THE ESSENTIALS
Before you start
- The accident date is not Article 43’s reference point.
- Check assumption of liability and the requested documents.
- Disagreement about a decision needs its own assessment.
What is the legal reference point?
Article 43 of Decree-Law 291/2007 requires payment to the injured party within eight working days of assuming liability under Articles 38 and 39, subject to the necessary documents being presented, unless otherwise agreed.
Clara asks Rui to separate notification, inspection, decision and payment. Having a case reference or knowing that the car was inspected does not establish that every step occurred. Rui starts by locating the communication he actually holds.
Ask which document is missing and why
Prepare a short enquiry: which assumption-of-liability communication is being considered, what information is still required for payment and where should it be submitted? If you receive a list, compare it with what you have already sent and retain delivery evidence.
Do not estimate a missing date or repeatedly send the same documents without checking the reply. Each requested item should be identified by name and purpose. Keep bank details, documents and personal identifiers out of social media comments.
Disagreement and timing are different questions
If the decision is disputed and arbitration not accepted, the insurer is excused from those deadlines (Article 44(3)). Not every complaint automatically has that effect.
If Rui disputes the amount or decision, he describes the exact issue and asks which route applies. He does not sign a discharge or accept an offer simply to try to start a countdown. Disputed rights and submitted documents require their own assessment.
First check whether the regime applies
Articles 31–32 define the scope; this is not a rule for every Motor cover or payment.
Rui identifies the damage for which he seeks payment and the process handling his claim. If the response relies on another provision, he asks for it to be identified. The date an inspection report becomes available does not replace consideration of payment to the injured party.
A timeline that helps obtain an answer
Make a sheet with each document, its date, sender and subject. Mark unconfirmed information as pending. For someone who needs the car and is relying on the money, separating these stages is more useful than assuming a transfer date without reading the decision.
For an accident that has already occurred, use Policy support and claims. To prepare future protection, select Motor under Request a quotation. A new request does not change an earlier claim’s deadlines. Clara leaves four checks without calculating a breach, interest or an individual amount in this example.
KEEP THESE QUESTIONS
Your checklist for the next conversation
- Locate the decision communication.
- Check the necessary documents and delivery evidence.
- Identify any disagreement and the applicable framework.
- Retain a timeline and seek support 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.