Practical guide

IATI Insurance Complaints: How to File a Claim Step by Step

Filing a complaint against a travel insurance company is a right recognised by Spanish legislation (IATI is a Spanish insurer subject to Spanish contract law). This guide explains the legal deadlines, the required documentation and the different routes — extrajudicial, administrative and judicial — to file a complaint against IATI Seguros in an orderly way and with the best chance of success.

1. Before filing: what to prepare

The quality of the documentation you submit largely determines the outcome. Any well-founded complaint should include:

  • Copy of the IATI insurance policy with its particular conditions.
  • Proof of payment of the premium.
  • Correspondence with the insurer about the claim (emails, WhatsApp, registered letters).
  • Medical reports, invoices, receipts or tickets depending on the type of incident.
  • Claim file number assigned by IATI.
  • Written chronology of events, in temporal order, with specific dates.

Always keep originals and work with scanned copies. Never send originals to anyone by post.

2. Important legal deadlines

In Spain, complaints against insurance companies are regulated by the Insurance Contract Law 50/1980, Royal Decree-Law 3/2020 and Order ECC/2502/2012. Key deadlines:

  • 1 month — maximum time for the insurer's Customer Service to respond in writing to your complaint.
  • 2 years — general prescription period for actions under the insurance contract for property insurance (art. 23 LCS).
  • 5 years — prescription period for personal insurance.
  • 7 days — usual period to notify the incident to the insurer from the moment it occurs, unless a different contractual clause applies (art. 16 LCS).

Check when each deadline starts: the one-month period for Customer Service starts on the day you file the written complaint. Prescription periods start when you can exercise the action (usually from the final denial or from the moment of the claim event).

3. Complaint routes, in order

Step 1 — IATI Customer Service Department

It is mandatory to first file the complaint with IATI's Customer Service Department (SAC) before approaching any public body. The insurer has 1 month to reply in writing.

IATI's SAC contact details are usually identified in the policy and on the insurer's official website. Submit your complaint through a channel that proves the sending date: email with delivery confirmation, burofax (Spanish certified fax) or web form with confirmation.

Step 2 — Policyholder Ombudsman

If the insurer has a Policyholder Ombudsman (an independent internal second instance), it is optional to approach them before escalating the complaint to external bodies.

Step 3 — Directorate-General for Insurance and Pension Funds (DGSFP)

The Spanish DGSFP, part of the Ministry of Economic Affairs and Digital Transformation, resolves complaints against insurance companies. Its report is non-binding for the company, but:

  • It is free of charge.
  • It can be filed online through its electronic office.
  • A favourable report for the policyholder carries evidential weight in court.
  • The insurer receives regulatory monitoring if complaints accumulate.

Step 4 — Consumer arbitration

If IATI is enrolled in the consumer arbitration system (checkable at the Arbitration Board of your Spanish autonomous community), you can start an arbitration process that is free, fast (usually 4-6 months) and binding. If the company is not enrolled in arbitration, this route is not available.

Step 5 — Judicial route

The final route is a civil lawsuit before the first instance courts. Try the previous routes first because they are faster and cheaper, but this is the only one with fully enforceable resolutions. For claims up to €2,000, no lawyer or court agent is required (oral trial).

4. Official complaints form

As a consumer you can request the official complaints form at any time. IATI is obliged to provide it to you and to process the corresponding copy. The complaints form activates the autonomous consumer protection circuit and constitutes a formal precedent that is very useful if you later escalate to the DGSFP or the courts.

5. Common mistakes that weaken a complaint

  • Complaining by phone without a written trail. Always in writing.
  • Missing the deadline to notify the incident (art. 16 LCS).
  • Submitting unsigned or undated copies.
  • Losing correspondence with the insurer: keep every message.
  • Rejecting the first offer without a written counter-proposal.
  • Letting the deadline prescribe through inactivity.

Frequently asked questions about IATI complaints

How long does IATI have to respond to a complaint?

One month from the moment you file the written complaint with the Customer Service Department. If there is no response within that period, the complaint is deemed rejected and you can escalate to the DGSFP or other routes.

What documentation do I need to file the complaint?

Policy, proof of payment, correspondence with the insurer, medical reports or invoices if applicable, claim file number and written chronology of events.

Can I complain if IATI has denied my claim?

Yes. Any denial can be challenged. Always start with IATI's internal Customer Service and, if no solution is reached, escalate to the DGSFP, arbitration or the courts.

Is the complaint with the DGSFP free?

Yes, completely free for consumers. It is filed online through the Spanish Ministry's electronic office and does not require a lawyer.

What happens if IATI does not respond within the legal deadline?

The complaint is deemed rejected. That silence opens the route to the DGSFP, consumer arbitration (if the insurer is enrolled) or directly to the courts.

Is consumer arbitration worth it?

Yes, if the insurer is enrolled: it is free, fast and binding. If not enrolled, you will need to opt for the DGSFP or judicial route.

Can I share my experience on this portal?

Yes. Anyone with an IATI policy can share their experience (positive or negative) through the submit review page. With documentation, you get the verified review badge.

Have you had to file a complaint against IATI? Your experience helps other travellers who are researching. Share it through our review form — we publish both positive and negative experiences.

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Legal notice: this guide has purely informational purposes and does not constitute personalised legal advice. For complex cases consult with a lawyer specialised in insurance law or with consumer associations of your Spanish autonomous community (OCU, FACUA, ADICAE, etc.). Applicable legislation may be updated; always verify the current regulations.