Las funciones del perito de seguros
El trabajo de perito se limita exclusivamente a determinar las causas, circunstancias y consecuencias del siniestro; y tasar los daños. Obviamente el perito realizará su trabajo teniendo en cuenta circunstancias del contrato de seguro como puede ser tener en cuentas los capitales asegurados, preexistencias, etcétera. Por tanto, las funciones del perito son estrictamente técnicas.
La cobertura del siniestro
Resultado del trabajo técnico del perito es cuando la aseguradora deberá, en virtud del contrato de seguro y supeditado a lo que establezca la Ley, pagar la prestación al usuario (asegurado, perjudicado o beneficiario). Otra cosa es que no haya acuerdo entre el usuario y la aseguradora, en cuyo caso deberá actuarse según exponemos en otro post.
Por tanto el perito no debe exponer si algo queda o no cubierto. No debe condicionar, ordenar, ni decir nada en cuanto a la resolución, culpabilidad, responsabilidad ni nada por el estilo. No debe mandar reparar ni controlar nada. La Ley no le confiere estas atribuciones. Simplemente es un experto, observador de los hechos que valorará los daños, perjuicios, pérdidas y demás costes derivados de aquello que es objeto de su estudio. Y lo debe realizar con total imparcialidad e independencia. A quien corresponde la interpretación de la cobertura, límites, etcétera es a las partes (asegurador y usuario), no al perito. Y en última instancia serán los tribunales los que resolverán el desacuerdo o las controversias.
Los «hiperventilados»
Hay peritos que se extralimitan en sus funciones. Ordenan cosas a los asegurados o perjudicados en el sentido que les prohíben tocar o actuar, hacer reparaciones o sustituciones de cosas, les condicionan el pago a que el usuario haga determinadas cosas y nada más lejos de la realidad.
¿Cómo valorarias a tu aseguradora?Comparte tu opinión con otros usuarios en RankiSeguros. |
Hay peritos que ordenan a talleres hacer determinadas actuaciones. A los operarios de las viviendas actuar de determinado modo, etcétera. Quien decide lo que se hace con lo suyo es el propietario del bien. No lo decide ni el perito ni la aseguradora ni nada por el estilo.
Y para neutralizar a estos peritos «hiperventilados» cuando se extralimitan de las funciones, lo que debe realizar el usuario es grabarlo con una grabadora (la del mismo móvil) y denunciar el caso ante un juzgado por extralimitación de sus funciones y presunta coacción.
El usuario hace con lo suyo lo que le viene en gana, y el perito tiene unas funciones muy concretas. Y los usuarios deben hacer valer sus derechos ante aquellos peritos que no obren con la suficiente profesionalidad.
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