How long do you have in Catalonia to claim against the insurance of the person who caused the damage?

Question

José Manuel Alburquerque · Accepted Answer

If the event that caused the damage happened in Catalonia, three years in principle, the same time limit as for claiming against the person who caused it, because the claim against their insurer is tied to the claim against them. Outside Catalonia, that time limit is one year. The major exception is road traffic accidents, where the time limit is one year in Catalonia too. The time limit starts when you know about the damage and whom to claim against. For injuries, it is normally when the permanent after-effects are known. When it starts to run From when you know, or could reasonably have known, what damage you have suffered and who caused it. For injuries, from when you are discharged from medical treatment or from when it is known what after-effects will remain. If there were criminal proceedings over the same events, normally from when you are notified of the decision that brings them to an end. If the damage builds up gradually, as with leaks that go unrepaired, the courts usually count from when it stops occurring. How it is interrupted By making a written claim against the person who caused the damage or their insurer, by bringing a claim in court or if they acknowledge the debt. Use a method that leaves a record of the date and the content, such as a “burofax”, a certified letter with proof of content. A letter without acknowledgement of receipt may not be enough. When it is interrupted, the time limit starts again from the beginning. In road traffic cases, the insurer's reasoned offer, the “oferta motivada”, or its reasoned reply opens a new one-year time limit. Even if the time limit is three years, the prudent course is to claim in writing within the first year. That interrupts the time limit and avoids any argument with the insurer over whether it is one year or three. Other time limits not to be confused with this one For claims against your own insurer, the “Ley de Contrato de Seguro”, Spain's Insurance Contract Act, applies in Catalonia too, with two years for property and liability insurance and five for personal insurance. If the person who caused the damage was a professional with whom you had a contract, such as your lawyer or your tax adviser (“gestor”), the time limit may be much longer, up to ten years in Catalonia. Even so, do not wait, because their insurance may only cover claims made while it is in force. Construction defects have their own time limits under the “Ley de Ordenación de la Edificación”, the Building Act.