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Do you know the response times for motor claims in Portugal?

Conhece os Prazos de Resposta em Sinistros Automóveis em Portugal - C1 Broker - Corretora de Seguros - Portugal

No one fancies waiting, especially when it comes to automobile claims. Those few days can feel like an eternity, but do you know precisely what the response deadlines are for insurers, regulated by law in Portugal?

 

Anxiety may arise while awaiting a damage assessment appointment or during the waiting time for a claim acceptance. But to what extent is it considered normal to wait? When is it appropriate to initiate a complaint? Having knowledge of the deadlines and your rights in the event of an automobile claim can provide clarity on the journey and help alleviate the inevitable frustration.

 

Generally speaking, whether or not there was bodily injury, whether the accident only caused material damage or whether it was a mixed claim (with material and human damage), all these factors can alter the average response times. On the other hand, the law also states that if the Friendly Accident Declaration (or another document with the same level of relevant information) is correctly filled in and signed by both drivers, the speed of resolution is greater.

 

Likewise, if the fault and reason for the accident are clear, this also helps to resolve procedures. The case gets complicated when the authorities have intervened and you have to wait for the official report (the so-called Auto da Ocorrência) or when the companies, after various expert opinions and analyses, decide that the responsibility will be shared.

 

Everyone longs for quick solutions, but understanding the deadlines can be the key to managing expectations. When well-informed, you can comprehend the process’s route and deal more effectively with inevitable setbacks. See our summary table, based on Article 33 no. 9 of Decree-Law 291/2007, for the average time taken to settle motor vehicle claims in Portugal.

 

C1 Broker, as insurance brokers in Portugal, is committed to defending your interests. We are here to provide clear and transparent information, ready to protect you in interactions with insurers. Knowledge is power, and in managing automobile claims, C1 Broker stands by your side to ensure deadlines are respected and rights protected in Portugal.

Deadlines for Settling Motor Vehicle Claims in Portugal 2024

 

Claims with Material Damage Only

Legal deadline With Friendly Accident Declaration Legal deadline Without Friendly Accident Declaration
1st contact to book an insurance assessment 2 working days 2 working days
Completion of insurance assessment 4 working days 8 working days
Completion of insurance assessment – with dismantling 6 working days 12 working days
Provision of insurance assessment report 2 working days 4 working days
Communication of responsibility /guilt 17 working days 32 working days
Communication of final decision 2 working days 2 working days
Last payment to injured party 8 working days 8 working days

 

Please note that if the Friendly Accident Declaration has not been filled in and signed, the authorities (PSP or GNR) have intervened and you have to wait for the police report, this document may take a few days to be available. It depends on the police station and how busy they are, but police reports can take up to 11 days to be ready.

 

If you use a garage that collaborates with / is suggested by the insurer, be aware that the legal deadline for the conclusion of a simple expert report in Portugal begins with the date of the report and not the date of the expert report, which means it is quicker. If you freely choose a garage, the legal deadline is increased by 2 working days.

 

And be careful! Deadlines are also important for the insured person. Did you know that when the insurance company presents you with the final decision, the insured has 5 days after the communication of responsibility to present new facts justifying his or her disagreement? The insurer, for its part, will have 2 days to analyse the evidence and communicate their final decision.

 

Mixed Property Damage and Bodily Injury claims

  Legal Timeframe
Request for authorisation to settle Material Damage 2 working days
1st contact to book an insurance assessment 2 working days
Completion of insurance assessment  8 working days
Completion of insurance assessment – with dismantling 12 working days
Provision of insurance assessment report 4 working days
Communication of responsibility /guilt 32 working days
Communication of final decision 2 working days
Last payment to injured party 8 working days

 

 

 

Claims with only Bodily Injury (With Formal Claim for Compensation)

In this type of claim, the legal time limits in Portugal are counted in consecutive days, not working days.

  Legal Timeframe
Request for body examination Not applicable
Body examination report available 10 consecutive days
Communication of responsibility for Bodily Injury 45 consecutive days
Consolidated communication of responsibility 15 consecutive days
Communication of final decision 2 consecutive days
Last payment to injured party 8 consecutive days

 

In Portugal, the management of personal injury claims is always more complex, because everything depends on the injured party’s state of health. In these cases, we always advise you to hire a lawyer who is familiar with the regime for settling personal injury claims (Portuguese legislation). Please note that the claim for compensation must be in writing, dated, identify the claim to which it relates and refer to bodily injury, and must also identify the expense for which the claim for payment is made (Article 4 of Regulatory Standard no. 16/2007-R of 20 December).

 

In C1 Broker, your expat and foreign resident insurance broker in Portugal, we try our best to defend your interests in case of a claim. Find out more about the role and responsabilities of the insurance broker in Portugal.

 

 

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Conhece os Prazos de Resposta em Sinistros Automóveis em Portugal - C1 Broker - Corretora de Seguros - Portugal

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