¿Cómo deben valorar mi coche siniestrado los seguros?
Coche siniestrado: Que es el valor venal, valor de reparación, valor de reposición, valor de nuevo, lucro cesante y coche de substitución.
Fui de compras al supermercado y sufrí un accidente con un coche que compré hace 7 años. Como sólo lo uso para realizar recados en mi ciudad sólo tenía 15.000 Km, o sea, que estaba nuevo. Cualquier otro vehículo con la misma edad tendría más de 100.000 Km. Me funcionaba fantásticamente bien.
El pasado jueves el otro conductor se saltó un STOP colisionando contra mí y destrozándome el coche. Por suerte no sufrí lesiones. Resulta que, siendo la culpa del otro, mi seguro me dice que me ofrece una cantidad determinada de dinero por mi coche siniestrado, ya que la reparación es más cara que el “valor venal”. Mirando por internet un vehículo de similares características al que tenía (con el mismo kilometraje y accesorios), los gastos de cambio de nombre,…, con la oferta de «valor venal» de mi seguro no me llega, por lo que les digo que prefiero que me reparen mi coche. Mi compañía me deja totalmente desamparado y lo único que hace es mandarme una carta con la oferta del valor venal un poco mejorada, que sigue siendo insuficiente. Además la carta incorpora una renuncia a realizar futuras reclamaciones por si no estoy de acuerdo.
¿Qué es eso del valor venal? Estoy sin coche esperando que alguien haga algo y me han dejado desatendido. ¿Qué hago?
¿Qué dice la Ley?
La ley 50/80 de contrato de seguro (Art. 26), dice que para la determinación del daño se atenderá al valor del interés asegurado en el momento inmediatamente anterior a la realización del siniestro. Por tanto, una de las funciones de los peritos es valorar los daños y las pérdidas reales de lo dañado justo antes del accidente. Ni más ni menos, justo lo que toca, a modo que quede todo restituido sin que yo, el usuario, no deba añadir ni un céntimo.
¿Qué es el valor venal?
El “valor venal” es el valor de venta del vehículo en el mercado de ocasión. Si le añadiésemos los impuestos de transferencia, gastos de gestoría, tasas de tráfico,… obtendríamos el “valor de reposición”. Es evidente que el “valor venal” tiene en cuenta el demérito por uso y años del vehículo.
La cuestión está en qué criterios utilizan los seguros o cuales son los sitios de donde obtienen los datos para fijar el “valor venal” de un vehículo, motocicleta o furgoneta.
Habitualmente se utiliza un método del todo erróneo y sesgado a la baja que es consultar un sitio privado llamado GANVAM, que es la “Asociación Nacional de Vendedores de Vehículos a Motor, Reparación y Recambios”. La valoración de los vehículos según este sitio es paupérrima y del todo desaconsejable, aunque idóneo para aquellos que quieren valorar un vehículo absolutamente a la baja para pagar poco por él.
Cabe tener en cuenta que sobre el “valor venal” los seguros descuentan los restos del vehículo siniestrado que son los que un chatarrero daría ellos. En ocasiones estos restos pueden valer bastante dinero, y hasta se pueden subastar en sitios como “autoresiduos.com”, donde puedes ofrecer tu vehículo siniestrado y venderlo al mejor postor.
De todos modos, para obtener un precio justo de un vehículo hay que calcularlo desde sitios como “coches.net”, “motos.net”, “milanuncios.com” o “autoscout24.es”.
¿Cuál es el valor de reparación?
El valor de reparación es lo que cuesta reparar el coche para dejarlo exactamente como antes del siniestro, impuestos incluidos (IVA Incluido). Con esta cantidad tendrás para tener tu coche reparado.
¿Cuál es el valor de reposición?
Tampoco hay una definición exacta pero sería el precio de un vehículo de segunda mano de idénticas o similares características al tuyo (de marca, modelo, kilometraje y accesorios), más los impuestos de transferencia del vehículo, las tasas, los costes de gestión de adquisición del vehículo (gestoría y compra-venta del vehículo), más un seguro de garantía mínimo de un año de cualquier contingencia que pudiera tener. Con esta cantidad también tendrías suficiente para reponer tu coche siniestrado.
