Disagreeing with the loss adjuster's valuation (peritaje)

Terms used

• Peritaje contradictorio — The peritaje contradictorio is the procedure where your expert and the insurer's expert assess a disputed loss, with a third expert if they disagree.
• Perito — A perito is an expert who values damage, either for the insurer or independently for you.
• Presupuestos — Presupuestos are itemised quotes from firms for repairing or replacing damaged items.
• Regla proporcional — The regla proporcional cuts your payout in proportion when your sum insured is lower than the real value of what is insured.

Key rules

• Deadline: You have 10 days from receiving the insurer's valuation to reject it in writing and name your own expert.
• Silent insurer: If the insurer neither accepts your expert nor names its own within 10 days, it is bound by your expert's valuation.
• Costs: Each side pays its own expert and the third expert's cost is split equally, unless one side is made to pay all of it.
• Third report: The third expert's report binds both sides unless it is challenged as clearly incorrect.

You can challenge a low valuation, but the clock starts at once

If you think the insurer's expert undervalued the damage, you can reject the valuation and bring in your own expert. This is the contradictory expert procedure (peritaje contradictorio). You have 10 days from receiving the valuation to tell the insurer in writing and name your own expert. Note the day the valuation arrives and act straight away.

How the procedure works

1. Hire an independent expert (perito). Choose someone who can review the damage and defend a figure.
2. Send a written notice. Say you reject the valuation and name your expert. Keep proof the insurer received it.
3. The insurer has 10 days to reply. It can accept your expert or name a different one. If it does neither, it is bound by the valuation of your expert.
4. If both experts agree, their joint report binds you and the insurer.
5. If they disagree, they appoint a third expert. If they cannot agree on one, the court names one.
6. The third expert has 30 days to issue a report. It binds both sides unless someone challenges it as clearly incorrect. The insurer has 30 days to do so. You have 180 days.
7. The insurer must pay the undisputed amount within 5 days of the report.

The timeline below shows these steps in order.

What it costs

You pay your own expert. The fees and costs of the third expert are split equally. If one side made an unreasonable valuation or forced the procedure through its conduct, that side can be made to pay the whole cost of the third expert. Weigh this before you start. The decision block below helps you choose.

Build your evidence first

Your expert's report is the strongest evidence, and it is the one used in this procedure. Give your expert itemised quotes (presupuestos) from independent firms showing materials and labour, purchase invoices, and dated photos and videos. The documents block below lists everything useful.

Why the offer may be lower than replacement cost

Compensation cannot exceed the real damage, valued at the time of the loss. Check your policy for three points:

• Replacement or actual value. Many policies pay new-for-old. If yours pays actual value, the insurer deducts for age and wear.
• Underinsurance. If your sum insured is lower than the real value of what is insured, the proportional rule (regla proporcional) cuts the payout in that proportion, unless your policy waives it.
• Overinsurance. If the sum insured is higher than the real value, you are paid only the real loss.

Some policies waive the proportional rule for certain items. If the low figure comes from one of these points, your expert may not change it, so read your policy first.

Choosing between options

Should you take the dispute to a third expert, or accept the insurer's valuation?

• Accept the valuation: The gap between the insurer's figure and your quotes is small, so paying your own expert would cost more than you would gain.

• Challenge with your own expert: Your quotes or invoices are clearly higher. You pay your own expert, and if a third expert is needed, its costs are shared equally.

• Push for the insurer to bear the third expert's cost: The insurer's valuation was unreasonable or it forced the procedure.

Challenge when the likely extra payout is larger than your own expert's fee plus half of the third expert's costs.

Timeline and deadlines

• Tell the insurer in writing that you reject its valuation and name your own expert: within 10 days of receiving the valuation

• The insurer accepts your expert or names a different one; if it does neither, it is bound by your expert's valuation: within 10 days of your notice

• If both experts agree, their report binds both sides; if not, they appoint a third expert, or the court names one: after the two experts compare valuations

• The third expert issues the report: within 30 days

• The insurer can challenge the third report as clearly incorrect: within 30 days of the report

• You can challenge the third report as clearly incorrect: within 180 days of the report

• The insurer pays the undisputed amount: within 5 days of the report

Documents you need

• Itemised repair or replacement quotes (presupuestos) from independent firms, showing materials and labour

• Purchase invoices for the damaged items

• Dated photos and videos of the damage

• Construction cost data or an appraisal for the building, if the building is damaged

• Market prices for equivalent items, for contents you want valued higher

• A report from your own independent expert (perito), the strongest evidence and the one used in the contradictory expert procedure

Checklist

• Note the date you received the insurer's valuation, because your 10 days start then

• Hire an independent expert (perito) to review the damage

• Send the insurer a written notice rejecting the valuation and naming your expert

• Watch for the insurer's reply within 10 days and note whether it accepts your expert or names another

• If the two experts disagree, agree on a third expert or ask the court to name one

• Diarise the dates to challenge the third expert's report if you think it is clearly wrong

Frequently asked questions

Who pays for my own expert if I challenge the valuation?

You pay your own expert, and the insurer pays its own.

Can the insurer be made to pay the whole cost of the third expert?

Yes, a party can be made to pay the entire cost of the third expert if it made an unreasonable valuation or forced the procedure by its conduct. Otherwise the cost stays shared equally.

What happens if the insurer ignores the expert I named?

If the insurer does not accept your expert or name a different one within 10 days, it is bound by the valuation your expert gives. That makes it worth naming your expert in writing and keeping proof of delivery.

Why might my payout be lower than the cost of replacing everything?

If your sum insured is lower than the real value of the property, the proportional rule (regla proporcional) cuts the payout in the same proportion, unless your policy waives it. Check your policy for a first-risk or no-proportional-rule clause.