El lucro cesante: la pérdida de beneficios, interrupción de actividad o pérdida de ingresos
¿Tenías ingresos o ganabas dinero y resulta que por culpa de un accidente has dejado de ganarlos durante una temporada o de manera permanente? Pues te encuentras ante un caso de lucro cesante.
El Lucro Cesante tiene diferentes nombres. Lo llaman Pérdida de Beneficios, Interrupción de la Actividad, Pérdida de Ingresos, Pérdida de Ganancias, Gastos Generales Permanente y un sinfín de definiciones que son exactamente lo mismo con alguna pequeña variación en determinados casos.
¿Qué es el lucro cesante?
El lucro cesante puede darse en los casos de daños materiales en vehículos, como sería el caso de un taxista o el chófer de un camión que se quedan sin él por culpa de un percance. También se produce en casos de inmuebles o instalaciones, como sería un comercio incendiado o empresa inundada, donde no pueden seguir con su normal actividad que reporta unos ingresos al propietario, empresario o profesional.
Existen multitud de casos donde tu actividad, que te reporta ingresos, se ve afectada total o parcialmente y no puedes seguir a pleno rendimiento. Debes suspenderla forzosamente de manera total o parcial. En estos escenarios sufres esa interrupción de actividad parcial o total, que obviamente viene traducida en pérdidas económicas que no se hubieran producido de no haber sucedido el percance.
Por tanto el lucro cesante no es más que la pérdida de ganancias legítimas, o de alguna actividad económica debido a un siniestro o hecho dañino, y que ésta no se hubiera producido de no haberse producido el incidente.
¿Cómo valorarias a tu aseguradora?Comparte tu opinión con otros usuarios en RankiSeguros. |
¿Cómo se calcula el lucro cesante?
Necesitarás a un perito que lo haga, pero el lucro cesante se calcula en base a tu histórico de ingresos en periodos similares ajustándolos a las circunstancias que se den actualmente, descontando de ellos esos gastos variables y/o aprovisionamientos que no serán necesarios puesto la actividad está interrumpida. Si resulta que la interrupción es parcial, deberá estudiarse el grado de interrupción para compensarlo y determinar la cuantificación de esa falta de ingresos.
Obviamente ni los aprovisionamientos (existencias) ni determinados gastos variables, como podrían ser reparaciones, se contemplan en el cálculo del lucro cesante ya que eso se incluye en las partidas de indemnización por daños.
Hay existencias que se devalúan por el efecto de las «modas». Sería el caso de bicicletas o ropa que a final de temporada se devalúan tras la salida de los nuevos modelos o colecciones. Es posible que éstas existencias queden obsoletas y cuando reinicies tu actividad. Este perjuicio o pérdida de valor debería reflejarse como un daño (deterioro del valor por efecto de la moda), no como parte del lucro cesante. Pero para esto ya destinaremos un post.
Los extracostes
Obviamente existen extracostes que son necesarios para reemprender tu actividad o reemplazarla a otro lugar mientras duren las operaciones de restitución de los daños materiales o rehabilitación por lesiones. Estos extracostes temporales y/o permanentes también deberán incluirse en el cálculo de la indemnización.
La pérdida del fondo de comercio
El valor de tu empresa o actividad profesional no son solo tus «Fondos Propios» reflejados en tu «Balance de Situación». La cartera de clientes, tus comerciales, tus buenos empleados, incluso la reputación y otros aspectos forman parte del denominado «Fondo de Comercio» mercantil. Es posible que a causa de un percance tus clientes busquen a otros proveedores y también alguno de tus comerciales o empleados se marchen por cualquier circunstancia que no hubiera sucedido de no haber sufrido el percance. Pues esta «Perdida de Fondo de Comercio» también es evaluable y debe tenerse en cuenta a la hora de reclamarlo al causante del accidente, que dado el caso que no haya culpable, deberás asumirlo como pérdida propia porque no hay ninguna aseguradora que lo garantice hasta la fecha, al menos que nosotros sepamos.
¿Quién me lo debe pagar?
Pues aquellas aseguradoras que te garantizan el lucro cesante, te lo pagarán, pero no la pérdida de fondo de comercio. Ahora bien, hasta un límite de capital y un máximos temporal que habitualmente es de un año.
Ahora bien, la culpa del percance es de alguien distinto a ti, te lo deberán pagar todo: Lucro Cesante, Pérdida de Fondo de Comercio y hasta las sesiones de relax.
Recomendación
Hacer un buen cálculo de tu Lucro Cesante es importante para tus intereses. Hay muchas cosas que no tendrás en cuenta y acudir a buenos profesionales es una garantía de que contabilice todo aquello que en derecho debes percibir.
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