After an earthquake, owners and businesses naturally focus on safety and urgent repairs. Insurance requirements can feel secondary, but early mistakes—late notice, incomplete photographs or discarded materials—may make a later claim harder to prove.
1. Notify the Insurer Promptly
Article 1075 of Colombia's Commercial Code establishes a general three-day period to give notice after the insured knew or should have known of the loss. A policy may extend that period but may not reduce it. Because the facts and policy wording matter, affected insureds should report promptly rather than assume public knowledge of the earthquake replaces individual notice.
Identify the insured, policy if known, property, date, approximate time, type of damage and contact person. If the policy is held through a mortgage lender, leasing company or condominium, request a copy immediately. Ask for written confirmation and a reference number.
2. Prevent Further Damage—Safely
The insured generally has a duty to take reasonable measures to prevent the loss from worsening, subject always to personal safety and official restrictions. Covering an exposed area or shutting off a dangerous utility may be appropriate; entering an unstable building is not.
Photograph conditions before and after emergency measures. Preserve receipts, contractor messages and the reason the work could not wait for an adjuster's visit.
3. Preserve Evidence of the Loss
Under Article 1077, the claimant must demonstrate the occurrence of the insured event and the amount of loss. The public fact that an earthquake occurred does not prove the damage to a specific property.
- Dated photographs and videos of every affected area.
- A room-by-room or asset-by-asset inventory.
- Purchase invoices, accounting records and prior photographs.
- Technical reports, evacuation notices and structural assessments.
- Repair and replacement quotations.
- Lease, title, condominium and mortgage documents.
- Records of business closure, lost income and continuing expenses if that coverage may apply.
Do not discard damaged elements until they have been documented and the insurer or adjuster has provided instructions, unless safety or public health requires immediate removal.
4. Obtain and Read the Complete Policy
Review the declarations, general conditions, endorsements and exclusions—not only a payment receipt. Confirm who is insured, the insured property, effective dates, earthquake or tremor coverage, building versus contents, insured value, deductible, underinsurance rules, debris removal, temporary accommodation and business interruption.
A lender's insurance may primarily protect the financed interest. A condominium policy may cover common property but not the contents or improvements inside a private unit. These distinctions should be mapped before quantifying the claim.
5. Convert the Notice Into a Supported Claim
A telephone call or online notice opens communication; it does not necessarily establish the right to payment. Assemble the policy, chronology, proof of ownership or insurable interest, evidence of causation and a supported calculation of each claimed item.
Article 1080 generally requires payment within one month after the insured or beneficiary has properly established the right under Article 1077. The relevant point is not merely the first call—it is when a supported claim has been presented. Keep proof of every submission.
6. Examine Any Objection Carefully
If the insurer denies or reduces the claim, ask for the position in writing and identify whether the dispute concerns coverage, causation, pre-existing damage, an exclusion, deductible, underinsurance, valuation or missing evidence. Do not treat an adjuster's informal comment as the final legal analysis.
A Short Action Checklist
- Notify early and obtain the filing number.
- Protect people before property.
- Document the condition before repair or disposal.
- Request the complete policy and identify all insured interests.
- Build an organized claim with proof of cause and amount.
- Keep a chronological file of submissions and responses.
- Seek a legal review if coverage, delay or valuation becomes disputed.
Official references: Colombian Commercial Code; Superintendencia Financiera insurance FAQs; consumer insurance guidance.
This article provides general information and does not determine coverage or replace advice based on the complete policy and facts of a particular loss.
