As agents this makes out life a lot easier, most claims against third parties in CICOS are accepted within a week, if within the 3 days they respond confirming they do not insure that vehicle, the insurer can then contact FIVA who holds the database of all insured vehicles. FIVA are usually very quick to advise who the current insurer is, sometimes we have experienced delays that end, maybe 3 or 4 days if they are overloaded. Once they have the information about the insurer from FIVA, (click here to see full information about FIVA in English) they can then send them the claim and the above clock is reset for the new insurer receiving the claim.
We rarely get a claim that is refused due to the insurer not covering the vehicle, however, it has happened, if the other party has changed insurers and does not have the up to date receipt in the vehicle, you may have taken down the previous insurance details, it could be the case that the other party has not renewed his policy and is driving without insurance. It is not obligatory to carry proof of insurance in Spain anymore, the authorities can check on the national database to verify the existence of insurance, so in the event the other party does not have proof of insurance, don’t panic, we just need the registration number on the accident form filled out and we can contact FIVA to see who the insurer is.
We do get many claims that once sent to the other parties insurer, get the “we have no record of the claim” response, they tend to respond with this within a day or two, however they have 9 days to respond. If this happens then the insurer contacts their client and asks them to confirm their version of the events, once they receive their clients’ version, if they see their client is at fault they will confirm acceptance, if they do not they will refuse the claim and try and claim against your insurer. Best case scenario is having the claim accepted the same day we open it, worst case scenario tends to be 3 or 4 days wait to get told they have no record, then 15 days wait till acceptance. If we have a claim that does not fall under the CICOS agreement, best-case scenarios tend to be a month, as there is no agreement on how much they would pay outside CICOS, it is not just accepting liability, assessors reports, repair invoices have to be presented and accepted, 2 months is probably the average.
In the event the other party does not have a valid insurance policy, your insurer will notify the Consorcio de Compensacion del Seguros (click here for full information about the Consorcio in English) the Consorcio gives cover in the event a non-insured Spanish registered vehicle is involved in an accident, the Consorcio will assign their own assessor and cover the damages. Subsequently, the Consorcio will contact the owner of the uninsured vehicle and request reimbursement of their costs the owner would also get a fine for owning an uninsured vehicle.