THE ESSENTIALS
Before you start
- No medical discharge does not mean waiting for final assessment of everything.
- The provisional offer identifies expenses and temporary-incapacity periods already incurred.
- Clarification of what remains to be assessed is distinct from payment.
When a provisional offer arises
Article 37(2) of Decree-Law 291/2007 addresses the situation where, within the period in paragraph 1(c), no medical-discharge report has been issued or the damage is not fully quantifiable. The assumption of liability then takes the form of a provisional offer, specifying amounts for expenses already incurred and loss arising from temporary-incapacity periods already elapsed.
Paragraph1(c) refers to 45 days from the compensation claim, subject to its stated conditions. Articles 31–32 delimit the regime; do not turn that reference into a promise of a transfer 45 days after any accident. A refusal or a communication that liability remains undetermined must also be distinguished from an accepted offer.
Separate the items in the document
As an organisational method, Inês makes three columns: the expense or period listed; the supporting document; and the unanswered question. A paid invoice, a receipt and an estimate for future care do not describe the same situation. Clara asks her not to combine them into an unexplained general total.
If an amount cannot be linked to an item, ask for clarification before replying. Identify what the document is not assessing as well. This guide sets no incapacity percentage, recommends no treatment and does not replace the clinical or legal assessment of the case.
The next step has its own condition
If the provisional offer has been accepted, paragraph 2(b) requires the consolidated assumption of liability within 15 days of the insurer learning of the medical-discharge report, or of the date when the damage becomes fully quantifiable, if later. This reference concerns that communication; it is not itself the date of a transfer.
Inês keeps the full offer, attachments and her reply. Before accepting or signing any document, she clarifies what its wording covers and obtains appropriate help if a discharge or outstanding rights are unclear. Provisional in an email subject does not remove the need to read the complete document.
Discharge, agreement and payment belong on separate lines
Clara separates the compensation claim, received communications, medical-discharge information, quantification and payment in the timeline. An unknown date stays pending rather than being replaced with an estimate. Distinguishing the amount offered from matters still under assessment helps someone organising expenses during recovery.
For an accident that has already occurred, use Policy support and claims on RMACHADO’s website and the private channel indicated for medical documents. Keep them out of public comments. For future protection, select Motor under Request a quotation. A new request neither creates cover for an earlier accident nor approves compensation.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Identify the offer, its items and the elapsed periods.
- Link amounts to documents and flag what remains to be assessed.
- Clarify the scope of a reply before accepting or signing.
- Keep the timeline and obtain help through the existing case.
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.