El seguro no me pagó parte de la indemnización por culpa del infraseguro. ¿Qué es esto?
El viento se llevó medio tejado de mi empresa. Aunque me dijeron que el seguro me lo cubría, el perito me dijo que se aplicaría un 50% de descuento a causa del infraseguro. Así que en vez de cobrar 50.000 € acabé cobrando 25.000 €. ¿Quién tiene la culpa de esto?
Supongamos que nuestra abuela tenía un solar y nos lo dejó en herencia. Una vez heredado decidimos construir una vivienda tipo chalet con piscina. La cuestión es que, entre permisos de obras, honorarios de arquitectos, excavaciones, construcción, instalaciones (agua, electricidad, aire acondicionado, calefacción de radiadores, calderas, gas y otros), tasas del vertedero,… nos costó 1.000.000 €. Si queremos asegurar toda la casa deberemos declarar al seguro el valor total de reconstrucción, que es 1.000.000 €.
Hay gente que para no pagar tanto de seguro decide sólo asegurar la mitad, o sea, 500.000 €. Por tanto, si decides asegurar una casa cuyo valor de construcción es de 1.000.000 € por 500.000 €, sólo tendrás asegurada la mitad de la vivienda. La otra mitad serás tú el propio asegurador. Ello implica que, el día que tengas un siniestro, sólo te pagarán la mitad, en la misma proporción con la que tienes asegurada la vivienda.
¿Cómo se recoge el infraseguro en la Ley?
Esta situación viene recogida en el art. 30 de la Ley 50/80 de Contrato de Seguro donde dice que si en el momento de la producción del siniestro la suma asegurada es inferior al valor del interés, el asegurador indemnizará el daño causado en la misma proporción en la que aquélla cubre el interés asegurado.
En ocasiones los seguros pueden derogar la regla proporcional introduciendo una cláusula de seguro a primer riesgo. Esto significa que dada una situación de infraseguro, el asegurador no la aplicará e indemnizará efectivamente el daño causado. En esta situación los seguros no aplican ningún descuento.
Esto viene a cuento en lo que dispone el segundo párrafo del art. 30 de la Ley 50/80 de Contrato de Seguro donde dice que las partes, de común acuerdo, podrán excluir en la póliza, o con posterioridad a la celebración del contrato, la aplicación de la regla proporcional prevista en el párrafo anterior.
La recomendación de ClaimCenter es que más vale que sobre capital, que no que falte. Hay que asegurar las cosas muy bien para no tener problemas.
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Me han robado la bicicleta valorada en más de 2000€ del trastero. El seguro lo considera al superar 2000€ bien especial y no me quieren indemnizar por ello……tengo asegurado el trastero por 2700€ pero por unidad 2000€. Se considera infraseguro y me tienen que indemnizar? O acaso lo he perdido todo?
Sin estudiar el contrato de seguro y las circunstancias del siniestro se hace difícil responderle. Cada contrato de seguro es distinto y tiene sus particularidades. Según la descripción contractual es posible que no esté incluida como sí.