Your insurer denied or underpaid your claim.
Here is what you can do.
Insurance companies in Spain are legally required to handle claims within defined deadlines and to justify any refusal by reference to a specific policy clause. If your claim has been denied, underpaid or simply ignored — you have the right to file a formal complaint and receive a written response.
Describe the insurance dispute
NAVI will help challenge the calculation.
✓ Free · ✓ No registration · ✓ Ready in minutes
The same pattern — regardless of the insurer
Whether it is home, car, life, health or travel insurance — when the insurer wants to avoid paying or wants to pay less, the script is usually the same: silence, technical excuses, and delays with no explanation.
Rejection without clear grounds
They say "not covered" or "outside the policy" — but do not point to a specific exclusion clause. A refusal without a contractual reference can be challenged.
Payout lower than expected
The insurer applies depreciation, excess or an "internal valuation" not defined in the contract. The insurer's expert is not the final word on damages.
Missed deadlines
The Insurance Contract Act (art. 20 LCS) sets strict payment deadlines. If the insurer is late without justification, significant penalty interest may apply.
Want RightNOW to guide you step by step to the result?
RightNOW Action Plan for an insurance dispute: we review the situation, gather documents, prepare the order of actions and guide you step by step.
Get the Action Plan for €59 →What Spanish law says about insurance payouts
Law 50/1980 on Insurance Contracts (LCS) governs policyholder rights in Spain. Insurers have specific obligations and deadlines that most policyholders are unaware of.
What you can demand
- A written response citing the exact contractual basis for the refusal
- The specific policy exclusion clause that underpins the denial
- A reasoned expert report when there is a dispute over damages valuation
- Late-payment interest if the insurer missed the legal deadlines (art. 20 LCS)
- Access to your claims file at any time
What the insurer cannot do
- Reject a claim without referencing a specific exclusion in the policy
- Delay indefinitely without issuing a written decision
- Impose a unilateral valuation without allowing an independent assessment
- Cancel the policy retroactively to avoid paying a claim
- Leave a SAC complaint unanswered beyond the 1-month statutory limit
If the insurer breaches payment deadlines without justification, art. 20 LCS provides for penalty interest. The rate and exact trigger depend on the specific circumstances of the case.
What to gather before filing your complaint
- Full policy text — general and special conditions
- Premium payment receipts confirming the policy was active
- Policy number or insurance certificate
- The insurer's written refusal or underpayment notice
- Claim notification with date-stamped proof of submission
- Photos or video of the damage with timestamps
- Repair quotes, invoices or independent damage assessments
- Police report or fire brigade report where applicable
- All emails and letters related to the claim
- The insurer's expert report, if one was provided
- Name and contact details of your claims handler, if known
- Notes of phone calls with dates and a summary of what was said
💡 When the insurer asks for documents — always send them in writing (email or burofax) and keep proof of delivery. Without it, the insurer can claim it never received anything.
Need to understand the insurer letter first?
Upload the denial, notice, calculation, underpayment notice or insurer letter. RightNOW explains what it means, which deadlines and risks apply, and what the safer next step is.
Check the insurer document for €9.90 →No refusal yet?
If you are only notifying the insurer about the claim or damage, start with a first claim request: facts, documents, amount, deadline and what you ask for.
Prepare the first claim →Mistakes policyholders make time and time again
Accepting the first offer without question
The insurer has an incentive to pay as little as possible. The first offer is not final — you can and should challenge it and ask for a written breakdown.
Late claim notification
Most policies set a notification deadline (usually 7 days). Missing it can give the insurer grounds to reduce or deny the payout.
Trusting the insurer's expert
The insurer's assessor works in the insurer's interest, not yours. You can appoint an independent expert. If the valuations differ, art. 38 LCS provides for a jointly appointed third expert.
Communicating only by phone
Phone calls leave no official record. Without a written SAC complaint, the insurer can continue to delay indefinitely with no legal consequences.
