¿Cuantos días tiene el seguro para pagar? El seguro debe pagar antes de 40 días
Para cualquier tipo de prestación, ya sea en un seguro de vida, de salud, de vivienda, comercio, responsabilidad civil, industrial, vehículo, etcétera, la aseguradora debe pagar al asegurado, perjudicado, beneficiario, heredero o de quien sea deudor, el importe mínimo de lo que le puede deber según las circunstancias conocidas (artículo 18 de la Ley 50/1980).
El plazo
El plazo que tiene la aseguradora para pagar es de 40 días desde la notificación del accidente. Es obvio que si no avisamos a la aseguradora que hemos sufrido un percance y nos debe dinero, ella no tiene ninguna culpa. Pero lo que sí es cierto es que a partir del momento en que le declaramos o notificamos el accidente, tiene 40 días para pagárnoslo todo o la cantidad mínima según las circunstancias conocidas.
¿Cómo se calcula el importe mínimo según las circunstancias conocidas?
Una vez acaecido el siniestro, y como asegurados o perjudicados, le notificaremos al asegurador qué nos ha pasado, las consecuencias y por tanto, le facilitaremos las cosas acreditando todo cuanto ha sucedido. Si el seguro no actúa de manera diligente no es nuestro problema, es el suyo. La cuestión es que si le hemos facilitado y colaborado en todo, la aseguradora deberá pagarlo todo antes de los 40 días. ¡No hay excusa!
El importe mínimo significa que el seguro debe pagar, al menos, aquello que como mínimo sabe que deberá pagar, y para ello pondremos un ejemplo.
Imaginemos que nos han robado una motocicleta que su precio está entre 5.000 € y 7.000 € a valor de mercado. Antes de 40 días el seguro debe habernos pagado los 5.000 €. Y si al final eran 6.000 €, los 1.000 € de diferencia deberán ser abonados antes de los 3 meses desde la fecha de declaración. Pero la aseguradora deberá justificar y acreditar del porqué no pagó todo el siniestro (6.000 €) dentro del plazo de 40 días.
Si la aseguradora tarda más de 40 días en pagar el resto, debe acreditar y dar las correspondientes explicaciones con pruebas y evidencias objetivas justificando el porqué no lo pagó todo dentro los 40 días.
Qué puedo hacer si la aseguradora no cumple con el imperativo legal
1. Presentar una queja por correo electrónico, ya sea como asegurado, perjudicado, beneficiario, etcétera, ante el Servicio de Atención al Cliente de la aseguradora indicando que te den explicaciones del porqué no cumplieron con el imperativo legal del artículo 18 de la Ley 50/1980.
2. Independientemente de lo que te contesten, o si ha transcurrido 1 mes desde que enviaste la queja y no te contestaron, enviar la queja-denuncia a la Dirección General de Seguros y Fondos de Pensiones, solicitando una sanción administrativa según lo que establece el punto 13 del artículo 196 de la ley 20/2015, por no haber cumplido con el pago mínimo que establece el artículo 18 de la Ley 50/1980.
¿Qué multa aplicarán a la aseguradora en caso de incumplimiento de este imperativo?
Según lo que establece el artículo 200 de la Ley 20/2015, la Dirección General de Seguros y Fondos de Pensiones impondrá una sanción a la aseguradora de hasta 60.000 € por no haber cumplido con su obligación contigo.
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Hola, el 28 de noviembre prendieron fuego varios vehículos y uno de ellos fue el mío que fue quemado por el fuego procedente en el vehículo que estaba estacionado junto al mío. Llevo 3 semanas llamando al seguro y lo único que me dicen es que están esperando al atestado y que debo esperar la llamada del tramitador. Sé de primera mano que la policía tiene el atestado hecho desde el 22 de diciembre y ayer cumplieron los 40 días de plazo sin recibir respuesta ninguna desde que dí parte del siniestro. Mi seguro es verti… qué puedo o debo hacer? Gracias.
En un seguro de hogar,tras presentar un presupuesto con IVA de lo que valdría la reparación de lo que se ha roto. Me dicen que me abonan la parte del presupuesto sin IVA y cuando lo arregle y presente factura me abonan el IVA ….
Es correcto ?
Hola, te lo explicamos en el siguiente post https://www.claimcenter.com/seguro-pagar-indemnizaciones-con-iva/
En las roturas de marmoles, en caso de rotura, estando este dividido en 3 piezas, y no haber ya del mismo modelo puedo reclamar daños esteticod?
Gracias
Obviamente sí, si tiene la garantía contratada. Dado el caso que sea un tercero quien le ha roto el mármol, será el seguro de responsabilidad civil de ese tercero culpable quien le deberá pagar tanto la rotura del mármol como los daños estéticos del mismo.
