Do I need a lawyer to claim against an insurer?
Not to make a written claim to the insurer or a complaint to the “Dirección General de Seguros y Fondos de Pensiones”, Spain's insurance regulator. To sue the insurer, it depends on the amount. Up to 2.000 euros you can go to court without a lawyer or a “procurador” (court agent) and above that figure you need both. Even in small claims it is advisable to take advice, because the insurer will certainly have a lawyer and the dispute is often about how the policy should be interpreted. Many policies include cover that pays for a lawyer to claim against a third party.
Alburquerque Abogados
José Manuel AlburquerqueWithout a lawyer
- A claim to the insurance company and a complaint to the regulator's complaints service are made without a lawyer and cost nothing.
- Up to 2.000 euros, you can file the claim yourself, using the form that the courts provide for the “juicio verbal”, the simplified procedure.
- Before suing, you must have tried to reach an agreement. If it is your own insurer and you are a consumer, a prior claim to the insurance company is enough.
- If you are claiming against someone else's insurer, you need a genuine invitation to negotiate, not just a letter demanding payment. In road traffic accidents, the prior claim required by the motor insurance legislation is enough.
With a lawyer and a court agent
- Above 2.000 euros they are compulsory.
- Claims of up to 15.000 euros go through the simplified procedure, which is quicker and has a single hearing. Larger claims go through the “juicio ordinario”, the ordinary procedure.
- If the judge finds entirely in your favour, the insurer will normally be ordered to pay the costs, which include your lawyer's and court agent's fees, subject to certain limits. If you win only in part, each side pays its own. If you lose, you may have to pay the insurer's.
- When a lawyer is not compulsory, their fees are not normally recovered even if you win.
Who pays the lawyer
- Many home, car or shop policies include legal expenses cover or cover for damages claims. They are mainly for claiming against someone who has caused you damage, with a lawyer of your choice. They do not normally cover lawsuits against your own insurer.
- If your family's income is below certain limits, which depend on the number of family members, you can apply for free legal aid at the “colegio de abogados”, the local Bar Association.
- If the insurer refused to pay without a justified reason, the late-payment interest it will have to pay you often offsets part of the cost of the lawsuit.
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.