¿El problema de los peritos de seguros? La diferencia con el abogado.
Hay muchos peritos que se quejan que cada vez tienen menos trabajo. Las aseguradoras, las grandes contratistas de peritos, prescinden de sus servicios. Optan por acudir a otras vías. ¿Realmente los peritos les aportan valor?
La sociedad, o sea, los usuarios, no cuentan con ellos ya que los ven como el «enemigo» que le viene a recortar sus derechos. Y como es costumbre en la gente, los peritos dan la culpa a los otros de su situación. ¿Pero realmente es así? En este post vamos a tratar algunas razones y quién tiene la culpa de que los peritos estén en «horas bajas».
¿Qué es un perito?
Ya lo comentamos en otro post. La Wikipedia define un perito o experto como una persona reconocida como una fuente confiable de un tema, técnica o habilidad cuya capacidad para juzgar o decidir en forma correcta, justa o inteligente le confiere autoridad y estatus por sus pares o por el público en una materia específica. Un perito o experto es una persona con un conocimiento amplio o aptitud en un área particular del conocimiento.
¿Para qué sirven los peritos?
Los peritos son requeridos para dar consejos sobre su tema de especialización, aunque no siempre coinciden en sus apreciaciones con las opiniones aceptadas sobre ciertos temas específicos de su tema de estudio. Se cree que un experto puede, gracias a su entrenamiento, educación, profesión, trabajos realizados o experiencia, tener un conocimiento sobre un cierto tema que excede el nivel de conocimiento de una persona común, de manera tal que otros puedan confiar en la opinión del individuo en forma oficial y legal.
Características del perito
Por tanto el perito no puede ni debe tener interés en el asunto o inclinarse hacia una u otra parte. Debe ser imparcial, honesto, riguroso, objetivo y tratar los temas en base a pruebas y evidencias objetivas. Jamás en base a suposiciones. Debe ser contundente en sus estudios y no tratar aquello sobre lo que tiene dudas, o en su caso, exponerlo con la máxima transparencia.
¿Cómo valorarias a tu aseguradora?Comparte tu opinión con otros usuarios en RankiSeguros. |
La devaluación de perito de seguros
Pero ¿cómo actúan la mayoría de peritos de seguros? No todos los peritos son iguales, pero la inmensa mayoría de peritos de seguros actúan de manera sesgada e interesada siguiendo las instrucciones explícitas de sus clientes, las compañías de seguros malas. Porque el perito sabe que si no hace lo que la aseguradora mala, o compañía eléctrica, gas o agua mala, quiere y no defiende sus intereses económicos, no tendrá más trabajo.
Y ¿qué sucede cuando el perito hace lo que el cliente quiere? Pues que eso que debía hacer el perito lo hace el mismo cliente prescindiendo del mismo perito. ¿Qué valor da el perito si hace lo que el cliente quiere? Ninguno. A lo sumo ayuda a engañar a la otra parte. Sólo sirve para acreditar un “montaje” ante una eventual oferta del asegurador o defender una postura determinada ante un juzgado para que el cliente, la mala aseguradora, salga beneficiado.
Y de este modo el descrédito que tienen los peritos malos ante los abogados, aseguradoras y sociedad en general es de tal calibre que sus honorarios están por los suelos. Y ello afecta a los buenos peritos, a los que les gusta hacer las cosas como deben hacerse.
La legalidad
¡Los buenos peritos son estrictamente necesarios! Hay aseguradoras y empresas buenas que actúan sin presiones y hacen lo que el perito libremente y de manera imparcial y objetiva expone. Hacen caso al experto. Y este es el modo como el perito debe actuar. De manera imparcial, sin interés, con profesionalidad y objetividad.
La diferencia con el abogado
En muchas ocasiones veo que hay peritos que dicen tener que consensuar el informe con el abogado. Lo deben acordar con el director de la aseguradora o empresa suministradora o contratista de turno. Esperan a tener el “visto bueno” de su cliente ¡Esto no funciona así! El perito debe realizar su trabajo sin consensos de ningún tipo. Expone algo en base a su experiencia y unos hechos objetivos probados.
¿Es lícito y legal que el abogado tenga interés? ¡Rotundamente sí! El abogado tiene interés. La gente no paga a un abogado para que haga justicia. Eso es un tema exclusivo del juez. La gente paga al abogado para que defienda sus intereses particulares. En un caso de defensa de intereses al abogado no le interesa la justicia. Le interesa defender los intereses de su cliente utilizando todos los recursos legales para que su cliente salga beneficiado. Por eso muchas veces los honorarios del abogado son a porcentaje. Porque hay el mismo interés. Porque salen beneficiados los dos ¡El perito no funciona así! Aunque lo contrate una de las partes el perito debe actuar siempre por igual. El perito debe obrar con imparcialidad y objetividad, que significa que, independientemente de quien le contrate, debe decir siempre la misma verdad cierta. A diferencia del abogado, que éste puede hasta mentir para defender a su cliente, ¡el perito jamás!
Esto que acabamos de contar hay muchos peritos que no lo saben (los ignorantes) o, aun sabiéndolo, hacen lo que no deben (los deshonestos, parciales y desleales). Están los otros, los peritos buenos que lo saben y hacen lo que deben. Pero de estos últimos lamentablemente hay muy pocos.
Las presiones de los peritos
Es obvio que muchos malos clientes (aseguradoras malas, eléctricas malas, etcétera) presionan en distintas formas a los peritos para que actúen de un determinado modo. Para que les beneficie. ¡Esto es un delito! Las asociaciones de peritos o los propios peritos deberían denunciar estas presiones o actuaciones punitivas. Si tuvieran pruebas escritas o grabaciones de esas presiones o incitaciones a hacer cosas ilegales deberían trasladarlo a juzgados denunciando esos hechos. Todo para que esas personas que quieren ejercer presión sobre los peritos y actúen de un determinado modo abandonando su rectitud acabaran procesados judicialmente con sanciones ejemplares o la privación de libertad. Y los jueces deberían ayudar a los peritos en esta lucha por el buen hacer y la justicia.
Si las actuaciones de ciertas aseguradoras y peritos malos fueran denunciados, saldrían a la luz casos y todos los usuarios saldríamos beneficiados. De este modo sólo quedarían los buenos peritos y las buenas aseguradoras que los hay.
Conclusión
Por tanto, la culpa de lo que les sucede a los peritos es de los propios peritos, y depende de ellos que se resuelva su problema de prestigio y credibilidad profesional.
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