Article 16 of this Law amends Article 143 of Law 769 of 2002, which establishes that in any traffic accident where only material damages are caused, affecting insured or uninsured vehicles, real estate, things, or animals, and no personal injuries occur, the drivers, insurance entities, and other parties involved in the accident must immediately remove the collided vehicles and any element that may interrupt traffic.
Consequently, the persons involved in the accident shall gather all evidence related to the collision using technical and technological tools, allowing for timely handling of the accident, in order to avoid interruptions or congestion and to maintain the safety of those traveling on road corridors.
Therefore, the evidentiary material collected shall replace the traffic accident report issued by the competent authority, and the conciliation process may continue at centers authorized by the Ministry of Justice and Law.
In the event that it is materially impossible to remove the vehicles due to their technical-mechanical conditions, or if the accident results in the spillage of substances or elements that must be removed by trained personnel, the presence of the traffic authority will be necessary, and no traffic ticket shall be imposed.
Now, what happens if one of those involved refuses to remove the vehicle?
In such cases, the Transit Police will make the transfer of the vehicle, and thereafter a citation for obstruction, blocking of roadway, or intersection will be issued.
It is important to highlight that a similar rule had already been in effect since November 26, 2021, when Law 2161 of 2021 was issued; however, at that time it only applied to accidents where the vehicles involved had a property damage insurance policy.
This rule indicated that insurance companies had to modify their policies so as not to require policyholders to provide the corresponding traffic report. In this sense, with the issuance of this rule, it is ratified that the presence of the competent authority will not be mandatory to reach a conciliatory agreement for material damages caused to the vehicles involved.
Daniela Ballen J. – AZC CONSULTING ATTORNEY