PROCEDURE IN CASE OF HIT AND RUN

Article 214. When the it is impossible to write a police report “parte policivo” in the place of the accident because one of the parts fled the scene of the accident, the affected part can place a formal complaint because of hit and run of another vehicle or of a person or for any damage to private/public property. This complaint will be done in the police station which is in charge of the area where the accident happened.

This complaint must be done in a period of no more than forty eight (48) hours after the occurrence of the event. After this time period is done, the complaint shall be remitted to the Transit Judge on duty in a term which does not exceed eight (8) calendar days after the event occurred.

Source: No 25701 Gaceta Oficial Digital, Friday 29 of December 2006 80

Article 215. Once the complaint is formalized, the National Police will conduct the investigation.

The National Police will coordinate with the Traffic Court (who allowed the complaint) in the process of gathering all the information necessary to clear up what happened, especially the following:

~ The signature of the citation ticket to all the parties involved in the complaint established in the previous article.

~ Question government workers of other jurisdiction to locate the presumed suspects.

~ Sworn declaration of the involved parties, witnesses, and other people who might be useful in the investigation.

~ In case of injuries a letter will be made to send the injured person to el “Instituto de Medicina Legal”.

~ Any else which might be needed for the investigation and which needs the support of the Traffic Judge.

Article 217. Once the denounced person is found, the National Police will proceed to reconstruct the accident and elaborate the report, which will be sent to the Traffic Court in charge of the investigation.

In this stage of investigation, it is the Traffic Courts obligation to admit writings and power signatures which are requested by any of the affected parties.

Note: with your policy you can sign over the power to the Insurance Company’s attorney and not have to go to court.

Article 218. The corresponding Traffic Court after conducting the investigation and produced a report or “parte policivo”, will then proceed to do the corresponding hearing.

Article 220. Under no circumstances will the court entertain complaints placed in which “friendly agreements” are proven to have been made between the parts involved in the traffic accident and by a common agreement both decided not to wait for the traffic inspector.

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