Traffic Accidents in Colombia: How to Properly Claim Compensation
## The layers of coverage in a traffic accident
In Colombia, when a traffic accident happens, there are several possible sources of compensation:
1. SOAT (Mandatory Traffic Accident Insurance) Covers medical expenses, permanent disability, and death for the victims of the accident (not the at-fault driver). Its limits are fixed by law: - Medical expenses: up to 800 times the minimum monthly wage (SMMLV) - Permanent disability: up to 180 SMMLV - Death: up to 600 SMMLV, plus funeral expenses up to 150 SMMLV
SOAT is paid by the insurer of the at-fault vehicle — if the vehicle had no SOAT coverage, it's paid by the National Guarantee Fund (ADRES).
2. Third-party civil liability insurance Some vehicles carry an additional civil liability policy that covers damages beyond SOAT. It's optional but common on public transport and corporate vehicles.
3. Direct civil liability of the driver/owner If the coverage isn't enough, the victim can sue the driver and/or the vehicle's owner directly for the additional damages.
Immediate steps after the accident
- Call 123 (National Police) — the police report is key evidence
- Document everything: photos of the vehicles, road signs, injuries, witnesses with name and phone number
- Get medical attention even if it doesn't hurt — many injuries show up later
- Don't sign anything involving a settlement or "direct arrangement" without legal advice first
How to file a SOAT claim
- Gather the documents: police report, medical records, medical bills
- Identify the at-fault vehicle's insurer (check at www.runt.com.co)
- File the claim with the insurer within one year of the accident (statute of limitations)
- The insurer has 30 days to decide
Compensation for permanent disability
If you're left with a permanent impairment, you're entitled to additional compensation based on: - Disability percentage under a medical-legal assessment - Loss of income (lucro cesante) - Future losses such as rehabilitation costs (daño emergente) - Moral damages and harm to quality of life
When the at-fault party has no SOAT or is unidentified
If the vehicle had no SOAT, it was a hit-and-run, or the owner is unknown, victims can file a claim with ADRES's Traffic Accident Victims Fund (FVAT).
The civil action arising from the crime
If the at-fault driver was criminally prosecuted for reckless injury or reckless homicide, you can claim compensation within that same criminal proceeding as a civil party, or you can file an independent civil lawsuit.
Were you the victim of a traffic accident, or do you have a family member who died in one? SOAT claims have deadlines that can't be missed. We can guide you through the process.
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