judicial calendar permits.

The resolution warns of two consequences for those who do not act in time:

• Those who appear outside the indicated period will be considered a party only for the proceedings that have not expired.
• Those who do not appear in a timely manner will see the processing of the procedure continue without any obligation to provide them with any subsequent notification.

The announcement is inserted in the Local Administration section, within the municipal section dedicated to the Ribeira City Council, and bears announcement number 2026/6858.

Relevance

The publication affects any person who considers themselves interested in a case of damages caused by an alleged defect in the maintenance of the public road, as only by appearing within the nine-day period will they be able to defend their arguments in court. Furthermore, the case illustrates the usual circuit of these disputes: a prior claim before the City Council, dismissal by the local governing body, and subsequent judicial review in the Contentious-Administrative Section of the Court of First Instance of Santiago de Compostela, which will decide if the municipal agreement of June 11, 2026, complies with the law.

Source: Official Provincial Gazette of A Coruña (BOP), no. 204, October 26, 2026, Local Administration, p. 1 (official reference: 2026/6858).