¿Hay que acreditar con facturas los gastos al seguro?
Imagina que un vehículo atropella a un ciclista por detrás y la culpa es del conductor del vehículo. En el accidente el ciclista queda tetrapléjico. Además queda dañada la bicicleta, el casco, el maillot, el culote, las zapatillas, el reloj, etcétera. La pregunta es: ¿El ciclista deberá acreditar con facturas la compra de los nuevos objetos para que el seguro del responsable del accidente le pague?
Si resulta que el ciclista jamás podrá volver a montar en bicicleta, ¿de qué le sirve volver a comprar lo dañado y aportar facturas si no podrá utilizarlo jamás? La respuesta es que no hace falta acreditar con facturas. Lo necesario es acreditar el daño.
Qué dice y no dice la ley
El artículo 26 de la Ley 50/1980 dice que «para la determinación del daño se atenderá al valor del interés asegurado en el momento inmediatamente anterior a la realización del siniestro».
El artículo 18 de la Ley 50/1980 dice que «El asegurador está obligado a satisfacer la indemnización al término de las investigaciones y peritaciones necesarias para establecer la existencia del siniestro y, en su caso, el importe de los daños que resulten del mismo».
Y no hay ningún artículo, cero, que diga que para indemnizar se precisen aportar facturas de nada. ¿Las facturas ayudan? ¡Rotundamente sí! Ahora bien ¿es necesario acreditar con facturas para que el seguro pague la indemnización? ¡Rotundamente no! Para eso están los peritos. Para la valoración del daño sin que haga falta ninguna factura. Y si no, ¿para qué sirven los peritos-seguros-diferencia-abogado/» class=»lccsvseo_auto_link»>peritos-seguros-diferencia-abogado/» class=»lccsvseo_auto_link»>peritos-seguros-diferencia-abogado/» class=»lccsvseo_auto_link»>peritos? Justamente para valorar económicamente los daños, entre otras funciones. Porque la función principal de un perito de seguros es la actividad de tasación de los daños.
La acreditación
Si el daño queda acreditado y justificado por su existencia o por el contenido de la póliza, éso ya es suficiente. La Ley no obliga a más. Por tanto el asegurador debe pagar.
Algunos casos puntuales
Ahora bien, existen algunos casos donde hay que acreditar con facturas o justificar lo que reclamas y vamos a poner varios ejemplos:
- Si eres perjudicado en un accidente de tráfico y te has quedado sin coche, para que el seguro del culpable te pague el alquiler del coche de substitución deberás acreditarlo con una factura de alquiler o con un contrato privado entre particulares de alquiler del coche que has utilizado mientras duró la reparación.
- Si has tenido que desalojar tu casa por motivo de un accidente y tienes derecho a cobrar por la vivienda de sustitución, deberás acreditar que has tenido el gasto. Por lo tanto deberás presentar el contrato privado entre particulares si has estado en casa de unos amigos o parientes o el alquiler de una vivienda alternativa u hotel.
- Hay ocasiones en las que tu vehículo se declara siniestro total, que significa que el coste de reparación será más elevado que adquirir un vehículo en el mercado de ocasión de similares o idénticas características al accidentado. Pero resulta que hay gente que quiere reparar su vehículo. En este caso deberás repararlo y aportar la factura, y aunque sea de importe más elevado que la pérdida total más los costes agregados te lo pagarán. Si reclamas la reparación pero no aportas factura que acredite que lo has reparado, te pagarán el siniestro total más los costes agregados.
- Hay otros casos donde deberás acreditar con facturas que has tenido el gasto, en cuyo caso te lo pagarán.
Conclusión
Cuando se trate de temas de daños donde pueda acreditarse el objeto accidentado o sea fácil de justificar, no te hará falta que justifiques nada. El propio bien dañado es prueba fehaciente de su existencia y por tanto el seguro debe pagar el daño.
Cuando se trate de determinados gastos en concepto de servicios que necesites y a los que tengas derecho, se deberán acreditar con facturas.
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Hola rematricule el coche en España porque antes vivia y compre el coche en Alemania, hice todos los tramites y asegure el coche, un año después el coche fue declarado siniestro. el seguro debe indemnizarme porque lo cubre el seguro. Fue el perito a ver el coche al chatarrero y hasta todo ahi bien y aceptan indemnizarme. Pero después de 2 meses esperando llame y me dijeron que necesitan la factura de compra. esa factura yo ya no la tengo porque era en alemán y ya tenia todo en regla. yo ya no se donde esta la factura de compra, si la di para hacer el seguro y rematricular el coche. con esto lo tienen parado 2 meses. realmente tengo que tener la factura? en principio ellos deben valorar el coche y pagarme lo equivalente. ya lo valoraron para pagar los impuestos. Con esa excusa no me pagan el coche, realmente necesitan ahora la factura de compra? si en principio me tienen que pagar el valor del coche en este momento.
Por favor respondan, no se si coger un abogado porque están dejando pasar el tiempo con lo de la factura de compra y no c reo que la necesiten si ya hice el seguro con ellos y fue el perito
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Hola soy de buenos aires , tuve un robo parcial en mi auto , me robaron el techo de vidrio de mi Peugeot , el seguro me ofreció x cantidad , no inquietud y es que ellos no me envían a ningún taller donde me lo repongan , si lo compro por internet alguno no hacen factura de compra y no sé si el seguro después de me va a pedir la factura de reparación
Me han pagado el seguro 1460E tasado por el perito..me dijeron que me pagaban iba…ahora me dice que mande factura y yo digo que no tengo.. no tengo derecho a que me pagen el iva??que debo hacer
Por fuga de agua tuvo un siniestro en el salón se ha arreglado he cogido la indemnización y ahora me hice el seguro que tengo que presentar factura mientras dice que no me paga
Hola tuve un percance por causas ajenas a mi con mi moto hace ya casi dos años y mi compañía no quería hacerse cargo de los gastos …los lleve a juicio y antes de que se produjera me dieron lo que valía la reparación
Ahora me ha pasado algo parecido y no quieren pagarme hasta que no les de la factura de aquella vez
Es eso legal?
No, es un tema distinto y no pueden condicionarle el pago a algo que ya quedó resuelto en su momento.
Buenas tardes:
mi pregunta es esta, los seguros contabilizan las facturas de profesionales y con datos del cliente, en ningún momento datos suyos. y que los clientes les presentan obligados para poder cobrar ese servicio realizado?
Muchas gracias por su atención.
La factura debe ir a nombre del cliente (el asegurado) puesto es a él a quien se le realizan los trabajos y a quien corresponde darle la garantía legal de los mismos. La aseguradora solo es un pagador. El problema está cuando el seguro, o el subcontratista, no envían la factura al asegurado.