Civil and Commercial Litigation
At Cobian Roig Law Offices, we offer expert representation in civil and commercial litigation cases in Puerto Rico, providing strategic solutions for individuals and businesses. Our extensive experience spans from contractual disputes to commercial conflicts.
Civil Litigation Areas
Civil litigation encompasses any legal dispute that arises between individuals or entities where there is no direct criminal involvement.
At Cobian Roig Law Offices, we handle a variety of cases in this area, including:
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Contract Claims
If you have a dispute related to a breached contract, we review and analyze the agreement to defend your interests in court.
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Property Disputes
Includes litigation over possession, sale, or inheritance involving real estate.
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Damages for Breach of Contract
We represent clients in cases where they seek compensation for contract breaches.
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Civil Liability Litigation
Cases involving the liability of individuals or businesses for accidents or damages.
Contract Claims
If you have a dispute related to a breached contract, we review and analyze the agreement to defend your interests in court.
Property Disputes
Includes litigation over possession, sale, or inheritance involving real estate.
Damages for Breach of Contract
We represent clients in cases where they seek compensation for contract breaches.
Civil Liability Litigation
Cases involving the liability of individuals or businesses for accidents or damages.
Commercial Litigation Areas
In the commercial field, businesses face disputes that can severely impact their operations if not properly managed.
Our firm advises businesses on a wide range of commercial issues, such as:
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Partnership Disputes
When business relationships deteriorate, we handle litigation related to partnership agreements, dissolutions, or breaches of responsibilities.
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Contractual Conflicts Between Businesses
We represent businesses in disputes over contract compliance, services, and products.
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Unfair Competition
We help businesses protect themselves against unfair business practices.
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Intellectual property litigation
We advise on the protection and defense of intellectual property rights, including patents, trademarks, and copyrights.
Partnership Disputes
When business relationships deteriorate, we handle litigation related to partnership agreements, dissolutions, or breaches of responsibilities.
Contractual Conflicts Between Businesses
We represent businesses in disputes over contract compliance, services, and products.
Unfair Competition
We help businesses protect themselves against unfair business practices.
Intellectual property litigation
We advise on the protection and defense of intellectual property rights, including patents, trademarks, and copyrights.
Insurance contracts and coverage
Insurance Contract Litigation
At Cobian Roig Law Offices, we have extensive experience in insurance contract litigation in Puerto Rico. We represent both policyholders and insurers in complex disputes involving coverage, contractual breaches, and claims for public liability and property damages. Our team of attorneys focuses on resolving each case efficiently and favorably for our clients, whether through negotiation, mediation, or when necessary, litigation in state courts and the Federal Court.
Insurance Coverage Disputes
At Cobian Roig Law Offices, we specialize in representing both policyholders and insurers in coverage disputes, defending their rights fairly. We conduct a detailed analysis of policy terms and conditions to ensure a fair and appropriate interpretation of the contract. Whether protecting the insured's interests against an unjustified denial of coverage or defending the insurer against improper claims, our commitment is to ensure our clients receive fair treatment and the benefits they are entitled to under the policy.
Breach of Contract
Breach of an insurance contract occurs when one party fails to fulfill the obligations established in the policy. This can manifest as the insured failing to pay premiums or the insurer refusing to process a legitimate claim. Our team has extensive experience in breach of contract litigation, ensuring that our clients receive fair treatment and that the agreed-upon terms of the contract are respected.
Damage Claims
Damage claims in insurance contracts often lead to disputes, whether over the amount to be compensated or the type of damages covered by the policy. At Cobian Roig Law Offices, we are equipped to represent our clients in seeking fair compensation for damages suffered, whether in cases of property damage, personal injury, or commercial losses. We defend both policyholders facing a denial of coverage and insurers requiring a strong defense against exaggerated or fraudulent claims.
Our Approach
Our approach to insurance litigation is based on a thorough analysis of contracts, along with our expertise in the laws governing insurance policies in Puerto Rico. We are committed to defending our clients' interests, whether in disputes involving health, property, liability, or other types of coverage. Our attorneys work to provide efficient and prompt solutions tailored to the needs of each case.
Insurance Coverage Disputes
At Cobian Roig Law Offices, we specialize in representing both policyholders and insurers in coverage disputes, defending their rights fairly. We conduct a detailed analysis of policy terms and conditions to ensure a fair and appropriate interpretation of the contract. Whether protecting the insured's interests against an unjustified denial of coverage or defending the insurer against improper claims, our commitment is to ensure our clients receive fair treatment and the benefits they are entitled to under the policy.
Breach of Contract
Breach of an insurance contract occurs when one party fails to fulfill the obligations established in the policy. This can manifest as the insured failing to pay premiums or the insurer refusing to process a legitimate claim. Our team has extensive experience in breach of contract litigation, ensuring that our clients receive fair treatment and that the agreed-upon terms of the contract are respected.
