Car insurance
24. Claims
A. Own damage caused to the insured vehicle
1. Verification of claims and valuation of the consequences. This will be done by mutual agreement between the insurer and the insured, and the operation of evaluating the damage will begin as soon as the relevant notice to do so is received.
2. Claim settlement. Should the parties reach an agreement at any time regarding the amount and method of the indemnity, the insurer shall pay the agreed sum and make the necessary arrangements for the repair or replacement of the insured vehicle.
If the parties fail to reach an agreement within a period of 40 days following the claim report, and without prejudice to the terms of Article 31 below, the parties will comply with the settlement dispute proceedings as per the process established under Article 38 of the Insurance Contracts Act (Act 50/1980) of 8 October.
3. Criteria for the valuation of claims. Repairs will be valued according to the real cost of same, without prejudice to the terms established for tyres, and total losses will be valued pursuant to the terms of each specific cover.
4. In case of a change in the vehicle's value as new. In case of a change in the vehicle's value as new, the sum insured will be considered as automatically adapted to this change, the insurer being bound to adjust the premiums accordingly at their next due date, and, in the event of a claim, the average condition will not apply. This change will be calculated in accordance with the definition of "value as new" provided in the preliminaries of this policy.
5. Submission of invoices. Urgent repairs. The parties may agree to substitute payment of the indemnity with the repair or replacement of the damaged vehicle. When payment of the cost of the indemnity is agreed, the insured must submit, as a prerequisite, the invoices for the repair work performed.
Whenever there is urgent need for immediate repair, the insured may proceed to have the repair work done, providing the cost does not exceed 200 euros, submitting the invoice to the insurer, along with the claim report, in accordance with the method and terms established in the first paragraph of this point.
6. Obligations of the insured in the event of a fire. In the event of a fire, the insured must indicate, in addition to the general information to be included in the claim report, the place, date and exact time of the claim, its duration and known or presumed causes, the measures taken to counteract the effects of the fire and the approximate value of the damage.
7. Abandonment. The insured may not abandon the damaged property with the insurer, even when the insurer is circumstantially in possession of it.
B. Theft of the insured vehicle