What to do after a car crash in Peru: police, alcohol test, SOAT and who pays for the damage

First: stay put and call the police

After a crash, many people want to settle it quickly and drive on. Peru’s traffic regulation (Reglamento Nacional de Tránsito) does not allow that when there is damage. Article 274 says:

“En los accidentes de tránsito en que se produzcan daños personales y/o materiales, el o los participantes están obligados a solicitar de inmediato la intervención de la Autoridad Policial e informar sobre lo ocurrido. Se presume la culpabilidad del o de los que no lo hagan y abandonen el lugar del accidente.”

(In accidents causing injury and/or property damage, those involved must immediately ask for police intervention and report what happened. Anyone who does not, and leaves the scene, is presumed at fault.)

The rule covers injury or property damage, so a fender-bender counts too. And leaving has a real cost: you are presumed to be the one at fault.

What the driver must do

Article 275 lists the duties of a driver involved in a crash:

1. Stop at once, without blocking traffic or creating a new hazard, and stay until the police officer arrives.
2. Give your details and show the documents the officer asks for.
3. If anyone is hurt, help them until medical help arrives.
4. Mark the scene with warnings.
5. Avoid changing or removing anything useful to the police investigation.
6. Report the crash immediately at the local police station (comisaría) and take the alcohol test (dosaje etílico).
7. Appear and give a statement when summoned.

If the driver is physically unable because of the crash, the same article passes these duties to any occupant or anyone else who knows about it.

Moving the car: a balance

Article 275 asks you not to disturb the scene. Article 278 says damaged vehicles “no deben permanecer en la vía pública entorpeciendo el tránsito” (must not stay on the road obstructing traffic), and if the driver does not move them, the authority will, at the owner’s expense. In practice: before moving anything, photograph the position of the cars, the plates, marks on the road and the damage.

Licence and vehicle held

If someone was injured, the police have extra powers. Article 277 says:

“De verificarse la existencia de daños personales a terceros, se procederá al internamiento del vehículo conforme al presente Reglamento, que no excede de cuarentaiocho (48) horas, salvo disposición de la fiscalía o del órgano jurisdiccional.”

(If injury to third parties is confirmed, the vehicle is impounded for no more than 48 hours, unless the prosecutor or a court orders otherwise.)

Point 277.2 adds that the police “retendrá la licencia de conducir” (will hold the driver’s licence) when a third party is injured.

Who is at fault: the presumptions

The regulation sets starting points before any court case. Article 272 presumes at fault the driver who broke traffic rules. Article 273 presumes at fault the driver without right of way or who committed an infraction linked to the crash, without excluding the liability of another driver who could have avoided it and did not. These are presumptions: they can be challenged, but they carry weight.

SOAT covers people, not the car

Article 286 says SOAT must cover “la tripulación y pasajeros ocupantes y terceros no ocupantes de un vehículo automotor, que sufran lesiones o muerte” (crew, passengers and non-occupants who are injured or killed in a traffic accident). The article does not mention damage to the vehicle. SOAT will not pay for your repair.

How much SOAT pays and how to claim it is covered in SOAT: mandatory car insurance in Peru.

Who pays to fix the car

Two rules apply. Ley 27181, article 29:

“La responsabilidad civil derivada de los accidentes de tránsito causados por vehículos automotores es objetiva, de conformidad con lo establecido en el Código Civil. El conductor, el propietario del vehículo y, de ser el caso, el prestador del servicio de transporte terrestre son solidariamente responsables por los daños y perjuicios causados.”

(Civil liability for traffic accidents caused by motor vehicles is strict. The driver, the vehicle’s owner and, where relevant, the transport provider are jointly liable for the damage caused.)

And the Civil Code, article 1970, on liability for risk: whoever causes harm “mediante un bien riesgoso o peligroso” (by means of a risky or dangerous thing) must make it good.

What this means for you:

• You do not have to prove the other driver drove badly for them to be liable: liability is strict. You do have to show their vehicle caused the damage.
• You can claim from the car’s owner, not only the driver. If it was a taxi or a company bus, from the company too. They are jointly liable.
• The liable party has defences. Article 1972 excuses them if the harm came from an unforeseeable event, force majeure, a decisive act of a third party, or the recklessness of the person harmed. If your recklessness only contributed, article 1973 tells the judge to reduce the compensation.

If you have car insurance, you can claim from your own insurer. How that claim and its deadlines work is in Vehicle insurance vs. SOAT.

The repair shop also reports to the police

Article 281 requires a garage that receives a vehicle showing signs of an accident to notify the police station “dentro de las veinticuatro horas de haber recibido el vehículo” (within twenty-four hours of receiving it). Having already filed your report saves trouble when you take the car in.

Two years to sue

If you cannot reach an agreement, a lawsuit has a deadline. Article 2001, point 4, of the Civil Code sets two years for “la acción indemnizatoria por responsabilidad extracontractual” (a damages claim outside a contract). A claim against your own insurer follows your policy and the insurance contract law.

What this page does not cover

We did not verify the fines in the infractions table for leaving the scene, failing to help or refusing the alcohol test, or the criminal consequences when someone is injured or killed. Nor did we cover how the police regulate the accident report (informe or atestado), the sketch (croquis) or the technical inspection. The regulation text we read includes changes up to about 2017-2018; if you find a later rule on these articles, that one prevails.