In times of catastrophe or serious disaster, when the flames of a fire devour a car or leave a home (your house) completely destroyed , the initial desolation usually gives way immediately to economic and legal uncertainty: Who is responsible for this disaster ? Will I recover what I have lost?
There is a widespread belief among the public that, in the event of a major fire, the Insurance Compensation Consortium is the public body that automatically intervenes to compensate those affected. However, this is a serious misconception that can leave many families unprotected.
In this article, the legal team at Vosseler Abogados explains how coverage works in these types of claims, what the Consortium's limits are, and what you should check in your individual policies to demand fair compensation.
The Compensation Consortium does NOT always act
The Insurance Compensation Consortium is a public body that provides coverage for what the law defines as "extraordinary risks." These include earthquakes, extraordinary floods, windstorms, and acts of terrorism.
However, ordinary fires, accidental fires, and even forest fires are not generally included in the catalog of extraordinary risks covered by the Consortium, unless the event is formally declared by the Government as a catastrophe with very specific characteristics.
What does this mean in practice? That in the event of losing your home or car to a fire, the answer depends solely and exclusively on your private insurance policies.
Individual policies: the true line of defense
Since the Consortium is not involved, the legal focus shifts entirely to the fine print of the contract signed with your insurance company . At this point, we encounter two main scenarios:
- Loss of vehicle (Car insurance)
- Basic third-party insurance: If your policy is basic and does not explicitly include fire coverage, the insurance company will not pay anything at all for the loss of the vehicle.
- Extended third-party insurance or comprehensive insurance: If you have fire or theft/fire coverage, the insurer must compensate you. However, it is essential to review the car valuation (new value, market value, or resale value) that the company intends to apply. And they often try to pay figures substantially lower than the vehicle's actual value.
- Loss of home (Home Insurance)In the case of a property, home insurance must clearly distinguish between two concepts:
- The Continent (the structure): It must cover the reconstruction or repair of walls, roofs and installations.
- The Contents (your belongings): Cover the furniture, appliances, clothing, and personal belongings destroyed by the fire.
Beware of underinsurance! If you declared that the contents of your home were worth €20.000 and you actually had assets worth €50.000, the insurer will apply a proportionality rule that will greatly reduce your compensation.
Key steps to take after suffering a fire
If you have been affected by an incident of this nature, the speed and manner in which you act in the first few hours will determine the success of your subsequent claim:
- Report the incident within the deadline: The Insurance Contract Law It establishes, as a general rule, a maximum term of 7 days to report the incident to your insurance company.
- Collect and preserve evidenceTake photos and videos of everything possible before cleaning or clearing debris. Keep invoices, estimates, property deeds, or inventories of the destroyed goods.
- Request the intervention of an independent expertThe initial valuation made by the expert sent by the insurance company will defend the interests of the company itself, not yours.
- Don't sign agreements in hasteInsurance companies often offer settlements or quick, low compensation, taking advantage of the victims' vulnerable state.
How can Vosseler Abogados help you?
Dealing with the loss of your assets is a painful and complex process . Furthermore, facing the bureaucratic and legal machinery of a large insurance company without technical advice can result in losses of thousands of euros to which you would be entitled.
At Vosseler Abogados:
- Analyzed meticulously review the specific and general conditions of your policy.
- We audit the valuation of the compensation offered by the company with the support of independent judicial experts.
- We demand and we negotiate through extrajudicial means. And, if necessary, We went to court to ensure that you receive the maximum compensation to which you are legally entitled.
If you have suffered the loss of your belongings (house or car) in a fire and have doubts about your insurance coverage, you are not alone.
📞 Get in touch with the Vosseler Abogados team through our web form or call us directly for an initial consultation.
