Deadlines for making insurance claims in Spain (and when it is too late)

When it comes to insurance claims, time is of the essence. If you are unsure whether to “claim now” or “wait a while”, my advice is simple: document everything, send a written notice and organise your timeline. At MataSeguros, we deal with home, business, health and vehicle claims on a daily basis; here is what works best.

When does the clock start ticking? The dies a quo with real examples

The confusion almost always lies in the starting point. It is not always ‘the day of the incident’. Consider these situations:

• Damage that becomes apparent later: after a DANA (cold drop), many customers call us weeks or months later because ‘at first it didn't seem like much’. In this case, the clock starts ticking when you can assess the actual damage, not when the first downpour fell. In homes with damp, we use dated photos and a second expert opinion to prove late emergence.

• Injuries and health: in cases of disability and sequelae, the period does not start with the first treatment, but with stabilisation. We request the medical discharge as a useful reference point.

• Businesses and machinery: if a machine “dies slowly”, document breakdowns and failed repairs. This history has saved claims that seemed out of time.

Top tip: set your timeline from the very first minute (notes, emails, reports, photos). And if the insurer sent you a video assessment without measurements, make a note that you requested measurements and they were not taken; if the damage reappears, you will have a basis for the dies a quo.

How to interrupt the deadline (and make a record of it)

Golden rule: ‘document and interrupt in writing: the clock is reset to zero’. Three simple ways:

• Certified fax with text certification and acknowledgement of receipt (preferred for high amounts or if there is resistance from the company).

• Certified mail/notarial letter (frictionless formality).

• Email with acknowledgement of receipt + internal record (for minor damage; accompany it with photos, invoices and report).

What your letter should say (minimum viable)

• Policy and claim details.

• Key facts and dates (brief timeline).

• Specific claim (repair/compensation) and reservation of rights.

• Attachments: invoices, expert report (even if provisional), photos and alternative estimate.

Mini-template (basic text for registered letter/email):

*Subject: Interruption of limitation period and claim — Policy [no.]

I, [Name], policyholder/insured party of policy [no.], hereby formally notify and claim for the claim that occurred on [date] at [address], with damages [brief description]. I request [repair/compensation] for an estimated amount of [€], according to the attached invoices/quotes, and I expressly state the interruption of the limitation periods. I look forward to receiving a reasoned offer within the legal deadline. Yours sincerely, [signature]*

A professional habit that works: attach everything (even if it seems obvious). We have unlocked offers that were 40% of what was due just by organising the evidence.

If the insurance company does not respond: 3 months, reasoned offer and interest on arrears

If the insurer delays and does not issue a reasoned offer, we speed up the process with a clear schedule:

Day 1–15: reminder and sending of complete documentation (if there are conflicting expert reports, attach both).

Day 30–60: formal request and notice of interest on arrears if they do not respond.

Day 90: if there is still no response, prepare an expert appraisal or refer the case to a solicitor. A serious announcement usually speeds things up.

What works best for us is a timeline with each communication and attached evidence. In a case of theft in a shop with erratic processing, this table proved us right and added interest for delay.

Mistakes that cause you to lose your right to claim (in my experience)

• Accepting the first offer: ‘accepting the first offer is usually expensive’. Compare items (labour, VAT, depreciation); I have seen settlements at 40% for not reviewing them.

• Not reviewing underinsurance/capital compensation: if the contents/building are out of date, the compensation falls. Recalculate before signing.

• Relying on video assessments without measurements: useful for a first glance, but requires measurements (m², metres of piping, hours of dismantling) during the visit.

• Letting weeks go by without reliable communication: even if you are expecting a visit, send a written reminder.

• Not coordinating the Consortium and the insurer: in storms, the Consortium covers some items and your policy covers others. Request both in time so as not to miss deadlines.

Real cases (brief) illustrating deadlines

• Consortium + insurer (single-family home): after extreme rainfall, the Consortium covered structural damage and the private policy covered furniture and painting. We opened two claims with their own clock. Moral: dividing items properly avoids losing rights due to overlapping deadlines.

• Healthcare business and VAT: initial offer did not include the correct VAT for various items of equipment. We redid the table and, after a serious request, the amount increased significantly. Moral of the story: check taxation before closing.

• Home and late damp: there was a video assessment without measurements; stains reappeared. We requested a re-inspection with measurements and dated photos: it set a defensible starting date and saved the claim.

Final checklist + quick templates

‘Anti-prescription’ checklist

• Accident report + dated photos/videos.

• Initial quote/invoice and assessment (even if provisional).

• Certified communication sent (registered fax/email with acknowledgement of receipt).

• Review of underinsurance and capital.

• If there is no response, send a reminder and a formal notice (mark 30 and 90 days).

• In catastrophic events, assess the Consortium in parallel.

Express templates (email subject line)

• ‘Claim and interruption of limitation period — Policy [no.]’

• ‘Reminder of reasoned offer — Claim [no.] — Interest on arrears’

FAQs on insurance claim deadlines

What do I do if I don't know whether it's 1, 2 or 5 years?

Interrupt in writing now and we will calmly classify the case: material damage → 2 years; personal injury (life/health/disability) → 5 years; traffic → 1 year.

Does the deadline start on the day of the accident, no matter what?

Not necessarily. It starts when you can reasonably quantify the damage (stabilised injuries; visible damp; diagnosed machinery).

Is an email sufficient to interrupt the period?

Yes, if you can prove receipt and content. For large amounts, it is better to use a certified fax.

[H3] Can I reopen the case if I have accepted an offer? [TEXT] Only if you have made a reservation of rights or if there is evidence of subsequent damage. That is why we ask you not to close the case in the heat of the moment.

Conclusion

Deadlines are not a formality: they are the lever for your claim. If you are unsure, take three steps: document, interrupt and organise your timeline. With that — and a serious review of items (underinsurance, VAT, measurements) — your position will improve in a matter of days.

Specialists in insurance claims
Claims denied or poorly assessed