coche sustitución taller seguro reparar accidente

El seguro está obligado a pagar un coche de substitución

Cuando somos perjudicados en un accidente de circulación, ¿el seguro del culpable debe pagarte un coche de substitución de similares características al tuyo mientras duran las tareas de reparación o substitución del coche porque has sufrido un siniestro? Rotundamente, sí.

Ya explicamos en otro post que, cuando sufres un accidente de circulación y eres inocente, debido a un convenio entre aseguradoras llamado cicos, tu aseguradora (la inocente) será la que se haga cargo exclusivamente de los daños materiales a tu vehículo en la mayoría de ocasiones. Pero eso no quita que la aseguradora del culpable deba pagarte siempre el resto de daños y perjuicios antes de los 40 días de haberle notificado el siniestro.

El coche de substitución

Cuando eres el perjudicado, la aseguradora del culpable tiene la obligación de pagarte un coche de substitución, y ello significa que puedes alquilar uno de similares características, no mejor, durante todo el tiempo que estés sin tu vehículo. En el momento que te lo entreguen perfectamente reparado o te hayan puesto otro que substituya al accidentado en la puerta de tu casa por tratarse de un siniestro total y sin coste alguno para ti, ya no te pagarán más ese vehículo que alquilaste.

RECLAMAR INDEMNIZACIÓN

Un amigo o familiar tuyo, mediante un contrato privado de alquiler, también te puede alquilar un vehículo siempre que esté a precio medio de mercado. No hace falta que sea una empresa de alquiler de vehículos. Las personas, a modo privado, podemos vender o alquilar bicicletas, vehículos, viviendas, locales, etcétera. Ahora bien, todo debe quedar acreditado con contratos y recibos de pago del alquiler del vehículo. Y la aseguradora deberá pagar esos importes antes de 40 días de haber declarado el siniestro, y si no es posible por causa externa, antes de los 3 meses.

La resolución SOVM 6 de la Dirección General de Seguros y Fondos de Pensiones menciona la obligación que tienen las aseguradoras de los culpables, entre otros conceptos, a pagar los gastos de alquiler de los vehículos de substitución a los perjudicados inocentes cuando éstos se ven privados de su vehículo por razón de un accidente; desde el día del siniestro hasta la total reparación o substitución del mismo.

¿Qué puedo hacer si la aseguradora no cumple con el imperativo legal?
  1. Presentar una queja por correo electrónico, como perjudicado, ante el Servicio de Atención al Cliente de la aseguradora indicando que te den explicaciones del porqué no cumplieron con el pago del vehículo alquilado antes de los 40 días de la declaración del siniestro o al final de las investigaciones y peritaciones necesarias para establecer la propuesta de indemnización.
  2. Independientemente de lo que te contesten, o si ha transcurrido 1 mes desde que enviaste la queja y no te contestaron, enviar la queja-denuncia a la Dirección General de Seguros y Fondos de Pensiones solicitando una sanción administrativa, según lo que establece el punto 13 del artículo 196 de la Ley 20/2015, por no haber cumplido con el pago del vehículo de substitución como perjudicado en un accidente de circulación, según lo que dispone el artículo 1.902 del Código Civil y el punto 3 de la resolución SOVM 6 de la Dirección General de Seguros y Fondos de Pensiones.
  3. Realizar una reclamación judicial del importe para que te sea abonado el pago de esa cantidad.

RECLAMAR INDEMNIZACIÓN

Atención al realizar una queja, no realizar jamás una reclamación del importe a la Dirección General de Seguros y Fondos de Pensiones y paralelamente una reclamación judicial ya que esta última anularía la de la Dirección General de Seguros. Debes presentar una queja.

¿Qué sanción aplicarán a la aseguradora en caso de incumplimiento de este imperativo?

Según lo que establece el artículo 200 de la Ley 20/2015, la Dirección General de Seguros y Fondos de Pensiones impondrá una multa a la aseguradora de hasta 60.000 € por no haber cumplido con su obligación contigo.

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