After an earthquake, the first priority is protecting life and preventing additional harm. Once immediate safety concerns have been addressed, insured property owners and businesses should act promptly to preserve their rights and the evidence supporting their claims.
1. Notify the Insurer Promptly
Article 1075 of the Colombian Commercial Code generally requires the insured or beneficiary to notify the insurer within three days after learning—or when they should reasonably have learned—of the loss. The policy may extend this period, but it may not reduce it.
Notify the insurer as soon as possible, even if you have not yet calculated the full value of the damage. An initial notice should identify:
- The policyholder and policy number, if available.
- The affected property and its location.
- The date and approximate time of the loss.
- A preliminary description of the damage.
- Any immediate safety or mitigation measures taken.
Always request written confirmation and a claim reference number. Public knowledge of the earthquake does not replace individual notice.
Delayed notice does not necessarily cause the automatic loss of every insurance right. Article 1078 addresses consequences in relation to the prejudice caused to the insurer, while bad-faith noncompliance may have more serious effects. Delay nevertheless creates avoidable evidentiary and contractual risks.
2. Prevent Further Damage—Without Taking Unsafe Action
Article 1074 requires the insured to take reasonable measures to prevent the loss from spreading. This does not mean entering an unsafe structure or undertaking major repairs without authorization. Emergency measures should be proportionate, documented and focused on safety and loss mitigation.
Depending on official and technical guidance, reasonable measures may include:
- Isolating a damaged area.
- Protecting exposed property from rain.
- Shutting off utilities when instructed by competent personnel.
- Moving undamaged contents away from an affected area.
- Obtaining an emergency technical assessment.
Keep photographs, invoices and records of all reasonable mitigation expenses. Depending on the policy and applicable law, some of those expenses may form part of the claim.
3. Preserve Evidence Before Repairing or Discarding Property
Under Article 1077, the insured must demonstrate both the occurrence of the insured event and the amount of the loss. A strong claim file may include:
- Dated photographs and videos of every affected area.
- Pre-loss photographs, inventories or inspection reports.
- Technical and structural assessments.
- Purchase invoices and accounting records.
- Repair and replacement estimates.
- Property titles, leases or occupancy documents.
- Mortgage or leasing documents.
- Communications with the insurer, bank and property administrator.
- Official evacuation, risk or damage reports.
- A chronological record of every action taken.
Do not rely exclusively on the fact that the earthquake was publicly known. Each claimant must still establish the connection between the event, the insured property and the particular damage being claimed.
Do not discard damaged elements until they have been thoroughly documented and the insurer or adjuster has provided instructions, unless safety or public health requires immediate removal.
4. Obtain and Review the Complete Policy
People with mortgages or housing leases should ask their bank or financing institution for the complete insurance policy and every endorsement. Review the declarations, general conditions and exclusions—not only a payment receipt.
The review should determine:
- Who is the policyholder, insured party and beneficiary.
- Whether earthquake and tremor are covered.
- Whether the building, contents or both are insured.
- The insured value and applicable deductible.
- Whether underinsurance or proportional-payment rules apply.
- Whether temporary accommodation, debris removal, loss of rent or business interruption is covered.
- What exclusions and procedural conditions apply.
The existence of a mortgage-related policy does not mean that every type of loss is covered or that all proceeds will be paid directly to the homeowner. A condominium policy may cover common property while excluding contents or improvements inside a private unit.
5. Convert the Notice Into a Supported Claim
The initial notice tells the insurer that a loss occurred. The formal claim provides the evidence needed to establish coverage, occurrence and value. Assemble the policy, chronology, proof of ownership or insurable interest, evidence of causation and a supported calculation of every claimed item.
Under Article 1080 of the Commercial Code, the insurer is generally required to pay within one month after the insured or beneficiary properly establishes the right to payment. The insurer may instead issue a reasoned objection. An incomplete telephone notice does not, by itself, necessarily establish that right or start the one-month period. Keep proof of every submission.
6. Examine Any Objection Carefully
An insurer's objection should identify the factual, contractual and legal grounds for refusing or reducing payment. Common issues may involve:
- Absence of earthquake coverage.
- Disputes over causation or pre-existing damage.
- Deductibles, limits or underinsurance.
- Insufficient proof of ownership or value.
- Excluded property or activities.
- Failure to document repairs or discarded items.
An objection is not necessarily the end of the process. Compare it with the complete policy, the evidence and Colombian insurance law before deciding whether to supplement, challenge or escalate the claim. An adjuster's informal comment should not be treated as the final legal analysis.
The Essential Action Checklist
- Notify early and obtain the filing number.
- Protect people before property.
- Document everything before repair or disposal.
- Preserve evidence of cause, ownership and value.
- Read the complete policy and identify all insured interests.
- Keep every filing number and written response.
Legal Guidance at No Cost for Earthquake-Affected Residents
Colombia Legal Support Desk is offering a limited number of initial case reviews for residents and businesses affected by the earthquake in Cali who are encountering difficulties with insurers or other institutions. The review is intended to help identify the applicable procedure, missing documents and practical next steps.
Availability is limited. The initial review does not automatically include legal representation, litigation, expert fees or third-party costs.
Official references: Colombian Commercial Code, Articles 1074–1081; Colombian Financial Superintendence insurance guidance.
This article provides general legal information and does not constitute advice concerning a particular insurance policy or claim. Coverage and available remedies depend on the complete policy, the evidence and the circumstances of each loss.