Can you claim directly from the insurer of the person who caused the damage?

Question

José Manuel Alburquerque · Accepted Answer

Yes. The law gives anyone who suffers damage a direct claim against the liability insurer of the person who caused it, without the need to claim from that person first. The insurer cannot raise against the victim matters that only concern its relationship with its client, such as the client having notified it of the claim late. And the person who caused the damage is obliged to tell the victim what insurance he or she has and what it covers. How to claim You can claim against the insurer alone or against both the insurer and the person who caused the damage at the same time. You have to prove the same as against the person who caused the damage, that is, that there was damage, that it was due to what that person did and, in general, that he or she was at fault. In road traffic accidents involving injuries and in damage caused by animals, fault does not have to be proved. The insurer pays up to the policy limit. Anything above that limit or not covered by the policy is owed by the person who caused the damage. To find out which insurer it is, ask the person who caused the damage for the details in writing. If a vehicle is involved, they can be checked in the FIVA, the Spanish database of insured vehicles. If the person is a registered professional, his or her professional association usually knows which company provides the cover. If the person refuses to give you the details, you can ask the court, before bringing a claim, to order him or her to produce the policy. What the insurer can argue It can defend itself by arguing that its client was not at fault, that the damage is not covered by the policy or that the fault lay solely with the victim. It cannot raise against the victim defences that it would only have against its own client. If its client caused the damage deliberately, the law provides that the insurer pays the victim and then claims the money back from the client. If the damage was caused deliberately with a vehicle, it is the “Consorcio de Compensación de Seguros”, Spain's state insurance compensation fund, that pays. In road traffic accidents, moreover, the insurer cannot deduct any excess from what it pays the victim. Time limits and interest The time limit is the same as for claiming against the person who caused the damage. If there was no contract with that person, one year in general and, in principle, three if the event occurred in Catalonia, although the prudent course is to claim in writing within the first year. In road traffic accidents, one year throughout Spain. Before bringing a claim in court you must have tried to reach an agreement. In traffic cases, the prior claim to the insurer is enough. In other cases, a genuine settlement proposal is advisable, not a mere demand for payment. If the insurer does not pay within three months of the insured event, it owes the victim the same late-payment interest as it would owe its own client. If it proves that it did not know of the insured event until the claim was made, interest is counted from the claim.