Accidente de conductor menor de 25 años y menos de 2 años de permiso
¿Has tenido un accidente de conductor menor de 25 años ? ¿Hace menos de 2 años que tienes el permiso de conducción? ¿No estás declarado como conductor en el seguro del vehículo que conducías? La cobertura de Responsabilidad Civil Obligatoria de vehículos a motor debe hacerse cargo de los siguientes conceptos:
Derecho a la asistencia sanitaria y obligación de cada aseguradora a pagar los ocupantes de su vehículo
Todos los ocupantes lesionados, incluido el conductor culpable del accidente, tienen derecho a la asistencia sanitaria con cargo al seguro del vehículo en el que viajaban. La aseguradora tiene la obligación de pagar la asistencia sanitaria en los centros o profesionales médico-sanitarios. O sea, cada aseguradora se ocupa de la asistencia sanitaria de todos los ocupantes de su vehículo con independencia de quién sea el responsable del accidente.
Qué es la asistencia sanitaria
La asistencia sanitaria son todos aquellos servicios que sirven porqué el lesionado quede totalmente recuperado, curado o estabilizadas sus secuelas. Esto significa hacerse cargo de todos los gastos de traslado, ambulancias, operaciones quirúrgicas, rehabilitaciones, curas medicinas, enfermería, etcétera que haga falta para recuperarse totalmente. Y las aseguradoras lo tienen que pagar por todas las personas lesionadas en el accidente.
Libertad de escoger centros médicos
Todos los lesionados tienen el derecho de escoger en centro médico que ellos quieran. La aseguradora no puede obligar a nadie a ir a un centro médico determinado, sino que es al contrario. Son los lesionados quienes escogen el médico, fisioterapeuta, centro o el que sea para que le traten sus lesiones y secuelas.
La aseguradora de cada vehículo tiene la obligación de pagar todas las facturas derivadas del servicio de asistencia sanitaria.
Convenios entre centros médicos y aseguradoras
Existen centros médicos o sanitarios que tienen convenios de facturación con las aseguradoras. Qué significa esto? Que si el lesionado va a un centro asistencial y este tiene convenio con la aseguradora, el lesionado solo tendrá que informar a la aseguradora del centro asistencial que él habrá escogido. Entonces el centro asistencial le pasará las facturas directamente a la aseguradora y esta pagará el centro. El lesionado recibirá el servicio asistencial sanitario sin haber tenido que avanzar dinero.
Si resulta que el paciente lesionado quiere ir a un centro médico, asistencial, médico, fisioterapeuta o el que sea, y este no tiene convenio con la aseguradora, el lesionado tendrá que pagar la factura de su bolsillo (avanzar el dinero) y pasar copia a la aseguradora para que ésta le reembolse el dinero.
Respecto a los daños materiales ocasionados a terceros
Al resto de daños materiales ocasionados a terceros como serían en vehículos, mobiliario urbano o particular, en edificios, etcétera, los deberá asumir todos la aseguradora del vehículo conducido por el conductor culpable del accidente. Además esa aseguradora deberá asumir el lucro cesante de los perjudicados y cualquier otro gasto derivado del accidente. O sea, lo pagará todo a todos los terceros perjudicados, sean quienes sean.
Quién acabará pagando todos estos gastos
A pesar que el conductor culpable del accidente no tenga los años de experiencia ni la edad mínima que figura al seguro, cada aseguradora acabará pagando la asistencia sanitaria de los ocupantes de su vehículo.
Respeto a todo el resto, será la aseguradora del vehículo conducido por el conductor culpable del accidente la que lo pagará todo según lo que establece la Ley 35/2015 de Responsabilidad Civil de Seguro obligatorio de Vehículos a Motor. Y para algún «purista» aclararemos que según los convenios de daños materiales entre aseguradoras, será cada una la que asumirá los daños sobre su vehículo previo pago, por parte de la «culpable», del correspondiente módulo de compensación.
¿Cómo valorarias a tu aseguradora?Comparte tu opinión con otros usuarios en RankiSeguros. |
Derecho de repetición de la aseguradora del vehículo culpable contra el conductor causante del accidente
A pesar de lo que dicen muchas aseguradoras, la aseguradora del vehículo culpable no puede reclamar (recobrar) las cantidades indemnizadas por mucho que el conductor culpable no esté declarado, no tenga la edad o los años de experiencia. Los únicos supuestos donde la aseguradora sí tiene derecho a recobrar al conductor o propietario del vehículo son los casos que vienen recogidos en el artículo 10 de la Ley 35/2015 que son, por ejemplo, conducir bajo los efectos del alcohol o drogas, conducción temeraria (ir circulando en dirección contraria en una autopista o bestialidades similares), circular sin permiso de conducir y otros supuestos. En el resto de casos la aseguradora de responsabilidad civil obligatoria está obligada a comerse todo el sapo y dejar tranquilo al conductor culpable por mucho que no cumpla con los requisitos del contrato.
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Mi aseguradora (Genesis) se niega a incluir a mi hijo menor de 25 por su política de empresa (exigen tener contratados con ellos al menos 3 seguros).
Tambien se niegan a la devolución de la prima de los 7 meses que me quedan.
¿Tendría entonces que contratar durante ese periodo otro seguro en paralelo en otra compañía?
Muchas gracias.
Depende de lo que usted quiera cubrir. Si solo la RC obligatoria de su hijo o el resto de prestaciones.
Puede usted contratar nuestro servicio de asesoramiento, estudiaremos su caso y le podremos exponer qué soluciones hay.