Reasoned offer from the insurer: what is it and what can you do if you disagree?

After a road traffic accident in Spain, the insurer for the responsible party may send the injured person a formal proposal stating the amount it is prepared to pay as compensation. This document is commonly known as a reasoned offer (oferta motivada).

Receiving a reasoned offer does not mean the amount is necessarily correct or that you must accept it. Before making a decision, it is important to understand what has been included in the calculation, what may have been left out and what options are available if you disagree.

What is a reasoned offer?

A reasoned offer is the insurer’s formal compensation proposal after a traffic accident when liability is established and the damage can be quantified. The main rules are contained in Article 7 of Spain’s motor vehicle civil liability and insurance legislation.

Once the injured person submits a claim, the insurer generally has three months to issue a reasoned offer if liability and the amount of damage can be assessed. If a final valuation is not yet possible, the insurer must instead provide a reasoned response explaining why.

What should a reasoned offer contain?

It should not simply state one final figure. The insurer should provide enough detail for the injured person to understand how the proposed compensation has been calculated.

• the compensation proposed for personal injury and property damage;
• a separate assessment of different heads of loss where applicable;
• the medical reports, documents and other material used to calculate the amount;
• a sufficiently detailed breakdown so the injured person can assess whether to accept or challenge the offer.

Do you have to accept the insurer’s offer?

No. Receiving a reasoned offer does not oblige you to agree with the insurer’s valuation.

Before accepting, it is advisable to review not only the total amount but also how each part of the claim has been valued.

What should you check before accepting?

1. Recovery period and personal injury days. Check whether the treatment period and the impact of the injuries on daily life have been properly assessed.

2. Ongoing symptoms and permanent consequences. If pain, reduced mobility or other lasting effects remain after treatment, make sure they have been taken into account.

3. Medical evidence. Medical reports, diagnostic tests, rehabilitation records and treatment history can be crucial to the valuation.

4. Accident-related expenses. Depending on the case, this may include medical costs, travel expenses, rehabilitation and other expenditure caused by the accident.

5. Loss of earnings. If the injuries caused an economic loss or prevented you from working, the financial consequences should be reviewed.

6. Property damage. Damage to the vehicle and other property should be assessed separately from personal injury.

What if the amount seems too low?

It is usually more useful to identify which specific part of the insurer’s calculation may be incomplete or incorrect rather than simply rejecting the figure as too low.

• the recovery period has been calculated incorrectly;
• ongoing symptoms or permanent consequences have been omitted or undervalued;
• the insurer disputes the link between certain injuries and the accident;
• expenses or loss of earnings have not been included;
• property damage has been undervalued.

The offer can then be compared against the medical, financial and other evidence available, and a properly supported request for a higher amount can be prepared where appropriate.

Can you receive the offered amount and still claim more?

A reasoned offer should not make payment of the proposed amount conditional on the injured person waiving future rights where a higher compensation may legally be due.

However, any document sent for signature should be reviewed carefully. Receiving a payment is not the same as signing a settlement, release or final agreement with additional legal consequences.

What is a reasoned response?

Sometimes the insurer cannot yet make a final valuation. For example, treatment may still be ongoing and the long-term effects of the injury may not yet be known. In those circumstances the insurer may issue a reasoned response explaining why a final offer cannot yet be made.

How long does the insurer have to respond?

As a general rule, once the injured person’s claim has been received, the insurer has three months to issue a reasoned offer or, where justified, a reasoned response.

For that reason, it is important to keep evidence showing when and how the original claim was submitted to the insurer.

What can you do if you disagree?

Depending on the circumstances, you may be able to submit further medical or financial evidence, obtain an independent assessment, send a further formal claim and continue negotiations with the insurer. If the dispute cannot be resolved, other legal remedies may also be considered, including court proceedings where appropriate.

A simple example

Imagine an insurer offers €4,500 after a road traffic accident. The figure alone does not tell you whether the offer is fair. You would need to review the treatment period, impact on daily life, any ongoing symptoms, medical evidence, accident-related expenses, loss of earnings and the insurer’s calculation method.

Only after reviewing those elements can you make an informed decision about whether to accept the offer or continue seeking a higher amount.

Frequently asked questions

Do I have to accept the first offer from the insurer? No. If you believe the valuation is incomplete or too low, it can be reviewed and challenged.

Does the insurer have to explain the calculation? Yes. A reasoned offer should contain enough information to understand the basis of the proposed compensation.

What if I am still receiving treatment? If the damage cannot yet be fully assessed, the insurer may issue a reasoned response and continue the valuation once the medical situation becomes clearer.

Can I claim more than the insurer offers? Yes, where the evidence supports a higher level of compensation.

Before accepting a reasoned offer, it is worth checking what has been included, what may have been omitted and whether the valuation matches the medical and financial evidence in your case.