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Civil

Claims against insurance companies

If your insurer rejects a claim, is slow to pay or offers you less than you are owed, we help you recover what your policy covers. We act for policyholders, beneficiaries and people harmed by an insured party. We review the policy and the loss, claim against the company and, if necessary, go to court.

By Aida Elias Soguero, ICAB member no. 44021 · Updated on 14 October 2026

In brief

Who it is for
Policyholders, insured persons and beneficiaries of any insurance, and third parties harmed by an insured party.
Time limit to claim
Against your own insurer: two years for damage insurance and five years for personal insurance (art. 23 of the Insurance Contract Act).
Where to claim
First, with the insurer's customer service department (one month to decide); then with the Directorate-General for Insurance and Pension Funds (DGSFP) or the courts.
Fees
We quote them in the first consultation (€40), with the option to pay in instalments.

What you need to know

  • Notify the insurer of the loss within seven days of becoming aware of it, unless the policy allows longer.
  • The insurer must pay once the necessary assessments are complete and, in any event, pay the minimum amount it owes within 40 days of receiving the claim notification.
  • If it fails to pay within three months of the loss without good reason, it owes late-payment interest: the statutory interest rate plus 50%, and at least 20% after two years.
  • Clauses limiting your rights must be specially highlighted and specifically accepted in writing; otherwise, whether they can be relied on against you may be disputed.
  • In damage insurance, if there is no agreement on the amount, each party appoints an expert; the insured has 180 days to challenge the expert opinion in court.
  • Anyone harmed by an insured party can claim directly against the liability insurer (direct action).
  • Complain in writing to the customer service department, which must reply within one month; if you took out the policy as a consumer, this satisfies the prerequisite for suing (Organic Law 1/2025).

How we help you

  1. We study your case

    We analyse the policy, its general and specific conditions, the claim notification and the company's response, and check the time limits.

  2. Complaint to the insurer

    We file a written complaint with the customer service department or the customer ombudsman and, where appropriate, with the Directorate-General for Insurance and Pension Funds.

  3. Expert assessment and negotiation

    If the dispute concerns the valuation, we coordinate the expert procedure and negotiate a solution with the company that avoids litigation.

  4. Court claim and recovery

    If no agreement is reached, we sue in the competent court (if you are the insured, the court of your domicile), also claiming late-payment interest, and follow the case through to payment.

Frequently asked questions

What should I do if the insurer rejects my claim?

Check the reason for the rejection and whether it relies on a limiting clause, which must be highlighted and accepted in writing. Complain to the insurer's customer service department (one month to reply) and then to the Directorate-General for Insurance, whose report is not binding, or go to court.

How long do I have to claim against my insurer?

Actions arising from the contract are time-barred after two years for damage insurance (fire, theft, liability, legal expenses…) and five years for personal insurance (life, accident, health, funeral…). When the period starts depends on the case, so it is best to consult us early.

Do I have to try to reach an agreement before going to court?

Yes. Since 3 April 2025 the law generally requires an attempt at an appropriate dispute resolution method before suing. If you took out the insurance as a consumer, it is enough to have complained to the insurer without a timely or satisfactory reply, or to have obtained a decision from the Directorate-General for Insurance.

Legislation

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