To assert the rights of the insured, a complaint can be filed directly with the insurance company, with the Office of the Financial Consumer Ombudsman or with the Consumer Protection Directorate of the Financial Superintendence of Colombia.
What is the minimum information required to deal with an insurance complaint?
To file a complaint, at least the following information must be provided:
- Full names and surnames.
- Identification document.
- Address and city.
- Telephone and email.
- Insurance company name and policy number.
- Description of the facts and the rights that are considered violated.
- If any, documents that serve as support for the facts mentioned.
How to file a complaint with the insurance company?
The law has not foreseen a procedure in particular, the affected party can process his complaint in writing before the insurance company and this, in accordance with its policies, will inform about the term and procedures that will be provided to respond to the concern.
What is the financial consumer ombudsman?
It is a figure that all insurers must have, its function is to serve as a mediator to resolve in an objective, free and impartial manner the conflicts that may arise between the clients and the insurance company.
How to file a complaint with the financial consumer ombudsman?
Complaints with the consumer advocate must be submitted in writing; They can be sent directly to your office or filed at the insurer’s branches or agencies. It is the obligation of the insurance company to inform who the financial consumer ombudsman is and the contact information so that clients can submit their requests.
Once the defender receives the complaint, he will have a period of no more than three (3) days to respond whether or not he is competent to deal with it or if he requires more information; If this is the case, the interested party will have eight business days to deliver the information.
When the defender accepts the consumer’s request, he will ask the insurer to explain his actions in a maximum of eight (8) days. Once the insurer sends the information requested by the defender, he will evaluate it and resolve the complaint within a maximum period of eight (8) days. The defender will communicate the decision made to the client and the insurer one business day later.
Does a financial consumer ombudsman have conciliation powers?
Yes. The financial reform of 2009 states that the ombudsman is oriented towards the special protection of financial consumers and that the ombudsman must act as a conciliator between them and the insurance company.
The reconciliation function should be considered mandatory and should be available as an option to the financial consumer on a permanent basis.
How does the conciliation mechanism proceed?
The consumer and the insurance company can notify the financial consumer ombudsman of their wish for the case to be dealt with in the development of the conciliation function. In this case, the defender suspends the normal process of hearing the case and must summon the parties to a conciliation hearing.
In case of reaching an agreement, the decision has executive merit and effects of res judicata, that is, the case is closed and the controversy is terminated.
What does a financial consumer advocate require to be a conciliator?
To carry out conciliation functions, the financial consumer ombudsman must be certified as a conciliator, in accordance with current regulations.
If the case is not resolved, can you go to another instance?
Yes. Financial consumers can file complaints with the Financial Superintendence of Colombia to analyze the case.
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