Short answer
In Portugal, if the insurer does not pay, refuses payment or says it will not accept the claim, ask for a reasoned written position, confirm whether any documents are missing and answer with organised evidence: the accident report, insurer letters, photographs, police report, medical documents and vehicle repair or valuation evidence.
Where the refusal involves disputed liability, injuries, low settlement offers, medical expenses, loss of income or disability, the analysis must connect Portuguese compulsory motor insurance rules, civil liability, medical evidence and the communications exchanged with the insurer. Court action may be necessary in some cases, but it depends on the facts, documents and litigation risk.
Why this matters after a road accident
After a traffic accident, many people focus first on repairing the vehicle, medical appointments and lost income. Only later do they realise that the difficult part may be the relationship with the insurance company: repeated requests for documents, delayed inspections, no clear answer, a settlement offer below expectation, a full refusal of liability or a message saying that the insurer will not pay.
Road accidents in Portugal continue to create thousands of situations with personal injury and material damage. The 2024 road safety annual report from the Portuguese National Road Safety Authority recorded 38,037 injury accidents, 477 deaths, 2,756 serious injuries and 44,618 minor injuries in mainland Portugal and the autonomous regions.
That is why accident victims often search for help with questions such as what to do when the insurer does not pay, how to answer a refusal, whether a low offer can be challenged and when a claim against the insurance company should be considered.
Can the insurer take time? Yes, but it should not ignore the claim
Not every claim has the same duration. A simple vehicle damage claim with a clear accident statement and obvious liability may move faster. A case involving injuries, temporary disability, permanent consequences, loss of income or disputed fault often requires more medical, documentary and legal review.
Portuguese law still provides duties of diligence and time limits for motor insurance claims. The Portuguese compulsory motor insurance regime, approved by Decree-Law no. 291/2007, sets rules so that the insurer acts promptly, including contacts with the injured party, inspections, communication on liability and payment after liability is accepted and the necessary documents are available.
In practical terms, the insurer should not leave you without information. If it refuses, it should explain why. If it needs documents, it should identify them clearly. If bodily injuries are not yet medically stable, it should explain that the final offer depends on medical stabilisation and assessment of the injury.
Important legal deadlines in Portuguese road accident claims
The rules below are based on the consolidated version of Decree-Law no. 291/2007, of 21 August. In general, deadlines depend on the claim being reported in writing and the necessary documentation being available. Specific facts can change the analysis.
Material damage: contact, inspection and the insurer's position
After the claim is reported, the insurer should make the first contact within 2 working days and schedule the necessary inspections. Inspections should normally be completed within the legal periods set in Article 36 of Decree-Law no. 291/2007. The insurer should then communicate whether it accepts liability within the applicable deadline.
Failure to respect these duties can be relevant for written complaints and, in some circumstances, for the consequences provided in the motor insurance regime. Delay alone does not automatically mean that the insurer has accepted liability.
Friendly Accident Statement, goods and loss of use
Where there is a Friendly Accident Statement, some deadlines may be reduced. Claims involving transported goods, loss of use or loss of profit can have specific timing rules. These details matter because a delay, a refusal and a late reasoned answer may have different consequences.
Keep copies of the Friendly Accident Statement, correspondence, repair estimates, invoices and any evidence showing that the vehicle could not be used.
Bodily injury: medical assessment, stabilisation and offer
In cases with bodily injury, the insurer may need medical reports, emergency records, imaging, prescriptions, sick leave documents, physiotherapy records and a medical assessment of the injury. A final settlement offer should normally reflect the medically stable situation, not only the first days after the accident.
If there are fractures, surgery, hospitalisation, permanent consequences or loss of income, do not treat the claim as a simple vehicle repair issue. Read more in our English guide for road accident victims in Portugal.
Payment after liability is accepted
Once liability is accepted, the damage is quantified, there is agreement and the necessary documentation has been delivered, payment should follow within the applicable legal framework. If the insurer keeps delaying after that point, ask for a written explanation and the exact missing step.
