Oferta motivada after an accident in Spain: check the insurer offer
The insurer’s formal offer (oferta motivada) can look final, but it is a document you should understand before accepting payment or signing. It may close treatment days, sequelae, damage, interest and future claims if you accept the wrong wording.
The offer should explain the calculation, documents used and why the insurer pays that amount.
Low offers often hide missing medical days, sequelae, future treatment, property damage or liability arguments.
Accepting payment or signing a release may limit what you can claim later.
- People who received an oferta motivada, insurer calculation, peritaje, settlement proposal or payment form after an accident.
NAVICheck your accident compensation — how much and how to claim
NAVI explains how to claim compensation.
Your rights before you accept anything
- Ask for the responsible insurer, reference number and written position.
- Do not sign a final settlement, waiver or version you do not understand.
- Keep your medical records, repair documents, travel receipts and correspondence organised in chronological order.
Deadlines and urgency
- Document your injuries and damage as soon as possible; medical or damage reports produced much later are easier for the insurer to challenge.
- Keep every notification date. Deadlines can run from receipt, not from when you understood the document.
- If the insurer makes an offer or denial, check it before accepting or replying.
- Oferta motivada, calculation sheet, medical reports, peritaje, repair estimates and insurer messages.
- Bank/payment form, release wording, deadlines and any reservation of rights.
- Your own treatment chronology and costs not included in the offer.
Safe order of actions
- First, make sure everyone is safe and preserve the evidence: seek emergency care, take photos, record witness details and obtain the official accident reference where available.
- Collect the document set: reports, invoices, policy, messages, offer or denial.
- Identify who may be responsible for your claim: the insurer, transport company, employer, clinic or public authority.
- Once you have gathered the necessary documents, send the appropriate written claim or complaint and proceed to the next stage if necessary.
Mistakes that weaken the claim
- Signing a statement, version of events or settlement simply because someone tells you it is “standard”.
- Relying on phone calls instead of written decisions and calculations.
- Throwing away travel, medical, repair or message evidence because it looks minor.
If they deny, delay or offer too little
- Ask for the reason and calculation in writing.
- Compare the insurer’s decision with your documents and evidence before challenging it.
- If the refusal or low offer is based on a dispute over liability or the valuation of your loss, prepare a written complaint and attach the supporting evidence.
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Related accident guides
FAQ
Should I sign the insurer document?
Only after you understand what it closes: injuries, material damage, future treatment and any waiver.
Can I claim if I am a foreigner or tourist?
Yes. Residence status is not the key issue for an accident claim; proof, responsibility and deadlines are.
Is a phone answer enough?
No. Ask for the decision, calculation or request in writing.
Sources
- Baremo / traffic injury scale (BOE)
- Ley de Contrato de Seguro (BOE)
- Dirección General de Seguros y Fondos de Pensiones
Informational guide, not legal representation. Exact deadlines and strategy depend on the documents and facts.
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Checked by the RightNOW team · Change history
- Fixed: the page was rendering an empty heading and now shows its title.
- Legal basis, deadlines and figures re-checked against official sources.
- Page published.
This guide is general information about Spanish law, not a legal opinion on your case. Rules change and outcomes depend on your own facts and documents — check your situation before you act on it.
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