Am I entitled to see the report by the insurer's loss adjuster?
The “Ley de Contrato de Seguro”, Spain's Insurance Contract Act, does not generally require it to be handed over. The exception is road traffic accidents when you claim against the insurer of the vehicle that caused you damage, because the motor insurance legislation requires its offer or reply to be accompanied by the reports on which they are based. Outside that case, you can ask for it in writing and rely on data protection law, which entitles you to a copy of the data about you that it contains, such as the photos of your home, the description of the damage or the valuation. If you are refused, you can complain to the “Agencia Española de Protección de Datos”, Spain's data protection authority. And if the case goes to court, the judge can be asked to have the insurer produce it.
Alburquerque Abogados
José Manuel AlburquerqueHow to request it
- Write to the insurer's customer service department quoting your policy and claim numbers and ask for a copy of the loss adjuster's report on which the decision is based, including its photos.
- At the same time, send a request for access to your data to the company's data protection officer, whose contact details appear in its privacy policy. The company has one month to reply, which it can extend by a further two months if it explains why within the first month. The first copy is free of charge.
If they do not hand it over
- Complain to the data protection authority about the data and to the “Dirección General de Seguros y Fondos de Pensiones”, Spain's insurance regulator, about the lack of information. Both routes are free of charge.
- If the case goes to court, you can ask for the insurer to produce it. And if the insurance company bases its defence on that report, it will have to submit it.
What it is useful for
The report shows what the loss adjuster considers to be the cause of the insured event, which items they have valued and which they have left out. That is what has to be rebutted with quotes or with your own expert. If the statutory expert procedure is used, the experts' report is notified to both parties.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.