What your insurance covers in Spain — and how to cancel or not renew it
Before a problem hits, two things matter with a Spanish policy: what it actually covers (coberturas vs exclusiones, and any waiting periods / carencias) and how to get out of it when you want to switch — opposing the automatic renewal in time, the notice period and the withdrawal right for online contracts. This guide covers both issues for home, car and health insurance.
Coverage vs exclusions
A policy covers what its conditions say — the coberturas — and excludes the rest. The exclusiones and any carencias (waiting periods, common in health/decesos) are where most surprises live.
"Todo riesgo" does not mean everything: it still has exclusions, franquicias (excess) and conditions.
To end a policy, you usually oppose the tacit renewal (prórroga tácita) with the required notice or use the withdrawal right (desistimiento) for contracts signed at a distance / online.
Who it affects
- Anyone with a home, car, health or life policy who wants to know what is actually covered.
- Those who want to switch insurer or stop a policy they no longer need.
- People who sold the car or the home and need to notify the insurer and check the transfer/cancellation route.
- Anyone whose policy auto-renewed because they missed the notice window.
NAVICheck the insurer’s payout — is it too low and how to challenge it
NAVI will help challenge the calculation.
Your rights
- You are entitled to clear information on coverage, exclusions and carencias before and during the contract.
- You can oppose the automatic renewal by giving written notice at least one month before the current insurance period ends; the insurer must give two months’ notice.
- For financial-services contracts signed at a distance / online there is a withdrawal right: generally 14 calendar days, or 30 calendar days for life insurance.
- The withdrawal right under Ley 22/2007 (art. 10) belongs to consumers and does not apply, among others, to insurance taken out to meet a legal obligation to be insured (for example compulsory motor liability cover), to travel or luggage policies lasting less than one month, or to policies where you bear the investment risk.
- Selling the insured asset does not automatically cancel the policy: notify the insurer in writing and check the transfer, change or refund route under the policy and Ley 50/1980.
What you need
- The policy and its conditions (coberturas, exclusiones, carencias, franquicia).
- The renewal notice and the renewal date.
- Dated proof that the cancellation was sent in writing, such as a formal notice (burofax) or another certified method.
Cancel or not renew
- Read the conditions: coberturas, exclusiones, carencias and franquicia.
- If the asset was sold or the risk changed, notify the insurer and check whether the policy allows cancellation, transfer, change or refund; otherwise plan not to renew.
- Send the notice of non-renewal or cancellation in writing within the required notice period.
- Use a formal notice (burofax) or certified means and keep the proof and date.
- Confirm there is no charge after the cancellation date.
- If you signed online or at a distance recently, you may use the withdrawal right: normally 14 calendar days, or 30 for life insurance.
A real case: the policy clause dating the loss was not highlighted, so the insurer could not rely on it
The policy had ended before the incapacity was officially recognised. The insurer contested the cover up to the Supreme Court, but the courts at all three levels upheld it. A man took out life insurance linked to a mortgage, with complementary cover for permanent absolute incapacity (incapacidad permanente absoluta). One clause said the date of the loss would be the date the competent body recognised the incapacity. While the contract was in force he went on sick leave and, a few days later, was diagnosed with acute leukaemia. A year and a half later, when the policy was no longer in force, he was declared permanently incapacitated after the EVI assessment board’s report, which named acute leukaemia as the main condition. His claim succeeded at first instance and on appeal, and the insurer appealed in cassation.
What was not obvious. The plenary said the general rule is the date of the EVI report, but it can be moved back to when the effects of the illness showed themselves as permanent and irreversible. The leukaemia was like that from the first diagnosis, made while the policy was in force, so the diagnosis date became the date of the loss. The clause tying the date to the official decision was held to limit the insured person’s rights: it was neither highlighted in the policy nor specifically accepted, as art. 3 of Ley 50/1980 requires, so the insurer cannot rely on it.
Outcome: cover confirmed and the insurer’s cassation appeal dismissed, except on one point: the sum insured goes first to the bank for the outstanding loan balance, and any remainder to the insured.
Art. 3 of Ley 50/1980 is in force in the same wording: limiting clauses «se destacarán de modo especial» and «deberán ser específicamente aceptadas por escrito». The judgment concerns incapacity cover for illness; under another policy the outcome depends on the wording of the conditions and the medical records.
Supreme Court, Civil Chamber, sitting in plenary · 31.01.2023
If a refusal rests on a clause that limits your rights, check whether the policy highlights it and whether you accepted it separately. The outcome in another dispute depends on the policy wording and the facts.
Check my policy conditionsCommon mistakes
- Assuming "todo riesgo" covers everything — it has exclusions and franquicias.
- Missing the notice window, so the policy auto-renews (prórroga tácita).
- Cancelling verbally — without written, dated proof it is hard to enforce.
- Cancelling car insurance and driving uninsured (fine of €601–€3,005).
If they keep charging
- If they charge after a valid cancellation, complain to the insurer’s customer service (see the denial guide) and dispute the bank charge.
- Keep the formal notice (burofax), certified proof and dates — they can determine the outcome.
Coverage or cancellation doubts? Ask NAVI
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Related guides
Coverage & cancellation FAQ
Does "todo riesgo" cover everything?
No — it still has exclusions, franquicias and conditions. Read the policy.
How do I stop my policy renewing?
Oppose the tacit renewal in writing before the renewal date, with the required notice.
What is a carencia?
A waiting period before a cover starts — common in health and decesos policies.
I signed online — can I withdraw?
For financial-services distance contracts, usually 14 calendar days from signing; life insurance has 30 calendar days.
Can I cancel mid-term?
Not automatically. If the insured asset is sold or the risk changes, notify the insurer and check the policy/Ley 50/1980 route for transfer, change, refund or cancellation.
How should I send the cancellation?
In writing with a date — a formal notice (burofax) or certified means is the safe way.
They charged me after cancelling — what now?
Complain to the insurer and dispute the charge; keep your proof of cancellation.
Where are the rules?
The Ley de Contrato de Seguro (50/1980) and the DGSFP — check the current text and your policy.
Official sources
- DGSFP — insurance regulator
- Ley de Contrato de Seguro (50/1980) — BOE
- Ley 22/2007 — distance financial services
- RDLeg 8/2004 — compulsory motor insurance
Informational guide, not legal advice. Coverage and cancellation rules are specific to each policy — check yours, the DGSFP and your case with NAVI.
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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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Included: checks of Spanish documents, letters, requests and contracts before signing, Action Plans, consultation and sending your claims by burofax.