El valor de afección en los vehículos accidentados
En otros posts ya dijimos qué era el valor venal de los vehículos, que no es más que su precio de venta en el mercado de vehículos usados. Y es obvio que, para que se produzca una transacción entre un comprador y un vendedor, el precio o acuerdo de compraventa debe coincidir. O sea, el precio de venta y de compra deben ser iguales.
La Real Academia Española define ese valor venal como el valor vendible o expuesto a la venta de eso que se pretende vender (vehículo, computadora, vivienda,…).
Por tanto, para saber el valor venal de un vehículo o cualquier otra cosa es tan sencillo como consultar portales de internet donde aparecen esos bienes con su valor de objeto usado.
Pero resulta que en muchas ocasiones se incorpora a ese valor de venta un valor denominado de afección.
¿Qué es el valor de afección?
Si volvemos a la Real Academia Española, afección significa afición, inclinación o apego. Impresión que hace algo en otra cosa, causando en ella alteración o mudanza.
En definitiva: los jueces, con muy buen criterio, añaden al valor venal el valor de afección, que no es otra cosa que intentar valorar, en dinero, esa afección sentimental o de utilidad que tenía ese objeto para su propietario.
Hay gente que, aunque tenga una marca y modelo de vehículo determinado, o una joya, reloj, etcétera, no es lo mismo otro vehículo o joya exactamente igual. Para él esa motocicleta o automóvil es único. Es su estimado vehículo al que le había puesto accesorios u otros complementos personalizados a su gusto. La motocicleta que le regaló su pareja cuando se casó. Tiene un apego con ese objeto que no lo substituye otro aunque sea exactamente igual. Esa persona tiene una afección determinada por ese vehículo y jamás lo substituirá otro por mucho que sea exactamente igual. ¡Él quiere su vehículo! Pues esto es la afección, y eso se valora.
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¿En cuánto se valora el valor de afección?
Pues resulta que los buenos peritos valoran el valor de afección entre un 10% y un 50% de más sobre el valor venal. Y para determinar este valor el cual no es muy objetivo, se utiliza, en la inmensa mayoría de ocasiones, la Ley Nabal a la que ya destinamos un post.
La costumbre es añadir entre un 30% o 35% más sobre el valor venal del vehículo en concepto de valor de afección, aunque en ocasiones este valor puede ser del 50% como margen superior.
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