¿Cuánto se tarda en cobrar del seguro cuando la aseguradora no quiere pagar?
Cuando los usuarios plantean una reclamación al seguro, y este no quiere pagar, se desesperan. Les parece que su reclamación al seguro no avanza. Y todos nos preguntan ¿cuánto se tarda en cobrar?
Las situaciones
Te habrás encontrado en situaciones donde la aseguradora del culpable del accidente, o la tuya, no te quiere pagar la indemnización cuando realmente lo debe hacer. En otras ocasiones te encontrarás que el seguro te quiere pagar menos de lo que toca. En otras ocasiones no te informan de nada e incumplen de manera sistemática sus obligaciones legales y contractuales. Y esto sucede tanto en seguros de vehículos, hogar, comunidades, responsabilidad civil, empresas, espectáculos, asistencia en viaje, seguros médicos de asistencia sanitaria, de vida, accidentes y un sinfín de productos.
Cuando tú tienes la razón pero estás delante de una aseguradora timadora que no paga lo que toca, dado el caso que reclames, ¿cuándo tardarás en cobrar si tienes la razón?
Los plazos judiciales ¿cuánto tardarás en cobrar si demando a la aseguradora?
Entre dos y diez años. Puede que tardes menos o tardes más, pero lo normal es este plazo.
Hay juzgados que tardan muchísimo porque son un desastre y hay otros que son muy rápidos. Pero con los rápidos te irás a los dos años como mínimo.
Los plazos de la dirección general de seguros y fondos de pensiones
La norma establece un plazo de cuatro meses para resolver las quejas o reclamaciones planteadas ante la Dirección General de Seguros y Fondos de Pensiones, pero el plazo promedio real de respuesta es de tres años. La aseguradora tiene treinta días para hacer caso a la Dirección General de Seguros una vez ha emitido su resolución.
El trámite pericial
Si no hay acuerdo con tu aseguradora y te metes en el trámite pericial del artículo 38 de la Ley de Contrato de Seguro, si hay acuerdo entre los dos peritos tardarás unos seis meses. Si no hay acuerdo y debe designarse a un tercer perito el asunto se alargará entre uno y dos años. Y si al final la aseguradora no quiere pagar lo que hayan resultado los peritos por mayoría o unanimidad deberás sumar entre dos a diez años más.
Y porque lo hacen las aseguradoras timadoras
Como estas cosas van tan lentas y las aseguradoras saben perfectamente, las malas aseguradoras te “empujan” a que busques la vía judicial que es carísima y lentísima. Porque es una vía para desesperar al más paciente de los mortales. Pero además del tiempo, te va a costar dinero en concepto de provisiones de fondos y honorarios de peritos, abogados y procuradores. Por eso la mayoría de gente no reclama nada. Desiste.
Y dado el caso que ganes el pleito por goleada, si condenan a la aseguradora a pagar tus costas procesales (tus peritos y abogados), tampoco te acabarán de devolver todo lo que tú has puesto. O sea, siempre perderás algo.
La realidad
Sabemos que es injusto pero es así. Las malas aseguradoras se aprovechan de esta lentitud procesal para desgastar y desanimar a la gente. Reclamar cuesta dinero. La justicia es para los ricos, no para los pobres. Las leyes están hechas para beneficiar a las grandes corporaciones y gente rica, no para el ciudadano de a pie. Ten esto muy claro. Ahora bien, siempre puedes ir a buscar a alguien que vaya a éxito y le interese tu caso a ver si te lo cogen.
Por eso recomendamos que antes de contratar un seguro consultes RankiSeguros y te hagas de una aseguradora de las buenas. Porque la gran diferencia entre una buena y una mala es que habitualmente la buena te pagará lo que toca de entrada y con la mala deberás gastarte un dinero precioso para reclamar y obtener resultados al cabo de entre dos y doce años. Ésta es la diferencia. Y si no tienes dinero para reclamar, con la mala no cobrarás o cobrarás menos de lo que toca.
Pero también es cierto que en ocasiones las malas también pagan.
La solución
Hay países donde el juez tiene la libertad de imponer indemnizaciones por daños y perjuicios. Y para que entiendas a lo que nos referimos te pondremos un ejemplo:
Imagina un accidente donde debes cobrar una indemnización de 500 € y la aseguradora no los paga. Planteas la reclamación y el juez condena a la aseguradora a pagar los 500 € que te debían. Pero resulta que el Juez, comprometido con la sociedad y en aras de escarmentar al «pirata», viendo que la mala fe de la aseguradora mala le añade a la condena una indemnización por daños y perjuicios por la cantidad de 40.000.000 € (cuarenta millones de euros). ¿Te imaginas que los jueces actuaran de este modo? ¿Condenando a las grandes corporaciones para que se enteraran que con el ciudadano no se juega? ¿Qué los ciudadanos son sagrados?
Porque indemnizaciones de este calibre servirían de escarmiento para que la aseguradora (eléctrica, petrolera, constructora, tecnológica o lo que sea) supiera que con los usuarios no se juega. Que los ciudadanos, en quien reside la soberanía, somos importantes y sagrados.
