Insurer reasoned offer after a road accident
After a documented claim, the insurer must act under article 7 of RDL 8/2004 and make a reasoned offer where liability and damage are established, or a reasoned response in other cases.
Who it is for
- Injured parties who received a reasoned offer or response.
- People who consider the amount insufficient or the valuation incomplete.
Main requirements
- Have the prior claim and insurer response.
- Compare the offer with all medical and financial evidence.
- Identify which heads of loss were accepted, rejected or omitted.
Documents
- Reasoned offer/response.
- Prior insurer claim.
- Medical evidence, expenses and damage evidence.
How it works
- Analyse offer structure and admitted facts.
- Review the medical/economic basis.
- If the offer is disputed, consider supplementary expert evidence; under Article 7 the injured person may request a report from the Institute of Legal Medicine and Forensic Sciences without the insurer’s agreement and at the insurer’s cost.
- After a supplementary expert report is delivered, check the new reasoned offer due within the statutory one-month period.
- If the damage cannot yet be fully quantified, review the reasoned response and the required periodic updates.
- Negotiate or assess an appropriate dispute-resolution method and the next claim route according to the case.
Frequently asked questions
How long does the insurer have to make a reasoned offer?
Article 7 of RDL 8/2004 generally requires a reasoned offer within three months of receiving the injured party’s claim where liability and damage are established, or a reasoned response in other cases.
What can I do if I disagree with the offer?
The evidence can be reviewed and supplementary expert assessment requested. Under Article 7, the injured person may request a report from the Institute of Legal Medicine and Forensic Sciences without the insurer’s agreement and at the insurer’s cost; after delivery of a supplementary report a new reasoned offer is due within one month.
What if the damage cannot yet be fully quantified?
The reasoned response must explain why and, in the cases covered by Article 7, include a commitment to provide a reasoned update on the claim every two months.
Does accepting the offer finally close the claim?
It depends on the wording and scope of any agreement. The reasoned offer must state that payment is not conditional on waiving future actions where the compensation received is below the amount legally due; any additional settlement should be reviewed on its own terms.
Official sources
Reviewed: 20/08/2026
Road traffic accidents
Personal injury compensation after a road accident
Medical evidence, temporary injury, sequelae and accident-related expenses.
ReadVehicle and property damage after a road accident
Repairs, total loss, towing, replacement transport and other evidenced expenses.
ReadAccident with an uninsured or unidentified vehicle
Assessment of possible compensation through the Consorcio de Compensación de Seguros in statutory cases.
ReadOut-of-court road accident claim
Preparing a claim, negotiating with the insurer and seeking settlement without initially going to court.
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