Los profesionales del seguro: Los peritos
Cuando estaban realizando obras en el edificio colindante al mío, me aparecieron desperfectos por grietas y humedades en la pared de mi casa debido a las vibraciones de las máquinas y las inclemencias del tiempo. Resulta que para formular el parte de accidentes y la reclamación a la aseguradora del constructor del vecino tuvo que venir un perito. ¿Por qué tuve que contratar a un perito si ya tenía las valoraciones hechas por los industriales?
¿Qué es un perito?
La Ley 20/2015 de ordenación, supervisión y solvencia de las entidades aseguradoras y reaseguradoras, en su disposición adicional décima establece que los peritos de seguros son quienes dictaminan sobre las causas del siniestro, la valoración de los daños y las demás circunstancias que influyen en la determinación de la indemnización derivada de un contrato de seguro y formulan la propuesta de importe líquido de la indemnización. Además, dicha disposición dice que los peritos de seguros que intervengan en el procedimiento de tasación pericial contradictoria deberán tener conocimiento técnico suficiente de la legislación sobre contrato de seguro y, si se trata de profesiones reguladas, estar en posesión de titulación en la materia.
El perito, o experto, es un profesional honesto y riguroso que gracias a sus extensos conocimientos en la materia sobre la que actúa, donde en determinados casos deberá poseer la titulación académica que le confiera las atribuciones profesionales pertinentes, determina las causas y circunstancias del accidente. Delimita las consecuencias del siniestro y por tanto, encuadra de manera objetiva la relación causa-efecto identificando las acciones u omisiones de los implicados en la eventualidad a fin de atribuir las responsabilidades. Realiza la tasación de los daños y/o pérdidas consecuencia del siniestro utilizando los criterios de valoración oportunos en cada caso. Finalmente deberá decretar una propuesta de indemnización al asegurado, o al perjudicado, en virtud de las Leyes, y en segunda instancia, a las cláusulas delimitativas del riesgo y a las que limitan los derechos del asegurado contenidas en el contrato de seguro.
¿Por qué se necesita un perito? Su importancia
Un perito es un profesional independiente que debe decir la verdad basándose en pruebas y evidencias objetivas, apoyado además por sus conocimientos y experiencia. Es un profesional que no tiene un interés directo en aquello sobre lo que actúa. La Ley 1/2000 de enjuiciamiento civil exige a los peritos juramento o promesa de actuación máximamente objetiva e imparcial y someter sus dictámenes a explicación, aclaración y complemento, con plena contradicción.
El perito es el profesional y la pieza más importante sobre la que pivota el accidente. Es el profesional por antonomasia y la piedra angular del asunto. Su trabajo es capital y casi insustituible; su labor servirá de sustento de toda la gestión del siniestro.
Las partes (aseguradora, asegurado o perjudicado) pueden tener intereses. El perito no. Su imparcialidad e independencia hacen que su labor sea objetiva.
El perito sabe observar y recabar toda la información en base a sus conocimientos y experiencia; ordenándolo, transfiriéndolo y exponiéndolo a modo entendedor en un documento escrito (informe o dictamen pericial), en virtud de todas sus funciones, para que todos los implicados (aseguradoras, asegurados, perjudicados, tramitadores, abogados y jueces) puedan actuar y resolver lo que éste profesional ha decretado.
¿Cuánto cuesta un perito? tabla de honorarios profesionales
Los honorarios de los peritos de seguros son libres, al igual que los honorarios de cualquier profesional. Pueden pedir lo que ellos quieran, por lo que es muy recomendable que antes pidas precio. Hay colegios profesionales que tienen unas tablas de honorarios orientativos, pero en lo referente a peritos de seguros no hay nada. Para que te sea de utilidad, te pasamos unas tablas de honorarios para que sepas de manera orientativa lo que cuesta un perito.
Honorarios profesionales cuando intervenga tasación de daños materiales y/o corporales o pérdidas
Valor tasado |
Porcentaje sobre valor tasado |
Mínimo |
|
| Desde | Hasta | Honorarios | Honorario mínimo |
|
0,00 € |
5.000,00 € |
11,00 % |
350,00 € |
|
5.000,01 € |
25.000,00 € |
10,19 % |
500,00 € |
|
25.000,01 € |
50.000,00 € |
9,27 % |
2.547,50 € |
|
50.000,01 € |
100.000,00 € |
8,35 % |
4.635,00 € |
|
100.000,01 € |
500.000,00 € |
7,41 % |
8.350,00 € |
|
500.000,01 € |
1.500.000,00 € |
6,68 % |
37.050,00 € |
|
1.500.000,01 € |
En adelante |
5,00 % |
100.200,00 € |
Honorarios profesionales cuando deban facturarse por administración.
Concepto |
Precio hora |
Mínimo |
| Honorarios profesionales | 160,00 € | 350,00 € |
Honorarios de vistas y asistencias judiciales
Concepto |
Precio |
| Asistencias a juicio | 350,00 € |
| Asistencia a juicios aplazados (no celebrados) | 160,00 € |
Gastos
Concepto |
Precio |
| Desplazamientos en vehículo propio | 1,17 €/km |
| Avión, vehículos alquiler, peajes,… | Gasto incurrido |
| Dieta sin pernocta diaria | 100,00 € |
| Dieta con pernocta diaria | 300,00 € |
| Fotografías | 1,03 €/unidad (fotografía adjuntada) |
Nota:
- Todos los importes expuestos en las presentes tablas no incluyen impuestos indirectos
- Los precios hora incluyen todas las labores profesionales (visitas, entrevistas, reuniones, estudio, redacción de informes,…)
- Documento exclusivo de honorarios profesionales y gastos de peritos de seguros y comisarios de averías para España
- Los honorarios de asistencia a juicio serán siempre que la vista oral se celebre en la misma provincia del domicilio profesional del profesional. En caso de celebrarse en una provincia distinta, la base de honorarios se multiplicará por un coeficiente corrector de 2 veces.
Conclusión
Los honorarios de los peritos se pagan siempre, diga lo que a ti te interesa o lo contrario.
Tener buenos peritos es la mejor inversión que puedes hacer. En los siniestros o accidentes no existe ningún otro profesional (ni tramitadores, abogados, procuradores, investigadores,…) que tengan la importancia y determinación de los peritos. Los peritos son como los jugadores de un equipo de fútbol. Si son buenos (buenas actitudes y aptitudes) y tienes razón te irá muy bien.
Para que veas la importancia. Si vas a un juicio con perito malo y un buen abogado, casi seguro que perderás el pleito. Si vas con un perito bueno y un abogado mediocre seguramente ganarás el pleito. La prueba pericial es fundamental y el perito es la clave de casi todo.
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