Many consumers face difficulties with their insurer, including reduction of the compensation amount, claim denial, or unjustified delays. A large part of these issues results from incorrect procedures in the first steps taken after the event — precisely the ones explained below.
1. Situations Usually Covered by Insurance (Even When the Insurer Tries to Deny Them)
Depending on the coverages included in the car or multi-risk insurance policy, you may be entitled to compensation for several types of damage frequently researched online, namely:
• Trees or branches falling onto the car, roofs, walls, or structures
• Storms, strong winds, heavy rain, thunderstorms, and hail
• Objects projected by the wind (tiles, branches, panels, sheets, poles)
• Floods or sudden damage caused by water
• Damage to the car caused by natural phenomena
• Damage to roofs, windows, façades, garages, and annexes
• Damage resulting from extreme weather events
• Acts of vandalism or damage caused by third parties
Many of these situations are included in insurance policies, even when the insurer initially suggests otherwise.
The key point is simple: being able to clearly and thoroughly prove what happened.
2. What to Do Immediately After the Incident
2.1. Police Report – When It Makes Sense to Call the PSP or GNR
Whenever there is visible damage, danger to third parties, affected traffic circulation, or intervention by public services, it is advisable to call the PSP or GNR to the scene.
The report:
• Officially records what happened
• Identifies the likely cause of the damage
• Serves as independent evidence before the insurer
Although not mandatory, a police report prevents many future disputes regarding the origin of the incident.
2.2. Photographs, Videos, and Other Evidence
Even with a police report — and especially when it is not possible to obtain one — you should collect evidence immediately:
• Photos and videos of the damage and location, from various angles
• Images of the tree, tiles, pole, or other object that caused the damage
• Visible record of time and location
• Witness contacts and statements, if any
• Reports from firefighters, civil protection, or municipal services, when involved
Lack of evidence is one of the most common reasons insurers use to deny claims.
Good visual documentation is often enough to substantiate the event.
3. Reporting the Incident to the Insurer
After ensuring safety and gathering evidence, the next step is to report the claim to the insurer.
The usual legal deadline is 8 days after becoming aware of the incident, unless your policy states otherwise.
Ideally, submit the report in writing (email, client area, insurer’s form).
Include in the report:
• Insurance contract details
• A simple and objective description of what happened
• Date, time, and location
• Authorities present at the scene (PSP, GNR, firefighters, civil protection)
• Whether a police report exists
• Identified damages
• Evidence (photos, videos, witnesses, reports)
• Applicable coverages
• IBAN proof — in the name of the owner of the damaged property
A clear and complete report reduces the insurer’s margin for alleging lack of information.
4. Expert Assessment and Damage Evaluation
After the claim is reported, the insurer usually sends an expert to assess the damage.
It is important to:
• Attend the assessment whenever possible
• Show all damages, including less visible ones
• Provide estimates, invoices, and reports with the owner’s full identification and tax number
• Keep copies of everything delivered or received
• Request a new evaluation or counter-assessment if you disagree
It is not uncommon for the first assessment to undervalue the real loss.
5. When the Claim Involves a Vehicle: The Issue of Compensation Value
5.1. The Problem with Vehicle Valuation
In incidents affecting vehicles (e.g., falling trees, floods, objects projected against the car), insurers often assign a compensation value that does not reflect the real market value.
Many insurers rely on:
• Internal depreciation tables
• Standardized criteria ignoring the specific condition of the car
• Generic market values, sometimes below actual prices
A well-maintained car with low mileage or additional equipment may be worth significantly more.
Furthermore, under Portuguese law, if certain requirements are met, the insurer may classify the vehicle as a total loss. This occurs when the damage assessed exceeds the commercial value the insurer attributes to the vehicle.
According to Article 41 of Decree-Law No. 291/2007, a vehicle is considered a total loss when:
a) It has disappeared or been completely destroyed
b) Repair is materially impossible or technically inadvisable due to compromised safety
c) The repair estimate plus salvage value exceeds 100% (vehicle under 2 years old) or 120% (vehicle over 2 years old) of its market value
The pre-incident market value corresponds to its replacement value immediately before the accident.
5.2. What Should Be Considered in the Vehicle Value
A fair compensation must consider:
• Market price of similar vehicles in Portugal
• Actual mileage and maintenance history
• General condition of the car
• Original factory equipment and extras
• Recent relevant repairs (tyres, rims, suspension, battery)
The difference between “market value” and “real replacement value” may be significant.
5.3. What You Can Do If the Value Seems Too Low
If you believe the insurer’s valuation is unfair, you can and should:
• Request a detailed explanation of the valuation
• Ask for a new assessment
• Provide ads of comparable vehicles
• Submit independent reports or evaluations
• Formally contest the proposed value
A well-supported challenge often leads to a higher compensation.
6. Why Insurers Deny or Reduce Compensation
Typical arguments include:
• Alleged lack of maintenance
• Insufficient evidence
• Policy exclusions
• Absence of a police report
• Allegations that the event is not covered or is “extraordinary”
These arguments are not always well-founded.
The insurer must justify denials and cannot reject responsibility generically or automatically.
7. Your Rights as a Policyholder
The law and the insurance contract regime grant policyholders several rights, including:
• Compensation equal to the real damage (within policy limits)
• Interpretation of ambiguous clauses in favour of the policyholder
• Right to contest assessments and expert reports
• Right to file a complaint with the insurer’s Ombudsman
• Right to complain to the ASF (Insurance and Pension Funds Authority)
• Right to take the matter to court
A denial by the insurer is not the end — it is merely its initial position.
8. When It Makes Sense to Involve a Lawyer
Legal assistance is worthwhile when:
• The insurer denies the claim (in whole or in part)
• The compensation amount is clearly insufficient
• The car is declared a total loss with an incorrect value
• The assessment ignores relevant damages
• There are doubts regarding exclusions
• The process is delayed without justification
A lawyer experienced in insurance law can:
• Analyse the policy and the case
• Identify flaws in the insurer’s reasoning
• Prepare formal complaints and negotiations
• Initiate and conduct legal proceedings if necessary
9. Summary
Whenever you suffer this type of damage:
• First ensure the safety of people and property
• Gather evidence immediately (photos, videos, witnesses)
• Request a police report whenever appropriate
• Report the claim within the deadline
• Carefully review the expert assessment and vehicle valuation
• Do not accept clearly insufficient compensation
• Consider legal assistance if the insurer creates obstacles or undervalues your loss
Need Legal Support?
Our office has solid experience in disputes with insurers and in defending the rights of claimants.
We can analyse your case with no obligation and recommend the best path to obtaining the compensation you are entitled to.
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The content of this information does not constitute any specific legal advice; the latter can only be given when faced with a specific case. Please contact us for any further clarification or information deemed necessary in what concerns the application of the law.