In this article we tell you what amounts clients can claim from the insurance company, in addition to the payment of compensation for the damages covered in the policy.
The management of a claim in the Canary Islands can encounter many and diverse inconveniences, especially when the insurer or its expert does not act with due diligence. That is why on many occasions we find ourselves with coverage refusals that are not appropriate or unjustified delays in the resolution of the files.
Can I request an advance payment of compensation from the insurer?
According to the Article 18 of the Insurance Contract Law, The insurer is obliged to pay the minimum amount of which it becomes aware when forty days have elapsed since the loss was reported to it. Therefore, after this period has elapsed, if part of the amount of damages claimed is accredited, the insurer must pay this amount, notwithstanding the fact that the appropriate steps may subsequently continue to be taken to determine the total amount of damages to be compensated.
Can interest on arrears be claimed from the insurer?
Article 20 of the Insurance Contract Law provides a period of 90 days from which, if the insurer has not paid the claim, default interest will begin to accrue. At Canarisk, we calculate the interest that corresponds to you and assume the claim against the insurance company on your behalf. Check our post: “How to make a claim against an insurer in the Canary Islands?”
Who pays the fee for the third expert?
As we told in our article “What to do in the event of an accident in a company in the Canary Islands?” ,Article 38 of the Insurance Contract Law allows the appointment of a third expert to arbitrate between the expert of the client and the insurer. But, Who pays the minutes of the third expert? According to the aforementioned legal text, it must be paid 50% between the client and the company. However, article 39 of the same Law establishes that If one of the parties maintained a disproportionate assessment that gave rise to the appointment of the third expert, it will be this party who must assume the entire minutes.
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