What is the reasoned offer (“oferta motivada”) and what happens if I do not accept it?

It is the offer of compensation that the insurer of the person responsible for a road traffic accident must make to the victim within three months of the victim's claim. It must separate personal injury from damage to property, calculate the personal injury using the statutory compensation scale (the “baremo”) and attach the medical reports on which it is based. You can take the payment without giving up your right to claim more, because the law prohibits making payment conditional on such a waiver. If you do not accept it, you can ask the “Instituto de Medicina Legal”, the public forensic medicine institute, for a report at the insurer's expense, go to mediation or bring a claim in court.

Alburquerque Abogados

José Manuel Alburquerque
Insurance law

What it must contain

  • One proposal for personal injury and a separate one for damage to property.
  • The calculation of the injuries under the statutory compensation scale for traffic accidents.
  • The documents and reports on which it is based, including the final medical expert report. If it does not attach that report, the insurer will no longer be able to submit final medical reports in court.
  • A notice that taking the amount offered does not require you to give up claiming more.

If you do not agree

  • You can take the amount offered and go on claiming the difference. Do not sign any document stating that you are fully compensated by that payment.
  • If the offer arrived in time and the insurer pays you the amount offered or pays it into court, it will not owe you late-payment interest on that amount. It may, however, owe you interest on any difference you claim.
  • You can ask the forensic medicine institute for a report, which the insurer pays for. The insurer then has one month to make a new offer.
  • You can go to mediation or bring a claim in court. You have one year from when you are notified of the offer.

If the insurer does not make one

If it neither makes the offer nor gives a reasoned reply within three months, it owes late-payment interest and may be penalised. If recovery takes a long time and any after-effects cannot yet be assessed, instead of the offer it must give you a reasoned reply with payments on account and update you on the situation every two months.

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.