Q COSTARICA — Traffic accidents are just part of everyday life in Costa Rica. Whether it’s a fender-bender or something far worse, every time we get behind the wheel, we’re rolling the dice.
According to Article 197 of Civil Liability, in any traffic accident in which the driver is not identified, the registered owner shall be held civilly liable for the consequences arising from the use, manipulation, possession, or ownership of the vehicle.
In such a case, the interested party may file a civil suit against the registered owner. The owner may release himself or herself from liability by providing a document proving that the vehicle was sold, transferred to a third party, stolen, or is not in his or her possession, prior to the traffic accident.
– Advertisement –
If the above is proven, the case must be filed against the new purchaser or possessor, and any other legally valid exceptions shall also be filed.
In accidents in which the driver is identified, the joint civil liability of the owner or possessor may be processed within the respective traffic proceedings, in accordance with the provisions of Article 199 of this law.
Pedestrians, drivers, and passengers of vehicles who are responsible for a traffic accident may be held civilly liable for any damages resulting from the accident.
The above also applies in cases, including the situation happened in Santa Ana on Friday when a heavy vehicle driver was moving his truck inside a private property and accidentally struck a utility pole.
The impact was strong enough to break the pole, causing it to fall onto the public street. Luckily, no one was on the road at the time—just moments before or after could have led to a disaster.
Ruta 121, just west of the rotonda (roundabout), was closed from just after 6 a.m. until nearly 8 p.m.
– Advertisement –
The Compañia Nacional de Fuerza y Luz (CFNL) estimates the cost to replace the pole and restore power at about ¢10 million colones. This doesn’t cover the expenses for cable companies and other utilities that use the line, nor the police resources needed to manage traffic. Given these facts, the driver and/or vehicle owner, who stayed at the scene, is responsible.
What happens if someone hits me and doesn’t want to or can’t pay?
– Advertisement –
If you are hit by a vehicle where the driver and/or owner has nothing or refuses to pay for the damages, and doesn’t count with the mandatory Marchamo (circulation permit) that includes third-party liability, there isn’t much to do but to take the hit and get on with your life, because you’ll never get paid.
In any case, the first line of defence to eventually get paid is calling the traffic police, who will make his or her report and issue a ticket. You can request a “perito” (insurance representative) to attend the accident. If one is not available, you can file the accident report with your insurance company within days of the accident.
Contacting a lawyer is an option, or do it yourself, to win the case in Traffic Court. Once the judgment is in your favor, you start the process to enforce that judgment which can include foreclosing or auctioning the defendant’s vehicle to cover the damages they caused. After that, you can ask the court to declare any remaining balance owed, which could lead to the seizure of wages or other assets.
The whole thing can take a while. And there’s always a chance the defendant might offer a settlement before it goes all the way through the process. But keep in mind, he who has nothing owes nothing.
– Advertisement –
Source link
Rico
