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 \u2014 precisely the ones explained below.<\/p>\n
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:<\/p>\n
\u2022 Trees or branches falling onto the car, roofs, walls, or structures
\u2022 Storms, strong winds, heavy rain, thunderstorms, and hail
\u2022 Objects projected by the wind (tiles, branches, panels, sheets, poles)
\u2022 Floods or sudden damage caused by water
\u2022 Damage to the car caused by natural phenomena
\u2022 Damage to roofs, windows, fa\u00e7ades, garages, and annexes
\u2022 Damage resulting from extreme weather events
\u2022 Acts of vandalism or damage caused by third parties<\/p>\n
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.<\/p>\n
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.<\/p>\n
The report:<\/p>\n
\u2022 Officially records what happened
\u2022 Identifies the likely cause of the damage
\u2022 Serves as independent evidence before the insurer<\/p>\n
Although not mandatory, a police report prevents many future disputes regarding the origin of the incident.<\/p>\n
Even with a police report \u2014 and especially when it is not possible to obtain one \u2014 you should collect evidence immediately:<\/p>\n
\u2022 Photos and videos of the damage and location, from various angles
\u2022 Images of the tree, tiles, pole, or other object that caused the damage
\u2022 Visible record of time and location
\u2022 Witness contacts and statements, if any
\u2022 Reports from firefighters, civil protection, or municipal services, when involved<\/p>\n
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.<\/p>\n
After ensuring safety and gathering evidence, the next step is to report the claim to the insurer.<\/p>\n
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\u2019s form).<\/p>\n
Include in the report:<\/p>\n
\u2022 Insurance contract details
\u2022 A simple and objective description of what happened
\u2022 Date, time, and location
\u2022 Authorities present at the scene (PSP, GNR, firefighters, civil protection)
\u2022 Whether a police report exists
\u2022 Identified damages
\u2022 Evidence (photos, videos, witnesses, reports)
\u2022 Applicable coverages
\u2022 IBAN proof \u2014 in the name of the owner of the damaged property<\/p>\n
A clear and complete report reduces the insurer\u2019s margin for alleging lack of information.<\/p>\n
After the claim is reported, the insurer usually sends an expert to assess the damage.<\/p>\n
It is important to:<\/p>\n
\u2022 Attend the assessment whenever possible
\u2022 Show all damages, including less visible ones
\u2022 Provide estimates, invoices, and reports with the owner\u2019s full identification and tax number
\u2022 Keep copies of everything delivered or received
\u2022 Request a new evaluation or counter-assessment if you disagree<\/p>\n
It is not uncommon for the first assessment to undervalue the real loss.<\/p>\n
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.<\/p>\n
Many insurers rely on:<\/p>\n
\u2022 Internal depreciation tables
\u2022 Standardized criteria ignoring the specific condition of the car
\u2022 Generic market values, sometimes below actual prices<\/p>\n
A well-maintained car with low mileage or additional equipment may be worth significantly more.<\/p>\n
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.<\/p>\n
According to Article 41 of Decree-Law No. 291\/2007, a vehicle is considered a total loss when:<\/p>\n
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<\/p>\n
The pre-incident market value corresponds to its replacement value immediately before the accident.<\/p>\n
A fair compensation must consider:<\/p>\n
\u2022 Market price of similar vehicles in Portugal
\u2022 Actual mileage and maintenance history
\u2022 General condition of the car
\u2022 Original factory equipment and extras
\u2022 Recent relevant repairs (tyres, rims, suspension, battery)<\/p>\n
The difference between \u201cmarket value\u201d and \u201creal replacement value\u201d may be significant.<\/p>\n
If you believe the insurer\u2019s valuation is unfair, you can and should:<\/p>\n
\u2022 Request a detailed explanation of the valuation
\u2022 Ask for a new assessment
\u2022 Provide ads of comparable vehicles
\u2022 Submit independent reports or evaluations
\u2022 Formally contest the proposed value<\/p>\n
A well-supported challenge often leads to a higher compensation.<\/p>\n
Typical arguments include:<\/p>\n
\u2022 Alleged lack of maintenance
\u2022 Insufficient evidence
\u2022 Policy exclusions
\u2022 Absence of a police report
\u2022 Allegations that the event is not covered or is \u201cextraordinary\u201d<\/p>\n
These arguments are not always well-founded.
The insurer must justify denials and cannot reject responsibility generically or automatically.<\/p>\n
The law and the insurance contract regime grant policyholders several rights, including:<\/p>\n
\u2022 Compensation equal to the real damage (within policy limits)
\u2022 Interpretation of ambiguous clauses in favour of the policyholder
\u2022 Right to contest assessments and expert reports
\u2022 Right to file a complaint with the insurer\u2019s Ombudsman
\u2022 Right to complain to the ASF (Insurance and Pension Funds Authority)
\u2022 Right to take the matter to court<\/p>\n
A denial by the insurer is not the end \u2014 it is merely its initial position.<\/p>\n
Legal assistance is worthwhile when:<\/p>\n
\u2022 The insurer denies the claim (in whole or in part)
\u2022 The compensation amount is clearly insufficient
\u2022 The car is declared a total loss with an incorrect value
\u2022 The assessment ignores relevant damages
\u2022 There are doubts regarding exclusions
\u2022 The process is delayed without justification<\/p>\n
A lawyer experienced in insurance law can:<\/p>\n
\u2022 Analyse the policy and the case
\u2022 Identify flaws in the insurer\u2019s reasoning
\u2022 Prepare formal complaints and negotiations
\u2022 Initiate and conduct legal proceedings if necessary<\/p>\n
Whenever you suffer this type of damage:<\/p>\n
\u2022 First ensure the safety of people and property
\u2022 Gather evidence immediately (photos, videos, witnesses)
\u2022 Request a police report whenever appropriate
\u2022 Report the claim within the deadline
\u2022 Carefully review the expert assessment and vehicle valuation
\u2022 Do not accept clearly insufficient compensation
\u2022 Consider legal assistance if the insurer creates obstacles or undervalues your loss<\/p>\n