Si los jueces actuaran de esta forma, las malas aseguradoras se lo pensarían mucho antes de hacer el “pirata” con algún usuario como es dilatar el tema, valorar menos de lo que toca, cláusulas abusivas, etcétera. Además, con estas indemnizaciones al ciudadano le sería mucho más fácil encontrar ayuda de abogados y peritos ya que, puesto el usuario tendría razón, aunque se tratara de una cantidad irrisoria cobraría el dinero suficiente para pagar sobradamente a los profesionales al final del proceso, podría realizar una reclamación muy bien hecha y efectiva.
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Tengo un problema y es que vivo en miami y tuve un accidente y no tuve la culpa pero el seguro contrario no me quiere pagar por que cuando llamo me cuelgas y no me quieren ayudar que tengo que hacer en ese caso..
No sabemos cómo funciona la legislación en el Estado de Florida (USA), pero entendemos que el asegurador contrario tendrá unos datos y usted podrá reclamar contra él. Como en casi todos los países el sector asegurador es un mercado regulado, y seguramente habrá un órgano de supervisión que le ayudará en resolver su situación en cuanto a qué debe hacer cuando usted se encuentra en esta situación.
Pero para no complicarse la vida, usted siempre puede reclamar contra el culpable del accidente y ese culpable ya resolverá su situación con su aseguradora.
Buenas tardes
Tuve un incendio en la cocina ,quiero que me reparen pero prefieren indemnizar pues según me dijo la empresa reparadora me van a dar tres veces menos
Tengo una parte indemnizable y otra parte estéticos con límite de 3000 en estéticos meten diferentes cosas
Puertas de la cocina no me cambian los cascos
Parte del parquet que no se quemo
Puertas de la vivienda que consideran no afectas por fuego aunque yo creo que sí fue afectado
Después de casi dos meses me dieron una propuesta que no estoy de acuerdo porque basicamye el perito no metió cosas tan obvias y perceptibles como enchufes quemados
Me obligaba reparar para que me den gastos estéticos
Tengo varias dudas ,a estas alturas lo primero que necesito es que me pongan la cocina y por tanto lo primero en arreglar ,podría presentar una factura parcial por ello ,en esta factura tendría que desglosar 3 puertas ,1 cornisa etc como está desglosado y otra cosa la factura si es más o menos de lo tasado (menos difícil ) me lo pagarían o tiene que poner exacto lo que me dicen
Nadie me pone en estéticos puertas de cocina pues entienden que el casco se agujerea y no quedará igual
En los otros daños estéticos como parquet no sé cuando lo podré hacer pues tengo que buscar alguien irme de casa etc…que plazo tengo para presentar facturas de reparación ? Podría poner un sueño acrílico más barato que lo me indemnizan ? Parte me lo pagan digamos 7 metros y el resto 29 sería médiante factura
Tengo dos puertas de casa que me idemnizan y otras dos estéticas ,podría poner solo una que me pagan y exigir las otras dos de estética?
Podría exigirles que me paguen lo estético sin justificación porque lo estético es tan diverso que hay cosas que no haré inmediato y la verdad que un lío ,en momento de cocido me cuesta encontrar a alguien etc
Muchas gracias
Lo que usted debe hacer es designar a un perito de seguros de acuerdo a lo que establece el artículo 38 de la Ley 50/80 de Contrato de Seguro.
Para otra ocasión, proponga a su aseguradora que sea ClaimCenter quien perite su caso. Somos rigurosos en nuestro trabajo.
mi aseguradora no vino a hacer el informe pericial de la moto , pero en 45 dias me dijieron que me ivan a pagar pasaron 2 meses y medio y todabia me tienen a la vuelta , que tendria que hacer en este caso ?
No sabemos cómo sucedió el accidente. Si es con culpa contrario o culpa propia. Y si fuera propia, qué dice su contrato de seguro.
Los peritos no son una condición obligatoria. Usted debe reparar. Si el perito de la aseguradora viene fantástico y si no no pasa nada. Usted solo debe tener la prudencia de realizar acopio de pruebas y evidencias objetivas para acreditar el suceso (causas, circunstancias, consecuencias y relación causa efecto) y valorar los daños. Y si la aseguradora, teniendo la obligación de pagar no paga, presentar una reclamación judicial.
Si te ha servido nuestra respuesta, te agradeceríamos que nos pusieras una reseña en google. Gracias
hola me podrían guiar en cuanto a que puedo hacer porque me ha incendiado mi moto y mi seguro tambien tenia pago contra incendio y me sale que como no han encontrado al que quemo la moto no me pagan y tengo el atestado policial y el de los bomberos no nos encontrábamos en casa cuando la incendiaron pero esque no solo ha sido la moto hay un piromano suelto que ha quemado muchos coches y contenedores por favor ayudaaa gracias
Desde la declaración del siniestro de incendio, su seguro tiene 40 días para pagarle la motocicleta al valor que establezca el contrato, que como mínimo será el valor real de mercado.
Si el asegurador no le paga deberá plantear una reclamación al Servicio de Atención al Cliente de la aseguradora, y si en 30 días no obtiene respuesta o ésta no es acordé a sus intereses, deberá plantear una reclamación a la Dirección General de Seguros y Fondos de Pensiones.
Paralelamente puede usted plantear una reclamación extrajudicial, y judicial en caso que no haya acuerdo, contra la aseguradora previa realización de un informe pericial.