|
|||||||
|
|
|
|
|
|
Food |
|
Traffic police recommend extrajudicial conciliation in the event of a car accident |
... |
||
|
By the A.M. Costa Rica staff
The Traffic Police recommend that drivers to carry out an extrajudicial conciliation in case of a minor accident. Minor accidents are when there is no serious damage to cars, motorcycles or people, after a slight crash. Traffic law states that people involved in a minor accident can reach an out-of-court settlement without the need to request the presence of a transit officer or send the case to the court. German Marín Sandí, director of Traffic Police states that "when accidents are simple to light collisions, sometimes with minimal damage to the paint, for example, you can resort to conciliation that saves us all time." The Traffic Law allows reconciliation in accidents classified as minor, without the presence of traffic officers. "Drivers can solve the consequences of minor accidents, as long as there are no injuries and vehicles can move without the help of cranes," said the Ministry in its report. To make a voluntary conciliation, the people involved must fill out and sign the DAM form, and make a report with photographs or videos, if the drivers so wish. The form is published on the website of the Ministry of Transport at this link* This type of conciliation is a commitment in good faith of the parties to acceptance and payment of the damages of a minor accident. Officers recommend keeping two printed sheets of the reconciliation form in the glove compartment of the car or in the motorcycle compartment. However, this agreement does not apply in the case of any of the people involved have a crash accident insurance because, in most cases, the insurance companies do not include this fast agreement as an option when at least one party applies for the insurance coverage. Transit police statistics show that in the first four months of the year, 28,890 accidents were attended by the officers. Another important issue includes all the persons involved in the accident. In April, a taxi driver won $8.000 lawsuit because he was not included in one extrajudicial car crash agreement. As A.M. Costa Rica reported on April 25, the Supreme Court of Justice issued a ruling in favor of a taxi driver when it was proved that in a car accident, the owners of the car signed a conciliation agreement without taking the driver into account. The government and the transit police together have to pay ₡5 million colones, about $8,357, for damages in favor of the taxi driver. For cases like this, the specialists of the Supreme Court of Justice recommend that in case of an extrajudicial conciliation, the transit officials should make sure to reach an agreement with all the people involved. The claim was filed by a taxi driver against the state and two other persons, before Civil Court. The taxi driver requested the payment of damages for the breach of duties of the two transit officials. The events occurred in April 2011, when, near the community of Desamparados* in Alajuela, the taxi collided with a minibus. Due to the strong impact and the injuries he suffered, the taxi driver was transferred to a hospital in an emergency vehicle. In the judgment it was established that on the day of the accident, and at the scene two traffic officers omitted the following: - the elaboration of the scene and the citation slips, - the preparation of the corresponding sketch, - the performance of alcohol tests, - identification of drivers, - the visit to the hospital to the injured driver to verify his health status. The officers only confirmed that the owners of the taxi and minivan reached an out-of-court settlement without taking into account the injuries of the taxi driver. The case was finally brought before the court, which dismissed the appeal and confirmed the judgment. "The appellant is not right in arguing that the moral damage was derived from the fact of a third party (the driver of the bus), because as said, the duty of reparation by the co-defendants does not arise from the affliction caused by the aftermath of the accident (which are the product of a third party), but by the negligent and negligent act in which they incurred, and the feeling of helplessness that the actor experienced," said the judgment of the court. “Therefore, in the opinion of this Chamber, the compensation awarded to the plaintiff is in accordance with the law." Solidarity compensation for subjective moral damage of the state and two traffics officers "... because there was a failure to observe the duties of the office, by a negligent act," the judge gave the ruling. "... the work of the traffic officers could be dispensed with as long as the out-of-court settlement was agreed upon by all the parties involved in the accident - including the drivers - and not only the owners," said the court's ruling. For this reason, in the study of the case, in particular, the Court confirmed the appropriateness of the payment of compensation in favor of one of the drivers involved in the accident and ordered the joint and several liabilities of the State and the two traffic policemen who attended the accident. "... As the Court rightly resolved, in the specific case there was a non-compliance with the duties of their office by both co-defendants, while - in their capacity as transit officers - they acted negligently in the care of the accident where the actor was injured," said the decision of the Court. The traffic police did not have the right to choose not to make the documentation established by the law by arguing that the owners of the minibus and taxi registration involved in the accident agreed to reconcile, especially because one of the drivers had to be transferred to a medical center with a serious injury, a situation that could have civil and even criminal implications. ------------- Have you heard of any case of extra-judicial conciliation in a traffic accident? We would like to know your thoughts on this story. Send your comments to: news@amcostarica.com |
 |
      |
