If at any time you find yourself involved in a traffic incident, keep these important recommendations in mind so that you can establish a compensation claim with the corresponding insurers, and you can successfully enforce your rights.
1. Do not call the transit authority
Generally, when there is a traffic accident without people being injured, it is avoided to call the traffic authorities so that there is no immobilization of the vehicles. But whenever there are injured people, there will have to be immobilization of vehicles because there must be investigations that will be made available to the Office of the Attorney General of the Nation.
A very recurring mistake in the face of a traffic accident, whether or not there are injuries, is not having the presence of the traffic authority, and it is important to have legal support that allows you to file claims with insurers.
Get more recommendations in the video on this aspect.
2. Reconcile when there are injuries
It often happens that to avoid the immobilization of vehicles, when we observe that they are superfluous injuries, seek a quick reconciliation without taking into account possible future sequelae and the true dimension of the injuries, however small they may be. Days after the accident occurred, we found ourselves with major damage and without the possibility of making a claim.
In order to properly reconcile, it is necessary to submit it to a document called withdrawal for injuries, made by the competent transit authority, where any claim is waived. Our recommendation is not to reconcile, no matter how slight the injuries may seem, in order to have the possibility in the near future of making the corresponding claim.
The best thing is to have us checked by the medical team, making use of the coverage by the SOAT, carry out the proper diagnosis through x-rays and exams to be able to rule out any trauma caused by the accident.
3. Do not collect permanent disability
After having the accident, it is important to have the compensation that SOAT covers, taking into account that medical attention is usually fast and timely, since insurers are obliged to respond for the expenses derived from a traffic accident, and there is an amount earmarked for it.
Let us recall the cases in which the compensation covered by the SOAT must be used, which are: compensation to the next of kin for the death of the victim, coverage of medical procedures, transfer from the scene of the accident to the hospital and compensation for permanent disability. .
In Colombia, 90% of traffic accident victims do not claim compensation for permanent disability.
4. Process only for criminal action
The reports of traffic accidents are made available to the Office of the Attorney General of the Nation, for the crime of personal injury in a traffic accident. The inconvenience that arises, if the case is only handled by the Prosecutor’s Office, is to fall into the delays presented due to the insufficiency of the human team to have the capacity to attend to all the complaints presented.
In the country, around 42,000 accidents occur a year, which makes it impossible to deal with all cases, presenting slowness in the investigation processes in traffic accidents, in addition to other criminal proceedings that exist.
In this case, our recommendation is to also start a civil process in which responsible third parties can be linked. These civil actions tend to be faster.
5. Not taking advice from an expert firm on the subject
Timely assistance through a firm that has the capacity and experience in traffic accidents can save you headaches.
Do not make the mistake of turning to a friendly lawyer who is generally unaware of the proper paths to a successful claim. As in any profession, there are different fields of action in which we specialize. That is why our recommendation is to seek legal advice specialized in traffic accidents.
If after watching the video you require more information in your specific case or that of a family member or friend, remember to contact us so that we can provide you with the appropriate advice.
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