¿Cuál es el valor de nuevo?
Es el valor de tu vehículo nuevo del concesionario. Comprado con 0 kilómetros. Con exactamente los mismos accesorios y opciones.Con esta cantidad también tendrías suficiente para reponer el coche.
Las marcas genéricas
Ni Mercedes-Benz, ni Porsche, ni SEAT, ni Mitsubishi, ni Renault, etc., fabrican lunas, alternadores, baterías, frenos, amortiguadores,…. BMW compra amortiguadores a BILSTEIN, después de que éstos graven la marca BMW en el amortiguador antes de montarlo en el coche. Alfa Romeo compra los frenos a BREMBO, quien antes grava la marca Alfa Romeo en los frenos. Lo mismo pasa con BOSCH en las baterías de coche, LUCAS con los componentes eléctricos, etcétera.
En este sentido, existe el recambio original, que sería el amortiguador BILSTEIN con la marca BMW gravada. Luego tendríamos el recambio genérico, que sería el mismo amortiguador BILSTEIN sin la marca BMW gravada. Los recambios de las marcas de vehículos te garantizan que pasan unos controles de calidad, que de otro modo no los tienes garantizados. Por último, existen los recambios alternativos, que habitualmente son productos de menor calidad.
Cuando se valoran las cosas en un coche deben valorarse a precio de recambio original, o sea, con la batería BOSCH y con la marca SEAT gravada. Sólo pueden valorarse a precio de recambio alternativo o de recambio genérico si el usuario tenía montada esa marca. El problema está cuando algunas aseguradoras obligan a sus talleres concertados a montar recambios genéricos o alternativos incumpliendo la Ley, causando un grave perjuicio al asegurado o al perjudicado.
Y, mientras duran todas estas gestiones ¿Qué hago sin coche?
Cuando la culpa es del otro, deben pagarte obligatoriamente un coche de substitución de similares características al tuyo, impuestos incluidos. Y dado el caso que sea un amigo o pariente quien me deja el coche, ¿el seguro debe pagarme el coche de substitución? Rotundamente Sí y lo explicamos.
Cuando alguien te causa un daño o un perjuicio, ese alguien lo debe pagar. Se llama Responsabilidad Civil. Si tiene un seguro que paga ese tipo de daños, serán los seguros quienes subsidiariamente lo deban pagar.
Cuando alguien te deja algo existe un intercambio, y cualquier intercambio conlleva una contra-prestación económica cuyo instrumento es el dinero, que es el patrón universal que desde hace miles de años utilizamos las personas para intercambiar bienes o servicios. Tú me dejas un coche y yo te pago dinero por dejármelo. De hecho, cuando uno hace un préstamo a alguien, Hacienda te obliga a declarar el interés legal aunque el acreedor no quiera y te cobra impuestos por ello. Por tanto, la aseguradora debe pagarte obligatoriamente el coche de substitución. Otra cosa es que quien te deje el vehículo decida condonarte la deuda que tienes con él, pero este no es problema de la aseguradora, es problema tuyo con quien te ha dejado el coche. La aseguradora debe pagarte ese perjuicio independientemente de los tratos que tú tengas con tu acreedor. Quien no puede beneficiarse jamás de la condonación de tu deuda es el seguro. Sólo faltaría. El acreedor lo hace porque eres tú, no para beneficiar a tu seguro.
Y ¿qué pasa con el lucro cesante o la falta de facturación?
Si resulta que realizas una actividad mercantil como la de taxista, médico a domicilio, repartidor, veterinario a domicilio, herrador de caballos, etcétera, que necesitas de tu vehículo para desarrollar tu actividad ¿qué pasa?
