Sunday 9 May 2021

Naivety could complicate collecting damage from the guilty in car crashes

You get into a mishap while driving. It happens to even the best of drivers. It’s not your fault, it was the other driver. You have an open and shut case. Ah. but you are in Costa Rica.

The report by the traffic official (Transito) to the traffic courts can be essential to establish responsibilities in case of crashes. Naivety can result in being found responsible for the crash or no one at fault.

“I have the case won.” That is the attitude with which many drivers on the legal proceedings for road crashes.

- Advertisement -

However, this excess of confidence, ignorance of the traffic matter or even naivety of the drivers, can be very disadvantageous in court and expensive.

In Costa Rica, drivers must present evidence before Traffic Courts to prove the other driver’s guilt; Traffic officer sketches (a croquis in Spanish), photos and witnesses are essential even in cases that seem simple.

If the guilt cannot be proven, through the presentation of evidence or witnesses confirming their testimony and demonstrating the responsibility of the other driver, vehicle owners are exposed to running out of the possibility of collecting damages from the person responsible for the crash

Such an omission can cause innocent drivers to bear the total costs of repairing their vehicle. In the case of having an insurance policy, they will have to pay the deductible and risk an increase in their premiums.

- Advertisement -

For this reason, in traffic court processes, all involved must be considered guilty, and therefore present evidence of their innocence and the responsibility of the other.

This is the recommendation of Cristian Sánchez, coordinating judge of the San José Transit Court.

Sánchez told La Nacion, “Offering evidence is extremely important in this area. Install a camera, which are now more (economically) accessible. Write down the name and number of witnesses, if any. That will ultimately give us a very important probative support because if we start from the fact that we all have adequate morals, people would be responsible, but that does not happen regularly”.

A very clear case that could take a bad turn (no pun intended) in the courts for lack of proof, is that of a driver who disrespects a red light and collides the car that had the right of way. At first, the latter could be confident that the process will be resolved in his or her favor.

“That person can say ‘diay no, I was not to blame, therefore they must condemn the other.’ But it turns out that the other driver is more prepared (espabilado in Spanish), in the negative sense, then offers proof or false testimony. That may entangle the matter, the person who was not initially at fault, runs into the surprise that both parties are acquitted due to doubt,” explained Sanchez.

In such cases, the judges must refer to the traffic ticket issued and the sketch of the official, witnesses, if any.

- Advertisement -

However, if the doubt persists, the judges will end up absolving the parties or blaming both. If so, each party will end up assuming the repair costs of their vehicles.

“They come here (to court) and say ‘no, it’s that I was stopped behind the vehicle when it backed up ’, or that ‘the vehicles were on the slope and the front car came back and collided mine’, so it’s only the versions of the parties,” said Sánchez.

In the end, if the driver in the right is not prepared, it can become a case of “he said, she said” with the judge having to conclude that either version is possible.

Another misconception of many drivers is that a traffic sentence condemning the other party to pay damages does not automatically trigger the collection from the responsible party.

When the sentence is final, those involved may agree to an out-of-court settlement, otherwise, the affected party will have to go to civil courts to settle the dispute. And if the payment still does not prosper, many cases end up in the collection courts.

In the event that both vehicles involved have insurance (other than the Marchamo), the insurers settle their affairs, including getting the deductible paid and the responsible driver(s) sees their premiums go up.

However, the process becomes much more complex when the driver responsible has no insurance.

 

 

- Advertisement -

FACT CHECK:
We strive for accuracy in its reports. But if you see something that doesn’t look right, send us an email. The Q reviews and updates its content regularly to ensure it’s accuracy.

Ricohttp://www.theqmedia.com
"Rico" is the crazy mind behind the Q media websites, a series of online magazines where everything is Q! In these times of new normal, stay at home. Stay safe. Stay healthy.

Related Articles

Remember vehicle restriction begin at 9 pm today, Tuesday, April 27

QCOSTARICA - As of today, Tuesday, April 27, and until Sunday,...

Road Deaths Fall to Lowest In 7 Years Due to Sanitary Vehicle Restriction

QCOSTARICA - The year in which the Covid-19 pandemic forced Costa...

MOST READ

Chevrolet installs its first charger for electric cars at its headquarters in Ayarco

QCOSTARICA - With more than 1,600 electric cars of various brands circulating in the country and Chevrolet's new proposal for the second half of...

Today’s Covid News: Daily cases of COVID-19 continues to decline; young adults most infected

QCOSTARICA - After breaking all records last week, the number of new daily cases of Covid-19 in Costa Rica continues on the decline, according...

Today’s Covid News: 1,024 in hospital, 403 of them in an ICU

QCOSTARICA - After three days of nothing, not a word from the Ministry of Health, on the current covid-19 situation, Monday afternoon numbers were...

Colombia: Riots leave at least 19 dead and more 800 injured in five days

QCOLOMBIA – The violence registered in different cities across Colombia during the last five days of massive protests against the controversial tax reform, has...

Today’s Covid-19 News: New infections continue over 2K daily, despite drop in R rate

QCOSTARICA - The Covid-19 infection rate in Costa Rica dropped, but not enough to reduce the rate of infection. While the indicator stands at 1.32,...

Will the new wave of COVID-19 infection threaten Costa Rica tourist recovery?

QCOSTARICA - Will the current wave of covid-19 infections cost Costa Rica's recovery of its already battered tourism? Will the wave of infections and scarcity...

Government does not plan to announce expansion of restrictive measures

QCOSTARICA - The Government of Carlos Alvarado confirmed on Friday that it does not plan to announce the expansion of the restrictive measures that...

Down to to only 10 beds for ‘very critical’ covid patients

QCOSTARICA - This Monday noon, May 3, the Caja Costarricense de Seguro Social (CSS) reported there were only ten free beds to receive Covid-19...

Mexico City: Metro train bridge collapse leaves 23 dead

Q24N - An elevated section of metro track in Mexico City partially collapsed on Monday night, bringing down rubble and some train carriages onto...

WANT TO STAY UP TO DATE WITH THE LATEST!

Get our daily newsletter with the latest posts directly in your mailbox. Click on the subscribe and fill out the form. It's that simple!

Log In

Forgot password?

Forgot password?

Enter your account data and we will send you a link to reset your password.

Your password reset link appears to be invalid or expired.

Log in

Privacy Policy

Add to Collection

No Collections

Here you'll find all collections you've created before.