Cuando soy perjudicado, ¿qué seguro me paga?
Existen dos grandes tipos de seguros, los llamados seguros de daños propios que indemnizan o prestan servicio a su cliente y los seguros a terceros perjudicados, que cubren los daños que sus clientes provocan a otra gente (terceros).
Los seguros de daños propios
Este tipo de seguros son los que pagan la prestación a su cliente. Están los seguros de daños en la vivienda, en la empresa, de vida, de salud, de entierros, de mascotas, de caución, etcétera. En estos casos los seguros indemnizan a su propio cliente, llamado asegurado o beneficiario, dentro de los limites establecidos en el contrato. Es obvio que algunas aseguradoras, las buenas, intentan dejar satisfecho a su cliente para que al año siguiente renueve el contrato y no se vaya a la competencia. Por tanto pagan al médico que le atendió, el entierro del difunto, el vehículo robado, la empresa incendiada o la vivienda anegada.
Los seguros de responsabilidad civil o patrimonial de la administración
Este otro tipo de seguros pagan la prestación al tercero perjudicado, entendiendo por ello los daños materiales, lesiones, pérdidas, perjuicios o lucro cesante que ha sufrido la víctima inocente por actos que por culpa, omisión, negligencia o imprudencia ha cometido el cliente de ese seguro. En estos casos la aseguradora suele actuar de manera proactiva para indemnizar todos los daños y perjuicios ocasionados a esa persona pero….
¿Qué suele suceder realmente en los casos de responsabilidad civil?
El perjudicado no es cliente del seguro y por tanto, si la aseguradora deja de pagarle lo que en derecho le corresponde y el perjudicado se enfada no pasa nada. Como no es cliente no puede marcharse de la aseguradora. Por tanto, cuanto menos se pague a los perjudicados más beneficios obtendrá el seguro.
Conclusión
Que nadie piense que el seguro del causante va a mover ni un dedo para pagarle lo que en derecho le corresponde. Va a hacer todo lo posible para no indemnizarle o pagarle menos de lo que toca. Buscará cualquier excusa o argumento para evitar liquidar el asunto. El seguro es un negocio y por desgracia mucha gente cree que en los negocios vale todo, incluso pagar menos de lo que toca ocultando información o sobrepasando límites morales francamente reprobables como es condicionar indemnizaciones a la aceptación de ofertas paupérrimas por parte del perjudicado.
Otra cuestión a resaltar es que hay gente muy cándida que se cree todo lo que le dicen, y si viene de una aseguradora hacen un acto de fe superlativo. «Si el seguro lo dice será como es», y habitualmente no es cierto. Esa persona no se asesora y las malas aseguradoras le toman el pelo de manera supina en el momento ofrecerle la indemnización.
Recomendación
Asesórate o consulta con alguien realmente muy experto de cuáles son tus derechos y las obligaciones del seguro para contigo. Muchas veces puedes realizar la reclamación tú mismo y en otras precisarás de ayuda de profesionales. Si realmente son buenos es posible que finalmente te acaben costando muy poco y percibas lo que en derecho y justamente te corresponda.
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