How claims to the state disaster fund (Consorcio) are decided and paid

Key rules

• Decision-maker: The Consorcio alone decides and pays its claims, and your insurer only passes the claim on.
• Time limit: The right to claim for property damage lapses two years after the damage, so claim as soon as possible.
• Surcharge: Cover only applies if your policy includes the risk and the Consorcio surcharge was paid.
• Refusal: Appeal deadlines after a refusal are short, usually one month for the first appeal.

Who decides your claim

The Consorcio decides and pays these claims itself. Your insurer is only a go-between: it passes the claim on and can supply your policy data. The Consorcio appoints and pays its own loss adjusters (peritos) and sends the money to you or your beneficiary directly.

You can file through your insurer, or straight to the Consorcio online or by phone on 900 222 665. The choice and the steps are in the decision and the process below.

How much time you have

You have two years from the date of the damage to claim for property. Do not wait: claim as soon as you can, while the damage is still easy to show.

If your claim is under a life or accident policy, the period is five years.

What is paid

The Consorcio pays direct damage to people and property from extraordinary events. These include:

• floods from overflowing rivers
• earthquakes, tsunamis and volcanic eruptions
• atypical cyclonic storms, meaning winds over 120 km/h and tornadoes
• meteorite falls
• terrorism, riots and acts of the armed forces in peacetime

It pays only if your policy covers that kind of property (home, vehicle, business) and the Consorcio surcharge was paid with your premium. It pays up to the sums insured. You bear the same excess (franquicia) as for ordinary damage of that type. Vehicles and some other lines have no excess.

It does not pay for gradual wear or for damage your basic policy does not cover. Normal rain, sewer backup and similar problems are usually for your own insurer. Flooding from rain alone is often refused, so check this early.

How long payment takes

There is no single deadline for the whole claim. Simple claims usually settle within weeks to a few months. After a major disaster, with many claims at once, it can take longer, and the Consorcio may pay advances.

If the claim is refused or underpaid

You have these options:

1. Ask for a review. Send your reasons and supporting documents, and ask for a second expert appraisal.
2. Appeal. The Consorcio is a public body, so you can lodge an administrative appeal, usually within one month.
3. Go to court. After the appeal, you can go to the administrative courts, generally within two months. Some disputes over the insurance contract can go to the civil courts.
4. Complain. The Consorcio has a customer defender service, and the insurance regulator handles complaints about insurers.

These deadlines are short and the right route depends on the decision you received. Get legal advice as soon as you receive a refusal.

Keep your documents ready before anything happens. The checklist below shows what to keep.

Choosing between options

Should you file your claim directly with the Consorcio or through your insurer?

• File directly with the Consorcio: You want control of the claim. You can file online or by phone on 900 222 665, with your ID, policy details, photos and IBAN ready.

• File through your insurer: You prefer your insurer to pass the claim on and supply the policy data. The Consorcio still decides and pays.

Both routes lead to the same decision: the Consorcio alone decides and pays, and its own experts assess the damage. Choose the route that is easier for you, and claim soon.

Claim from the state disaster fund (Consorcio) in order

Your Consorcio claim, step by step

• Tell your insurer about the loss. You can claim straight to the Consorcio, but telling your insurer too avoids disputes over who pays, and it must give you your policy details: as soon as the event happens, alongside your claim

• Gather your proof: ID, policy details, photos or video of the damage, the date of the event, your IBAN and any inventories or invoices: before you submit the claim

• Submit the claim to the Consorcio through its website form, by phone on 900 222 665 (952 367 042 from abroad), or through your insurer or mediator: as soon as possible, and always within two years of the damage

• Keep the claim reference number you receive and send any extra documents the Consorcio asks for: right after you submit

• Attend the loss assessment: an independent expert (perito) contacts you, visits the property, photographs the damage and estimates the repair cost: after the Consorcio receives your claim

• Read the Consorcio's valuation and accept it, or state your objections and ask for a review or a second expert appraisal: when you receive the valuation

• Receive payment by bank transfer to the account you gave. For large losses the Consorcio may pay advances: after you accept the valuation

• Track the decision using your reference number: call the helpline, use the claim tracking area on the website, or ask the expert, your insurer or your mediator: at any point after filing

Documents you need

• The Consorcio claim form, completed with a description of the damage and the date of the event.

• Your ID: DNI, NIE or passport.

• Your insurance policy details: the insurer and policy number, or proof of cover.

• Photographs or video of the damage.

• Your bank account details (IBAN) with proof that the account is yours.

• Repair invoices, an inventory of damaged goods and proof that you own the property, if the Consorcio asks for them.

• For vehicles, the registration papers. For deaths or injuries, medical or official reports.

• For businesses, the tax ID and other proof of the activity.

Documents and photos to keep ready for a catastrophe claim

Keep these ready before a catastrophe

• Keep a copy of your policy and the payment receipt where you can reach it even if you cannot enter the home.

• Find the clause on risks covered by the Consorcio de Compensación de Seguros in your general conditions (usually near the end) and check that your particular conditions confirm the cover.

• Write an inventory of your contents and keep the purchase proofs with it.

• Take dated photos or video of the property and your valuables.

• Keep the property deeds or registry details with your policy papers.

• Save a copy of your ID (DNI, NIE or passport) and your IBAN with proof that the account is yours.

• Save your policy number, your insurer's claim number and the Consorcio helpline: 900 222 665 from Spain, 952 367 042 from abroad.

• After a loss, photograph the damage before any cleaning or repairs, and keep repair estimates and invoices.

What to watch out for

• Rain flooding may not be covered: Flooding from rain alone, as distinct from overflowing rivers, is often a point of dispute, and damage the basic policy does not cover is not paid. Read your policy before you claim and ask your insurer or the Consorcio whether your type of damage is covered.

• Payment can take longer after a major disaster: There is no single fixed deadline for the whole claim, and after large floods the process can take months. Keep your claim reference and follow up regularly. Ask whether an advance payment is possible.

• Deadlines for challenging a refusal are short: If the Consorcio refuses or underpays, an administrative appeal is typically due within one month, and a court challenge generally within two months. Send your reasons and documents in writing, ask for a second expert appraisal, and get legal advice early.

Frequently asked questions

Does the time limit change for life or accident policies?

Yes, claims based on a life or accident policy have five years instead of the two years that apply to property damage. Confirm the period for your specific policy type with the Consorcio. Whatever the policy, claim as soon as possible after the event.

How long does the Consorcio take to pay a claim?

Simple claims are usually settled within weeks to a few months, but there is no single fixed deadline for the whole claim. After major catastrophes such as large floods, it can take longer, and advance payments are sometimes made. The undisputed minimum amount should be paid within 40 days of notifying the loss.

Will the Consorcio cover flooding caused only by heavy rain?

Often not, because rain flooding on its own is different from overflowing rivers, and it is a frequent point of dispute. Normal rain and sewer backup are usually matters for your ordinary insurer. Ask the Consorcio or your insurer about your case before assuming it is excluded.

Where can I complain if I disagree with how the Consorcio handled my claim?

You can use the Consorcio's customer defender service for complaints. The Dirección General de Seguros y Fondos de Pensiones, the government body that supervises insurers, handles complaints about insurers. Get legal advice early if you plan to go further.