Categorías del blog
Alcoholemias y delitos tráfico
Servicios online
Reclamación de daños y perjuicios por el Cartel de Coches
Servicio de reclamación por su tarjeta/crédito revolving.
Servicio de reclamación por clausulas suelo en préstamos hipotecarios
Asesoramiento bancario, financiero y legal en hipotecas y productos de inversión
Segunda opinión jurídica o legal por abogados especialistas
Servicio de consultas jurídicas e informes por abogados y economistas especialistas
Noticias
11/11/2022
El código penal se reforma para reforzar el castigo de las imprudencias al volante.
16/08/2022
Servicio de abogados de alcoholemia Bilbao y Vtoria
10/01/2022
Cuándo estamos ante un delito por exceso de velocidad
21/08/2021
Tarjetas revolving abusivas: reclamamos con éxito
06/08/2021
Conseguimos la devolución de 172.083 € a un accionista de Banco Popular
22/02/2021
Condenada la aseguradora a abonar 6000 euros por paralización de actividad durante el confinamiento
06/10/2020
Absuelta una conductora que tuvo un accidente tras consumir alcohol
Es habitual concertar un seguro de hogar, pero algo que desconocen la mayoría de los consumidores es que aún cuando Póliza no ofrezca cobertura por riesgos extraordinarios entre los que se encuentran los llamados casos de fuerza mayor, o catástrofes naturales tales como daños por terremotos, inundaciones, tornados, etc… se puede reclamar los daños sufridos al Consorcio de Compensación de Seguros: En general, el Consorcio de Compensación de Seguros debe indemnizar por “riesgos extraordinarios” el valor íntegro de los daños directos. Sin embargo la práctica frecuente de las Compañías de seguros es excluir de modo expreso al redactar los contratos de seguro tales riesgos, lo que hace que una parte significativa de las víctimas de éstas catástrofes naturales por falta de asesoramiento, dejen erróneamente de reclamar compensación alguna.
El Consorcio de Compensación de Seguros está obligado en caso de siniestro causado por fenómenos extraordinarios a la cobertura de dicho riesgo, así que quienes tengan suscrito un contrato de seguro de daños, aún cuando excluya dicha cobertura expresamente, podrán reclamar contra el Consorcio la indemnización correspondiente.
Tal obligación resulta de la aplicación de la siguiente Normativa y del desarrollo Jurisprudencial:
1.- la Ley que regula el Estatuto del Consorcio de Compensación de Seguros
2.- la Ley de Contrato de Seguro, en lo referente a la valoración de los daños
3.- y el Reglamento del Seguro de Riesgos Extraordinarios.
Los afectados pueden recibir a cuenta, mientras se alcanza la valoración definitiva, parte de la indemnización total solicitada.
Es práctica frecuente del Consorcio el ofrecer indemnizaciones basadas en valoraciones muy a la baja, los afectados frecuentemente se ven obligados a acudir a la Justicia para defender sus derechos. Indemnizaplus recomienda a los afectados que acudan a un Abogado independiente y especializado , y haga valer sus derechos, pues las resoluciones de los Tribunales ponen de manifiesto que las indemnizaciones en principio ofrecidas resultan habitualmente irrisorias y desproporcionadas a los daños sufridos.
Mercedes de la Puente Formoso
ABOGADO- INDEMNIZAPLUS CORUÑA: Delegaciones en La Coruña – Santiago de Compostela- Ferrol
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