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Law in Spain

Law in Spain is a dedicated Blog to advise British Expats living in Spain about their legal issues through the expertise of Abad Abogados lawyers. The main purpose of this blog is helping Expats to find useful and updated legal tips to deal with Spanish Bureaucracy.

How to make a claim against an insurance company in Spain
23 October 2015 @ 12:09

Life in Spain is great whilst everything is going well. However, when there is a problem, we often find ourselves feeling extremely frustrated, especially when having to resolve insurance issues.

Nowadays, many insurance companies offer English speaking telephone operators which of course makes life a whole lot easier, especially when faced with making a claim.

Whether it be home, car, travel, life or any other type of insurance, the first thing you should always do when you take out a new policy is check the policy documents to make sure that the cover you have is adequate and as expected. You should always keep a full copy of the signed policy, including any special and general conditions in a safe place, so that you can locate them easily should the need arise.

In the event that you need to make a claim on your policy, you should contact your insurance Company as soon as possible. Your policy may have a time limit for making claims – and even if it allows you plenty of time, it’s always best to do it while the information is fresh in your mind.

Most claims will be processed speedily and without any problems. However, what happens if your claim isn’t?

These days, we are receiving an increasing number of enquiries where clients have experienced problems with their insurance companies. They may cause unjustified delays on a life insurance policy or even refuse to pay the compensation altogether. Equally for theft claims, they may try to deny the claim completely, or pay out an amount less than they should for the insured goods that have been stolen.

If this is the case, we advise you to contact your lawyer as they will be able to assist you in making your claim against the insurance company, by following these steps:

  1. Your lawyer will check that you have communicated everything necessary in writing and have received evidence from the Insurance Company that they are in receipt of your correspondence.
  2. If the insurance company fails to comply with what has been stated you may file a formal complaint with your insurance company’s Customer Service Department or directly with the Insurance Ombudsman. Your insurer is obliged to provide you with the Ombudsman’s contact details or you can obtain them at www.dgsfp.mineco.es (Dirección General de Seguros- known as the DGS). You or your lawyer should ensure that your complaint has been received by asking them to acknowledge receipt of it. They must respond to your complaint within two months.
  3. If they fail to respond during this time or you are still not in agreement with their decision, you can lodge a new complaint with the DGS who will act as a mediator. After having heard from both parties the Ombudsman will issue a report stating whether in their opinion the insurer has complied with the law and the governing rules of fair practice or not.

 

  1. If you disagree with the DGS’ decision or the insurance company fails to adhere to their obligations as stated in the report, it will be necessary to take the case to court.

You should be aware that you can go directly to court without first filing a complaint to the customer service department or the DGS Ombudsman, but it is often best to try and resolve it with the Insurance Company first. Your lawyer will be able to advise you which course of action would best suit your individual case.

We here at Abad have assisted many clients in such claims and would be more than happy to discuss the individual details of your potential claims with you.



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