What to do when the insurer does not pay, delays or stops answering
1. Put the process in writing
Avoid relying only on phone calls. Send a short written message asking for the current status, the insurer's position on liability, the documents it says are missing and the expected next step.
Example wording:
Please confirm in writing the current status of claim no. [number], whether liability has been accepted or refused, which documents are still considered missing and the legal or factual basis for any refusal or delay. I also request access to the relevant inspection or assessment information needed to understand the insurer's position.
2. Ask for a closed list of missing documents
If the insurer says that documents are missing, ask for a complete list. Repeated generic requests can delay the claim. Reply with the documents attached and keep proof of sending.
3. Identify the real problem
A delay can have different causes: the insurer has not yet inspected the damage, it disputes liability, it claims a document is missing, it considers the medical condition unstable, or it has made an offer that does not include all losses. The answer should match the problem.
4. Separate vehicle damage from bodily injury
Material damage and bodily injury may move at different speeds. Be careful with settlement documents: a full and final discharge can close more than you intended. If you are accepting only part of the compensation, this should be expressly recorded.
5. Ask for the reasons behind refusal or a low offer
If the insurer refuses liability or makes a low offer, ask for the facts, documents and calculations used. A reasoned response makes it easier to prepare a counter-position or decide whether escalation is justified.
Refusal, disputed liability and missing documents
Insurance refusals usually fall into a few recurring categories: the insurer says its insured driver was not at fault, it argues shared fault, it says the accident circumstances are not proven, it disputes the causal connection between the accident and the injury, or it says that the damage has not been documented.
The response should be evidence-based. Useful evidence can include photos, video, witnesses, the police report, the Friendly Accident Statement, medical records, repair estimates, inspection reports and previous communications. Where fault is disputed, chronology and consistency matter.
If the insurer relies on missing documents, ask exactly which documents are missing and why they are needed. If it refuses liability, ask for the factual and legal basis of the refusal. Vague answers should usually be challenged in writing.
What to do if the settlement offer is low
A low offer should not be answered only with "I disagree". Ask how the amount was calculated and compare the offer with the documented damage: repair costs, vehicle value, medical expenses, future treatment, lost income, travel costs, assistance, temporary disability and any permanent consequences.
In bodily injury cases, the timing of the offer is crucial. If you have not reached medical stabilisation, if surgery or physiotherapy is pending, or if permanent limitations are still being assessed, a final settlement may be premature.
- Request the calculation basis.
- Check whether all documented losses are included.
- Compare the offer with medical reports and income evidence.
- Do not sign a full discharge if you intend to keep part of the claim open.
- Get legal advice before accepting a final offer in serious injury cases.
Complaint, ASF, arbitration and court action
If the insurer does not answer, delays without explanation or gives an unclear refusal, a written complaint to the insurer is normally the first step. The complaint should identify the claim number, dates, documents sent, the missing response and what you are asking the insurer to clarify.
You may also consider a complaint to ASF, the Portuguese insurance supervisory authority. ASF can review insurer conduct and receive complaints, but it does not replace a court when the dispute is about liability or the final compensation amount.
In some insurance disputes, mediation or arbitration may be available, including through CIMPAS. Whether this route is suitable depends on the issue, value and parties involved.
Court action may need to be considered where the insurer maintains an unjustified refusal, does not pay despite relevant evidence, disputes fault without sufficient basis, makes a manifestly insufficient proposal or where bodily injury, loss of income and permanent damage require expert evidence and a judicial decision.
When speaking with a lawyer makes sense
Not every insurance delay requires a lawyer. But legal review becomes more important where there are injuries, disputed liability, shared fault, uninsured drivers, pedestrians, cyclists, motorcyclists, loss of income, surgery, permanent consequences, a low offer or a document asking you to waive future claims.
- There are fractures, surgery or hospitalisation.
- The insurer assigns you partial fault.
- The settlement offer seems too low.
- There is loss of income or sick leave.
- The insurer refuses without clear reasons.
- You are asked to sign a final discharge.
Related reading: car accident lawyer in Portugal and the sections on deadlines and medical records.
