¿CÓMO ELEGIR AL ABOGADO TRAS SUFRIR UN ACCIDENTE DE TRÁFICO?
1º) ¿Abogado de Compañía o Abogado particular?
Hemos de partir de la base de que la Compañía Aseguradora no puede imponer sus propios abogados al asegurado que ha tenido un accidente de tráfico. El Art. 76 d de la Ley 50/80 del Contrato de Seguro dispone que “El asegurado tendrá derecho a elegir libremente el Procurador y Abogado que hayan de representarle y defenderle en cualquier clase de procedimiento. El asegurado tendrá, asimismo, derecho a la libre elección de Abogado y Procurador en los casos en que se presente conflicto de intereses entre las partes del contrato. El Abogado y Procurador designados por el asegurado no estarán sujetos, en ningún caso, a las instrucciones del asegurador” Es decir, el legislador no sólo ha garantizado el derecho a elegir libremente al abogado y procurador que interese al asegurado, sino que garantiza la independencia de dichos profesionales.
Por lo tanto, aquella persona que haya sufrido un accidente de tráfico puede elegir libremente un abogado particular que reclame en su nombre la indemnización que le corresponda, no teniendo por que “conformarse” con el de la Compañía Aseguradora.
Siendo libres para elegir, cabría preguntarse ¿qué ventajas ofrece un abogado particular sobre el abogado de la compañía aseguradora? En primer lugar, para el abogado particular el cliente SIEMPRE es la víctima del accidente de tráfico, mientras que para el abogado de la compañía aseguradora ésta es su cliente, ya que es su principal (si no única) fuente de sustento. Por lo tanto, mientras que el primero va a velar por los intereses de la víctima, el segundo velará por los intereses de la aseguradora.
Esto nos lleva al segundo motivo por el que es preferible un abogado particular que uno de compañía aseguradora: para el primero es fundamental la calidad de su servicio y la plena satisfacción de su cliente ya que es la única manera de que el cliente vuelva a recurrir a sus servicios y, además, lo recomiende. Un abogado llevará más casos mientras mejor sea el servicio que presta. Sin embargo, para el abogado de la compañía de seguros el suministro de casos está garantizado por la propia Entidad, de ahí que no necesite esforzarse tanto en la calidad del servicio.
Por último, los honorarios del letrado independiente variarán en función de la cuantía reclamada, por lo que dedicará más tiempos y recursos al caso a fin de obtener la mayor indemnización posible.
2º) Abogado particular ¿Quién paga sus honorarios?
Obviamente la contratación de un profesional conlleva aparejada siempre la obligación del cliente de abonar los servicios prestados y los abogados no son una excepción. Ahora bien, las pólizas de autos incluyen una cobertura denominada “Defensa Jurídica” cuyas condiciones es importante conocer incluso antes de la contratación puesto que suele ser una de las coberturas más utilizadas por los asegurados. La cobertura de “Defensa Jurídica” implica que la compañía aseguradora deberá hacer frente a los gastos “en que pueda incurrir el asegurado como consecuencia de su intervención en un procedimiento administrativo, judicial o arbitral, y a prestarle los servicios de asistencia jurídica judicial y extrajudicial derivados de la cobertura del seguro”. Así se regula en el Art. 76 de la Ley del Contrato de Seguro a la que se introdujo toda una Sección 9ª dentro del Título II sólo para reglamentar esta cobertura. Ahora bien, dicha cobertura de Defensa Jurídica suele estar limitada y condicionada y dichos límites y condiciones varían notablemente entre las distintas compañías aseguradoras, de ahí que sea absolutamente necesario informarse antes de contratar una póliza de autos de la cobertura de Defensa Jurídica que incluye.
Por lo tanto, el asegurado no sólo tendrá derecho a elegir libremente al abogado que prefiera sino que, además, podrá exigir después a su Compañía Aseguradora el reembolso, dentro de los límites previstos en la póliza, de los gastos que dicha contratación le origine.
A ello hay que sumar la posibilidad de obtener una condena en costas si la reclamación de la indemnización que corresponda tras el accidente de tráfico se judicializa. En ese caso sería la parte contraria la que deberá correr con los gastos que se hayan ocasionado a la víctima del accidente de tráfico.
3º) Abogado particular ¿Y ahora cuál escojo?
Una vez que el lesionado tiene claro que la mejor opción es un abogado particular ¿cuál debe elegir? Para responder a esta pregunta pondremos un ejemplo: Se me avería el frigorífico de casa y me planteo, para repararlo, dos opciones: elegir entre una empresa de servicios cuyo anuncio dice que son capaces “de arreglarlo todo” y una empresa cuyo anuncio dice que son “expertos en arreglar electrodomésticos”. Obviamente, a priori, la mejor opción es la segunda. Ahora bien, si puedo elegir entre los expertos en arreglar electrodomésticos y un experto en reparación de frigoríficos ¿por qué elegir a los primeros pudiendo elegir al segundo?
A la hora de elegir un abogado ocurre exactamente lo mismo: si puedo elegir un abogado experto en accidentes de tráfico ¿por qué elegir uno que no lo sea? Obviamente, la especialización implica un mayor dominio de la materia y, en consecuencia, una más alta probabilidad de obtener un resultado más favorable.
Nuestro consejo como Despacho de Abogados expertos en reclamaciones de accidentes de tráfico es el siguiente:
En primer lugar, es el lesionado el que debe tomar la iniciativa tras haber sufrido un accidente, no la compañía aseguradora que, no lo olvidemos, es una empresa privada cuyo objetivo es incrementar sus beneficios, no velar por los intereses de su asegurado. En segundo lugar, debe contar con el mejor asesoramiento posible y ello sólo lo conseguirá contratando a un profesional experto en la materia que sea capaz de dar un servicio integral y completo, desde la búsqueda del centro médico de rehabilitación que más le convenga hasta la gestión del recobro de los honorarios profesionales a través de la cobertura de defensa jurídica que tiene contratada.
Por todo ello, es fundamental elegir un Despacho de Abogados que cuente con la infraestructura necesaria para darle un servicio de calidad. En Jurisleg somos abogados expertos en responsabilidad civil y gestionamos cientos de accidentes de tráfico. Esa enorme experiencia nos permite garantizar, sin lugar a dudas, que no encontrará un despacho profesional capaz de ofrecerle un servicio mejor que el nuestro en cuanto a la gestión de su accidente de tráfico se refiere.
Francisco M. Orellana Vega.
Letrado de JURISLEG.
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