Not knowing the LCS deadlines
Art. 20 LCS entitles policyholders to penalty interest when an insurer misses payment deadlines without justification. After two years, the minimum annual rate is 20%. Most people never claim it simply because they do not know about it.
Not escalating to the DGSFP
When the SAC fails to resolve the issue, the Dirección General de Seguros y Fondos de Pensiones is the supervisory body you can escalate to.
5 steps: from denial to formal complaint
Document everything
Keep all correspondence with the insurer, the written refusal or underpayment notice, and the expert report if one was provided. Record the exact date of every interaction.
Request a written justification
If your claim was refused, ask in writing for the exact policy clause on which the refusal is based. A denial that fails to cite a specific exclusion is legally challengeable.
Assemble your claims file
Gather your policy, claim notification, photos, invoices and all correspondence. The more complete your file, the stronger your position.
File a written complaint with the insurer's SAC
Submit a formal written complaint to the insurer's Customer Service (Servicio de Atención al Cliente). The insurer must respond within 1 month (Ley 44/2002, art. 29 bis). A written complaint fundamentally changes the balance of power.
Escalate to the DGSFP if unresolved
If the insurer fails to respond in time or the response is unsatisfactory, you can escalate to the Dirección General de Seguros y Fondos de Pensiones. You must have exhausted the internal SAC procedure first.
A formal written complaint is almost always the right move
Even when the insurer seems cooperative, even when they say "your case is under review" — a written complaint changes your legal position. It sets a statutory response deadline and creates a documentary trail you can use when escalating.
Creates an official record
Phone promises are worth nothing. A written complaint records the date and compels the insurer to respond through official channels.
Triggers statutory deadlines
Once you file formally, the insurer has 1 month to respond (Ley 44/2002, art. 29 bis). Without a complaint, they can delay indefinitely.
Unlocks the DGSFP route
You cannot escalate to the supervisory body without having first filed a SAC complaint. It is the mandatory first step for any escalation.
✅ You can likely handle it yourself if:
- the insurer has clearly explained in writing what is required
- you have all claim documents ready
- the delay is minor and looks like a routine review
- the insurer is responding, even if slowly
🤝 Getting help makes sense if:
- there is no written justification citing the policy exclusion
- weeks or months have passed with no resolution
- the offered payout is clearly out of proportion to the actual damage
- the SAC is not responding or has rejected your complaint without solid reasons
Generate your insurance complaint now
No need to write from scratch. Answer a few questions and receive a complaint text, a PDF and a document ready to submit to your insurer's SAC.
Frequently asked questions
Can an insurer reject a claim without explaining why?
No. The insurer must cite the specific exclusion clause in the policy. A vague "not covered" without a contractual reference is insufficient and can be challenged through the SAC and then the DGSFP.
What if the payout offered is lower than my actual loss?
You are not obliged to accept the first offer. You can ask for the methodology behind the valuation and hire an independent expert. If the assessments differ, art. 38 LCS provides for a jointly appointed third expert.
How long does the insurer have to pay?
Under art. 20 LCS, the insurer must pay or issue a reasoned refusal within 3 months of the claim notification. If it breaches this deadline without justification, penalty interest applies. From two years after the claim, the minimum rate is 20% per year.
What is the SAC and how do I file a complaint?
All insurers are required to have a Customer Service Department (Servicio de Atención al Cliente). You can file a complaint in writing at the insurer's office, by email or through their website. This is the mandatory first step before escalating to the DGSFP.
How do I escalate to the DGSFP if the SAC does not help?
After exhausting the SAC process, you can submit a complaint to the Dirección General de Seguros y Fondos de Pensiones through their online portal. You will need a copy of your SAC complaint and the response received (or evidence that no response was given within the statutory period).
Does the generator replace a lawyer?
No. The generator creates a formal SAC complaint — the first step that most often produces results. If the insurer does not respond or rejects the complaint, RightNOW assesses next steps, including escalating to the DGSFP or commissioning an independent expert assessment.
Need everyday protection, not just a one-off check?
Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.