Categories: Arbitration and Conciliation
As of January 7, 2016 the presence of a traffic officer in minor car crashes (material damages only; no people injured) will not be required, thanks to a decree of the Presidency of the Republic that wants the drivers involved in a car accident, to conciliate between them, to avoid unnecessary congestions on theroads of Costa Rica.
For the Presidency, this new disposition seeks that drivers who face a collision with only material damages come to an agreement and remove the cars from the road in order to avoid congestion, and continue their way, without having to wait for a traffic officer.
On Wednesday September 9, 2015, the “Reglamento sobre Primeras Diligencias en Accidente de Tránsito Menor” (Regulation for Initial Diligences on Minor Traffic Accidents) was published in the Diario Oficial La Gaceta, where the Government set the date for the decree to take effect, as well as all its dispositions (120 days after its publication).
What is a minor traffic accident?
- Only material damages. A minor car crashes where, at first sight, there´s no people with physical injuries (involved in the crash or pedestrians).
- Conciliation. It occurs when the drivers agree voluntarily on their responsibilities and the presence of a traffic officer is not necessary.
- Vehicles can move. In a minor accident the cars involved are in condition to be moved from the roads without using a crane.
How do the drivers register the minor crash?
According to the Regulation, each of the drivers can take photographs and videos of the scene, to have a clear idea of the final position of the cars at the time of the accident, of the related horizontal or vertical traffic signs and any other condition that has influenced the accident.
The drivers will fill, in turn, the form “Declaración de Accidente Menor (DAM)” (Declaration of Minor Accident – DAM) that will serve as an affidavit of the facts. Data entered in the DAM:
- Conditions under which the accident took place
- Characteristics of drivers, vehicles and owners
- Distribution of responsibilities among the drivers
- Signature of both drivers
Insurance companies will distribute the DAM among its clients or will place it on their respective websites for a direct download.
This is how the DAM looks like:
* DAM
What happens if one of the parties violates the agreement?
The Regulation establishes that the parties should go to an appropriate judicial entity, where the document (DAM) will be used as a piece of evidence. The conciliation among drivers is going to help relieve the roads of Costa Rica, currently saturated by a lot of vehicles and traffic accidents.
According to a report by the Ministerio de Obras Públicas y Transportes (Ministry of Public Works and Transportation – MOPT), from January to August 2015 the Traffic Police attended 55.656 traffic accidents, ie, an average of 1 car crash every seven minutes in the country.
