With the entry into force of Law 2251 of 2022, simple or can crashes, in which there are no injuries or deaths, the owners of the vehicles involved must solve the problem, collect the evidence related to the collision, (photos and videos), and assume the cost of damages on their own account or their respective insured.
In case of not reaching an amicable agreement between the parties, they have the path of conciliation. This is an alternative dispute resolution mechanism through which two or more people, natural or legal, private or public, national or foreign, reach an agreement to settle their differences, with the help of a neutral third party.
In Colombia you can go to conciliation centers such as the offices of the Ombudsman, legal offices of universities, headquarters of the National Center for Conciliation and Arbitration of Transport, Fenalco, Chamber of Commerce or Los Cades, in Bogotá.
Whenever possible, and specifically in traffic accidents, it is better to resort to conciliation as this avoids costly fines or an administrative penalty that can be more expensive such as vehicle retention or license suspension.
The conciliation is requested in one of the centers mentioned above, once it is accepted, the parties are summoned to a hearing. In conciliation, three possible results can be obtained that are recorded in a record: 1. The conciliation is recorded, which may be the payment of some amount and which may be required in case of non-compliance. 2. Absence of one of the parties. 3. There is no conciliation, in this case the parties must go to ordinary justice according to their claims.
In conciliation, a proxy is not needed. The conciliator does not propose formulas nor is he going to agree with any of the parties, he is only a mediator, it is those involved who must reach an agreement or joint solution, decide if they agree or not.
If conciliation fails, either party can resort to the other mechanisms for access to justice. For this purpose, the issuance of the traffic accident report will not be necessary, nor the presence of the traffic authority at the respective conciliation hearing.