Useful documents for review
When the insurance company does not pay, refuses payment or makes a low offer, the analysis depends heavily on the documents available. It is useful to collect them in one folder.
Accident and liability
- Friendly Accident Statement or claim notification.
- Police report or PSP/GNR reference, if available.
- Photographs of the scene, vehicles, damage and signs.
- Witness details, vehicle plates and insurer details.
Insurer and damage
- Letters, emails or messages from the insurer.
- Emergency records, medical reports, tests and prescriptions.
- Repair estimates, invoices, inspections and vehicle valuation documents.
- Expense receipts, proof of lost income and messages already sent.
Practical checklist
- 1Ask for the claim status in writing.
- 2Request a precise list of missing documents.
- 3Send documents with proof of delivery.
- 4Separate vehicle damage from bodily injury.
- 5Ask for inspection or assessment information needed to understand the insurer's position.
- 6Check whether liability has been accepted or refused.
- 7If refused, ask for reasons in writing.
- 8If there is an offer, ask for the calculation basis.
- 9Do not sign a full discharge while injuries are still evolving.
- 10Collect medical reports, receipts and income evidence.
- 11Consider complaint, ASF, arbitration or court options depending on the facts.
- 12In serious injury cases, get legal and medical-legal review before a final agreement.
Common mistakes that can reduce compensation
Sending documents without structure
A disorganised set of receipts and reports can delay the claim. Create separate folders for the accident, vehicle, health, income, expenses and communications.
Not seeing a doctor promptly
If pain, dizziness, numbness or movement restrictions appear after the accident, medical assessment should be prompt. Delay can make the causal link harder to prove.
Accepting an offer before medical stabilisation
In bodily injury claims, final compensation should reflect the stable medical situation. Rushing can harm someone who still needs treatment, sick leave or future assessment.
Signing declarations without understanding their effect
Some declarations close the entire claim. Read before signing and ask for advice if the wording includes broad waiver or final settlement language.
Negotiating without knowing the real damage
Negotiating without medical records, income evidence, invoices or vehicle valuation documents puts the injured person at a disadvantage.
Frequently asked questions
What should I do if the insurer does not pay the claim?
Ask for a written response, identify whether the insurer refuses liability, says documents are missing or has only made a low offer. Then organise the evidence: accident report, insurer letter, photos, police report, medical records, expenses and vehicle documents.
How long does an insurer take to pay?
It depends on the type of damage, the evidence and whether there is agreement. Simple material damage can move quickly. Bodily injury claims may depend on medical stabilisation and quantification of the damage.
Can the insurer refuse without explaining?
A refusal should be reasoned. A vague answer should usually be challenged in writing, asking the insurer to identify the facts, documents and legal grounds relied upon.
Can I complain if the offer is low?
Yes. Ask for the calculation basis and respond with a documented counter-position. In injury cases, disagreement should rely on medical reports, injury assessment, expenses, income and functional impact.
Do I need a lawyer?
There is no general obligation to have a lawyer in every out-of-court stage. But in cases with injuries, disability, refusal, shared fault or a low offer, legal review can help assess rights, organise evidence and avoid a harmful discharge.
Does ASF set the compensation amount?
ASF can receive complaints about insurer conduct, but it does not replace a court when there is a substantial dispute about civil liability or the amount of compensation.
When might court action against the insurer be needed?
Court action may need to be considered where the insurer maintains an unjustified refusal, does not pay despite relevant evidence, disputes fault without sufficient basis or makes a clearly insufficient offer.
Related reading
Official sources
- Decree-Law no. 291/2007, of 21 August - compulsory motor liability insurance
- Ministerial Order no. 377/2008 - guiding criteria for bodily injury settlement offers
- Autoridade de Supervisao de Seguros e Fundos de Pensoes (ASF)
- Electronic Complaints Book
- CIMPAS - insurance mediation and arbitration centre
Disclaimer: This article is for general information only and is not a substitute for legal advice on your specific case. Deadlines, documents and strategy depend on the facts, evidence, type of damage and stage of the claim.