El blog de Maria

One of the most common problems within Insurances is when the insured has “non conformance” with the report on the accident made by the Insurer´s surveyor.

In many occasions, the compensation valued by the Insurer’s surveyor is not enough and in other occasions, the Insurer considers the incident not being covered by the Insurance.

Legal and judicial proceedings might be needed then:

The procedure begins with the appointment of an expert by each party. Those experts might reach an agreement which will be exposed in a joint report which shall state the grounds of the incident, the assessment of damages, other circumstances that affect the determination of compensation, depending on the insurance in question and the liquid amount of compensation.

If there is no agreement among experts, both parties shall appoint a third expert or it will be named by the corresponding Judge of First Instance

How to act in case of an insured incident:

The holder, insured or beneficiary of the Insurance policy must report the accident to the insurance company within five working days, stating the circumstances and consequences of the accident.

Once the accident is reported to the insurer, the Company will send an expert for the analysis and evaluation of the incident. After the valuation by the expert, the insurer must pay the agreed compensation, repair or replace the insured object.

The Insurance Company is required to pay at least the minimum amount within forty days of being notified of the incident and to complete the payment within three months from that date.

If the insurer fails to pay the compensation within a period of three months, the possibility for judicial request of the amount is open: this claim will comprise the assessed amount, plus legal interests plus compensation for the damages that this delay may cause.

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

Zahara de los Atunes beach by Iman Dryke