Si puedes coger un vehículo de substitución lo coges y te lo pagan. Pero resulta que si tienes un coche adecuado y reformado a tu actividad como un taxímetro, cabina isotérmica, utillaje de veterinaria, etcétera, además de repararte el coche con todos los desperfectos en el utillaje interno, deberán pagarte la pérdida de facturación o “lucro cesante” por no poder desarrollar tu actividad económica durante el periodo de tiempo que estás sin el coche, y mucho ojo. Hay algunas aseguradoras que calculan el lucro cesante en función de las horas de reparación del vehículo. O sea, miran las horas de “mano de obra” de la factura de reparación y calculan la indemnización en base a esas horas. Eso es muy feo y está muy mal. El lucro cesante debe calcularse en base a todos los días que no has dispuesto de tu vehículo, entendiendo por ello desde la fecha del siniestro hasta la fecha de salida del taller con el vehículo completamente reparado, ambos incluidos. Estate alerta.
A fin de cuentas, ¿Qué prevalece?
La DGSFP (Dirección General de Seguros y Fondos de Pensiones), que hace las funciones de regulador y supervisor del mercado de los seguros, dice que prevalecerá la reparación y la voluntad del usuario (asegurado o perjudicado) frente al de los seguros. Si el usuario desea reparar se reparará, y si no, se le pagará el valor de reposición o valor de nuevo. El Valor Venal es un argumento que teóricamente queda muy bien, pero que a la práctica el afectado tiene que rascarse el bolsillo siempre.
En líneas generales la DGSFP determina que deberá atenderse al interés real del usuario a modo que quede justamente resarcido de todos los daños, perjuicios y gastos sin que ello implique un enriquecimiento injusto por parte del usuario.
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A finales de Noviembre me dieron un golpe, un vehículo que se saltó un ceda el paso. Firmamos el parte amistoso y el mismo día se dio alta el parte y se enviaron parte de las fotos y al día siguiente se escaneó y se envió el resto de las fotos. En la primera semana de diciembre fueron a peritar los daños, el vehículo se llevó a un taller oficial de la casa. 20 días más tarde me informa el taller que le han dado el informe pericial inicial porque se prevee más desperfectos que no pueden evaluarse hasta que empiece la reparación. Con el visto bueno inicial me dice el taller que se manda a pedir los repuestos y que tardarán unos días. A mediados de enero me informa el taller que han parado las reparaciones porque han detectado más desperfectos, algunos de ellos que podrían haber sido detectados en el informe pericial inicial y que no han sido detectados hasta ahora, algo así como cinturones de seguridad que deberían cambiarse y un airbag lateral del asiento que debería haberse visto a simple vista. Ya han pasado dos meses, me paso por el taller y el coche sigue igual. Me indican que ellos son los más interesados porque tienen piezas por un valor importante. Llamo al seguro y me dicen que no tienen constancia de la segunda peritación ni de nuevos daños. El del taller me dice que el perito le comenta que el vehículo puede declararse como siniestro total porque los costes de reparación superan el valor venal del coche. Y pregunto yo, si aún siendo el perjudicado, tengo un seguro de terceros ampliado con franquicia de 300€ para daños propios. Aún siendo el perjudicado no tengo derecho a que reparen por completo mi vehículo. Entiendo que si reclamase daños propios podrían declarar el coche como siniestro total, pero siendo el perjudicado, ¿no está la aseguradora causante obligada a reparar todos los desperfectos del vehículo? ¿Lo del siniestro total y el valor venal es aplicable sea el causante o el perjudicado? O es que el perito no tiene por qué saber si yo soy el perjudicado o el causante y le dijo eso al del taller por desconocimiento.
Muchas gracias, algo tan elemental como esto me está quitando el sueño después de una espera de más de dos meses.
Y si no estoy deacuerdo con que mi coche se vaya a restos y que quiero que lo arreglen se puede pedir eso….por que la verdad yo no lo veo tan roto..creo que el tasador se apuro en darle restos
Lo primero que hay que tener en cuenta es si usted es perjudicado en el accidente de circulación o asegurado que reclama sus daños propios:
– Si usted es perjudicado puede reparar y la aseguradora del causante se lo debe pagar todo.
– Si usted es asegurado y reclama a su compañía que cubre sus daños propios, debería estudiarse su contrato.
Sin más datos no podemos comentarle más sobre el asunto, pero si lo necesita podemos hacer un estudio de su caso.