¿Qué es y para qué sirve la garantía de defensa y reclamación jurídica? ¿Cómo debo utilizarla?
Fui perjudicado en un accidente de circulación. Mi aseguradora se encargó de reparar mi coche cuando debía ser la contraria quien lo hiciera, pero me dijeron que lo hacían por un convenio que hay entre aseguradoras. Alquilé un vehículo de substitución mientras el mío estaba en el taller. Mi seguro de “asistencia jurídica” no consiguió que me pagaran mis lesiones ni el alquiler del coche de substitución, por lo que encontré a ClaimCenter quienes sí lo consiguieron. Finalmente reclamé la factura de ClaimCenter a mi compañía de Asistencia jurídica, la cual me reembolsó parte de la factura.
Qué son y para qué sirven los seguros de asistencia o defensa y reclamación jurídica
Los seguros de defensa y reclamación jurídica no pagan los daños que hemos sufrido o los que hemos ocasionado a terceros. Para esto están los llamados seguros de daños, o multirriesgos, y los seguros de responsabilidad civil. Los seguros de defensa y reclamación jurídica sólo pagan las facturas de los abogados y peritos que necesites contratar para realizar una reclamación, amistosa o judicial, a alguien que te ha causado algún daño o para defenderte de los daños o perjuicios que alguien te reclame a ti por los daños o perjuicios que le hayas causado. Algunas aseguradoras se “estiran” un poco más y llegan hasta el límite de 6.000 € para esta garantía. Es obvio que hay compañías Low Cost que limitan mucho los derechos del asegurado y obligan a ir con sus profesionales o sólo pagan 200 € por esta garantía. Una auténtica miseria.
¿A quién escoger? A profesionales “libres” o los profesionales de la aseguradora
Esta respuesta es muy fácil: Siempre a profesionales libres, aunque debas añadir dinero, y te razonaremos el porqué.
En cualquier relación profesional, sea del tipo que sea, debes tener en cuenta tu beneficio y el de quien contratas. Habitualmente los profesionales de las aseguradoras, o son asalariados o son profesionales que actúan con unas tarifas planas, o variables, muy bajas, y por tanto, su interés por tu asunto no es muy grande. A más gestiones menos beneficio obtienen, y por tanto, no actúan con demasiada diligencia a no ser que tu tema sea muy claro y su interés sea cobrar las costas judiciales de la parte contraria, de donde sí obtendrán unos buenos emolumentos. Además, y como habitualmente se necesitan peritos y éstos están mal pagados y los abogados no saben tratarlos muy bien, cuando resulta que son la pieza más importante en un caso, el tema lo tienes muy perdido.
Cuando contratas profesionales “libres” que no son de ninguna aseguradora, normalmente actúan a porcentaje o van a éxito con multitud de fórmulas, tanto si se trata de peritos, abogados, procuradores o empresas de gestión de accidentes en particular. Y como los honorarios a percibir son mucho mayores, el interés de estos profesionales es mucho más elevado que el de las aseguradoras.
Lo que decimos en este post no es políticamente muy correcto, pero nuestra intención no es ser políticamente correctos sino realistas. Habitualmente las empresas y la gente trabajan para ganar dinero. Es una obviedad. Pero además hay gente que trabajamos porque nos gusta y disfrutamos con nuestra labor, aparte de que aprecies y quieras ayudar a la gente. Pero es que además nos gusta que esa gente que nos ha contratado nos reconozca nuestro trabajo bien hecho. Ello anima a que tengas mucha experiencia y conocimiento. Si falla una de estas características con aquel que contrates, tu caso no seguirá adelante, y habitualmente con los profesionales de las aseguradoras falla lo que cobran, y esto es un grave problema para tus intereses.
Piensa que la garantía de defensa y reclamación jurídica sólo es un gasto para la aseguradora. Quien cobrará el dinero de la reclamación eres tú, el asegurado. No lo cobrará ella, la aseguradora. Por tanto, la aseguradora debe pagar (tener un gasto) para que el beneficio se lo lleve otro, o sea tú, el asegurado. Por tanto, los recursos y ganas que tiene el seguro a la hora de poner medios a tu disposición para tu reclamación son pocos o nulos.
Cuando se trata de reclamaciones que te hacen a ti y la aseguradora deba soportarlos por ser un tema de responsabilidad civil, ya verás como su actitud cambia como de la noche al día. Pondrá todos los recursos para que no te condenen, porque sabe que si te condenan deberá pagar ella. Por tanto no es lo mismo que el beneficio sea para ti que el beneficio sea para ella.
Como hemos dicho, no sólo debes mirar por ti. A la hora de escoger debes tener muy en cuenta qué beneficio obtiene aquel a quien contratas, ya que habitualmente ese mira para sí, y por tanto la relación debe ser siempre: Yo gano y tú también ganas. Es la base de los negocios.
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