THE ESSENTIALS
Before you start
- Article 104 counts 30 days from establishing the facts referred to in Article 102.
- Receiving notification and establishing the facts are not necessarily the same date.
- Identify the claim’s framework and what actually remains to be clarified.
A simple acknowledgement is not the starting point
Under the general insurance-contract framework, Article 102 links performance to confirming the insured event, its causes, circumstances and consequences. Where needed, those consequences may first require quantification. Article 104 provides that the obligation becomes due 30 days after those facts have been established.
That differs from “30 days after I clicked send”. An automated message proves receipt to the extent it states; it does not by itself demonstrate that all facts have been established. Nor does an isolated report’s title establish that the entire assessment has ended.
Record different stages on separate lines
As an editorial method, D. Graça records the occurrence, notification, delivery of each requested item and responses received. Clara adds a column showing what each document confirms. “Files received” and “consequences quantified” are not put on the same line merely to obtain a convenient date.
If a communication confirms completion of the factual assessment, keep it with the basis of the amount and terms of performance. If unclear, ask which facts remain unconfirmed, what information is needed and where quantification stands. Do not fill those gaps with a date chosen by the customer.
Due date, method and recipient are separate questions
Article 102 allows monetary or non-monetary performance: not every contractual obligation consists of a transfer to the insured. Article 103 also protects third-party rights known to the insurer, including preferential creditors. Therefore clarify who the recipient is and which form of performance is being discussed.
In the fictional example, D. Graça needs to know whether the response concerns an arranged repair or a payment, and to whom. Clara does not infer this from the sum insured on the policy. Reading a deadline does not replace confirming the obligation, calculation or parties holding rights over performance.
A question about delay should identify the outstanding issue
If the response only says “under assessment”, seek a concrete answer: which fact remains unestablished, what item was requested, when was it delivered and what prevents the next stage? Keep evidence. The guide explains the general framework’s legal trigger; it neither justifies indefinite waiting nor declares a delay legitimate simply because a pending label exists.
Before calculating a deadline or alleging non-compliance, confirm the applicable framework. Specific procedures for other insurance and situations should not be reduced to this one rule. Disagreement about completion of the assessment or when an obligation becomes enforceable may require specialist assistance and examination of the case’s documents and deadlines.
Separate claim follow-up from future protection
Use policy support and the correct reference for an existing claim. If the next communication is a complaint, identify the disputed position and keep the text and response. A new quotation does not change when an old benefit becomes due, automatically reopen a claim or correct past protection.
To prepare future insurance, select the appropriate branch under Request a quote on the RMACHADO website. Clara leaves D. Graça one simple task: keep the chronology and formulate the question with supporting documents. Share personal documents only through the indicated channel, never in public comments.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Identify the framework and deadline rule that actually apply.
- Distinguish receipt, deliveries, confirmation of facts and quantification.
- Ask about the precise outstanding issue and keep the response and evidence.
- Clarify method, amount and recipient without assuming payment.
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.