Son 40 días hábiles o naturales?
Naturales
Si han transcurrido los 40 días naturales , y no me han resuelto indica silencio positivo y la aseguradora tendría que asumir el total de los daños del vehículo más perjuicios ?? Mi Coche lo chocaron la aseguradora contraria aceptó los daños pero ahora el perito está tardando en asumir el total de los daños “ dicen que pueden ser derívanos de otro choque “ aún no tengo una respuesta formal pero ya pasaron más de 40 días naturales que puedo hacer ?
Buenas tardes, hace 40 dias tuve un siniestro en el que soy perjidicado y que la compañia contraria ha aceptado su responsabilidad y que debido al comvenio cide esta actuando en nombre de la compañia contraria en la valoracion y tramitacion de la indemnizacion, lo han declarado perdida total a lo cual me he opuesto pues solo me dan una indemnizacion con un valor mejorado que no llega ni de lejos al precio de mercado de mi vehiculo.
¿ A que servicio de atencion al cliente he de reclamar el minimo, a la mia o a la compañia contraria ?
Desde el primer momento se han negado a la reoaracion, incluso despues de haber buscado mejor presupesto con piezas de desguace ( 500€ menos que la valoracion del perito de mi compañia ) y considero que tanto la tramitacion como las respuestas del tramitador son como minimo prepotentes, ¿ Deberia denunciar a mi compañia ante la direccion general de seguros y fondos de pensiones ?
Si usted es el perjudicado en el accidente de circulación, olvídese de los convenios ya que son entre compañías. Estos solo sirven para cuando el usuario adopta una actitud pasiva, que no es su caso, en que quiere que las aseguradoras se lo hagan todo. Si por el contrario usted adopta una actitud activa debe hacer lo siguiente:
En cualquier supuesto, reclamar el coste efectivamente satisfecho del alquiler del vehículo de substitución mientras no ha podido disponer de su vehículo debido al trámite de reparación, indemnización o la causa que sea. Y también reclamar los intereses de demora de todo desde la fecha del siniestro hasta la total indemnización.
Debe usted buscar a un perito de perito de automóviles competente que sepa realizar este trabajo que le estamos indicando de manera adecuada. Realizar una reclamación extrajudicial a la aseguradora y, dado el caso de negativa, efectuar una reclamación judicial con un abogado.
Respecto a las denuncias a la Dirección General de Seguros y Fondos de Pensiones, allí solo deberá presentar reclamaciones por todos los incumplimientos que sean distintos a temas de tasación de daños.
¿Y si el seguro no dice si cubre o no en esos 40 dias? El articulo dice, en cualquier caso. Estamos a punto de cumplir con los 40 dias y no nos dicen si queda cubierto o no… podría indicarnos como proceder llegado el plazo? Gracias!
El seguro debe obligatoriamente resolver antes de los 40 días, con el pago del importe mínimo conocido en caso de cobertura, o declinando el asunto dado el caso que no exista ninguna cláusula que garantice el pago de su siniestro.
El modo de proceder es presentar una reclamación o una queja ante el Servicio de Atención al Cliente (SAC) de la aseguradora que debe pagarle la indemnización, tanto si usted es asegurado como si es perjudicado en el accidente, donde en este último supuesto usted reclama al seguro del causante del accidente.
Una vez recibida la contestación del SAC de la aseguradora antes de 1 mes desde su reclamación, debe estudiarse la respuesta de ésta y su caso para ver si tienen razón o no. Ya sabe que las malas aseguradoras rechazan de manera sistemática las reclamaciones de los clientes con pretextos y excusas tengan o no razón. Habitualmente las buenas aseguradoras resuelven de manera muy profesional los asuntos.
Dependiendo del tema hay 4 escenarios distintos:
OPCIÓN 1: La aseguradora tiene razón y administrativamente ha actuado correctamente. No hay nada que hacer.
OPCIÓN 2: La aseguradora tiene razón pero administrativamente ha actuado mal. Puede presentar una queja ante la Dirección General de Seguros para que la aseguradora sea sancionada de acuerdo al artículo 196 de la Ley 20/2015.
OPCIÓN 3: La aseguradora NO tiene razón pero administrativamente ha actuado bien. Deberá iniciar el trámite pericial o presentar una demanda judicial según el caso.
OPCIÓN 4: La aseguradora NO tiene razón y además ha actuado mal administrativamente. Deberá iniciar el trámite pericial o presentar una demanda judicial según el caso. Puede presentar una queja ante la Dirección General de Seguros para que la aseguradora sea sancionada de acuerdo al artículo 196 de la Ley 20/2015.