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Practical guide · Excess and third-party protection

An excess in compulsory dog liability insurance: does the injured third party receive less?

An excess may exist in animal liability insurance without being usable to reduce the injured third party's compensation under the compulsory regime. That differs from the share the insured may bear in the relationship with the insurer. First establish which type of contract is being assessed.

By RMACHADO GROUP · · 3 min read

THE ESSENTIALS

Before you start

  • Order No. 585/2004 permits an excess that cannot be invoked against the injured third party or their heirs.
  • Distinguish third-party compensation from settlement between the insured and insurer.
  • Liability, the event's scope, insured amount and contract terms still need to be checked.

Identify the compulsory insurance concerned

This guide concerns liability insurance required for keeping dangerous or potentially dangerous animals. DGAV presents that regime and refers to Order No. 585/2004 in the related legislation. The animal's classification and the contract's purpose must be correctly identified.

A generic reference to 'dog insurance' does not establish the applicable regime. Ask the documents to identify the animal, liability insured and suitability for the particular legal obligation. The existence of other services for the animal does not answer this question.

Sources: Diário da República — Order No. 585/2004, point 4, excess and injured third parties ↗ · DGAV — Dangerous and potentially dangerous animals: regime and related legislation ↗

Point 4 protects the injured party's position

The order permits an excess that cannot be invoked against injured third parties or their heirs. The insurer therefore cannot rely on that excess to reduce the compensation owed to an injured party under this regime.

Check the applicable documents for how the insured's share is subsequently settled with the insurer. Third-party protection does not establish that the insured never pays any costs, or that an excess removes the need to notify the claim.

Sources: Diário da República — Order No. 585/2004, point 4, excess and injured third parties ↗

An example with explicit assumptions

Fictional example: an event covered by the compulsory policy, with liability established, involves €1,000 of compensable damage and a €100 contractual excess. The excess alone does not allow the third party to be offered only €900. Any internal settlement requires the terms to be read.

These are not actual offer figures or a recommended insured amount. The excess rule does not establish every other condition for compensation: the event, insured people, legally permitted exclusions and available insured amount matter. Do not promise a payment from arithmetic alone.

Sources: Diário da República — Order No. 585/2004, point 4, excess and injured third parties ↗

Questions for a quotation or notification

Before contracting, ask for the excess amount or formula, how it applies per event and the procedure for settlement with the insurer. Check the animal's and keeper's details and the policy's compulsory purpose. Read the excess alongside the other terms, rather than only as a way to reduce the premium.

If damage has already occurred, report the facts through the existing policy's support channel and retain the complaint and evidence. For future protection through RMACHADO, identify the scope you want confirmed. Do not post the animal's documents or the injured person's details on social media.

Sources: Diário da República — Order No. 585/2004, point 4, excess and injured third parties ↗ · DGAV — Dangerous and potentially dangerous animals: regime and related legislation ↗

KEEP THESE QUESTIONS

Your checklist for the next conversation

  • Confirm the compulsory purpose and the animal's identification.
  • Read the excess amount or formula and how it applies per event.
  • Clarify settlement between the insured and insurer.
  • Distinguish that settlement from third-party compensation.
  • Keep the quotation or notification documents.

FROM THE ARTICLE TO YOUR SITUATION

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Sources and transparency

Content updated on .

Consultation dates are stated in individual references when available.

Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.

Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.