What can you do if your insurer refuses to pay?

Question

José Manuel Alburquerque · Accepted Answer

The first step is to ask the insurer to explain in writing why it is not paying and to check the policy to see whether it is right. If it is not, a written complaint must be made to its customer service department, which has one month to reply. If it does not reply or rejects the complaint, the matter can be taken, free of charge, to the complaints service of the “Dirección General de Seguros y Fondos de Pensiones”, Spain's insurance regulator. If the only dispute is over how much the damage is worth, an expert of your own can help. If none of that works, there remains the option of a claim in the court for the place where the insured lives. Before making a complaint Ask for the refusal in writing, with the reason and the clause on which it is based. A reply over the phone is of little use when you have to complain later. Also ask for the full policy you signed, with the specific and the general terms. A clause that cuts back what you could expect from the insurance can only be applied to you if it is highlighted and you signed it separately. Gather the evidence of the damage, such as photos, invoices, quotes, medical reports or the report to the police, as the case may be. Complaining without going to court Write to the insurance company's customer service department or to its policyholders' ombudsman (“defensor del asegurado”). The complaint must be in writing, on paper or online, not by phone. The company has one month to reply. If it does not reply within that time or rejects the complaint, you can go to the regulator's complaints service, enclosing the complaint you made to the company and its reply, if there was one. You do not need a lawyer, but the service's report is not binding on the insurer. If the disagreement is over the valuation, the law allows each party to appoint an expert and, if they do not agree, a third expert to be brought in. Send each written communication by a means that records the date and the content, such as a “burofax” —a certified letter with proof of content— or the form on the company's website with a receipt. A written complaint interrupts the time limit for bringing a claim, which is two years for property and liability insurance and five for personal insurance. A complaint to the regulator also interrupts or suspends it, as the case may be. If you have to go to court Since April 2025, before bringing a claim in court you must have tried to reach an agreement. If you are a consumer and are claiming against your own insurer, the prior complaint to the company is enough. You can bring the claim if it does not reply within one month or if you are not satisfied with its reply. The claim is filed in the court for the place where you live, even if the policy says otherwise. To claim more than 2.000 euros you need a lawyer and a “procurador” (court agent). If the refusal was not justified, the insurer will also have to pay late-payment interest from the date of the insured event, at 4,875 % a year in 2026 for the first two years and at least 20 % from then on.