Damage Claims
Damage claims in insurance contracts often lead to disputes, whether over the amount to be compensated or the type of damages covered by the policy. At Cobian Roig Law Offices, we are equipped to represent our clients in seeking fair compensation for damages suffered, whether in cases of property damage, personal injury, or commercial losses. We defend both policyholders facing a denial of coverage and insurers requiring a strong defense against exaggerated or fraudulent claims.
Our Approach
Our approach to insurance litigation is based on a thorough analysis of contracts, along with our expertise in the laws governing insurance policies in Puerto Rico. We are committed to defending our clients' interests, whether in disputes involving health, property, liability, or other types of coverage. Our attorneys work to provide efficient and prompt solutions tailored to the needs of each case.
Medical Malpractice
Medical Malpractice Lawyers in Puerto Rico
At Cobian Roig Law Offices, we have extensive experience representing medical malpractice cases in Puerto Rico, both in Federal Court and in the Court of First Instance..
General Principles of Hospital Medical Malpractice in Puerto Rico
Civil Liability of a Doctor for Medical Malpractice in Puerto Rico
Medical malpractice cases almost always aim to repair harm suffered to the body or general health of an individual as a result of a doctor's negligent actions and omissions..
A doctor's negligence in medical malpractice has four possible scenarios.:
- (1) negligence in diagnosis;
- (2) negligence in treatment;
- (3) negligence for failing to refer to a specialist; and
- (4) negligence for failing to obtain informed consent from the patient before the intervention.
Applicable Standard for Doctors in Medical Malpractice Cases in Puerto Rico
In cases of medical malpractice, the minimum standard of medical care requires that the physician provide to his patients that medical care which, in the light of modern means of communication and education and in accordance with the state of knowledge of the prevailing science and practice of medicine, satisfies the requirements generally recognized by the medical profession itself.
As a general rule, what does or does not constitute proper professional practice in a medical malpractice case must be established by expert testimony. Once it has been demonstrated what the applicable minimum standards of medical knowledge and care are, the plaintiff is required to prove that the physician failed to meet those standards in the treatment of the patient and that this was the cause of the injury suffered.
Physicians are covered by a presumption that the physician exercised a reasonable degree of care and that the treatment was appropriate. Therefore, the fact that a patient suffered harm or that treatment was unsuccessful does not create a presumption of negligence on the part of the physician.
The Defense of Reasonable Error by a Doctor in Medical Malpractice Cases in Puerto Rico
The rule in cases of medical malpractice is that every physician has broad discretion to make professional judgments regarding medical diagnosis and treatment. As a consequence, in our system there are circumstances in which a physician is exempted from civil liability even when he/she makes a mistake in the diagnosis or treatment of a patient.
Error of judgment in a physician's diagnosis is a defense to allegations of medical malpractice when there is a reasonable doubt as to the patient's condition or disease, and one of the following two conditions are present: (1) recognized medical authorities are divided as to which diagnostic procedure should be followed, or (2) the diagnosis is made after a conscientious effort by the physician to learn of the patient's symptoms and condition.
El error de juicio en el tratamiento de un médico es una defensa contra alegaciones de impericia médica cuando, ante las circunstancias particulares del caso ante sí, existe un desacuerdo latente entre las autoridades médicas sobre el tratamiento recomendable.
Medical Records in Medical Malpractice Cases in Puerto Rico
Doctors have the obligation to adequately fill out the medical records, so that when examining their medical actions, they can better understand the patient's situation through diagnosis and treatment.
Therefore, the medical record is generally the most important piece of evidence that an expert witness has to evaluate whether the diagnosis and treatment provided to the patient was adequate.
Omissions in the medical record do not necessarily constitute negligence per se. However, such an omission may be a factor to be considered in the credibility of the physician's treatment in a medical malpractice case.
Hospital Liability in Medical Malpractice Cases in Puerto Rico
In cases of medical malpractice, it has been recognized that hospitals are liable under the following assumptions:
- (1) for the negligent acts or omissions of its medical or paramedical personnel in the scope of their duties;
- (2) for the negligent acts or omissions of physicians who, while not employees of the hospital, were assigned by the hospital to treat the patient;
- (3) for the negligent acts or omissions of physicians who, although not its employees, are part of its “staff” and available for consultation by other physicians;
- (4) by institutional policies that hinder proper patient care;
- (5) for damages caused by not having the necessary and basic equipment available to deal with foreseeable situations or because, even having such equipment, it is in an obsolete or deficient condition;
- (6) for damages caused by licensees of exclusive franchises to provide hospital services when they commit acts of medical malpractice;
- (7) for damages caused by a privileged physician who (i) the hospital did not choose carefully, (ii) the hospital did not require him to keep current with courses to improve his professional performance, or (iii) the hospital continued to allow his privilege despite repeated acts of medical malpractice or gross negligence.
Hospital Obligation to Treat Patients Who Arrive at Their Emergency Rooms
Hospitals in Puerto Rico are required by law to treat any person who comes to their emergency room with a medical emergency. To determine whether a medical emergency exists, the hospital is required to conduct an appropriate medical evaluation. If a medical emergency exists, the hospital is obligated to provide the patient with the necessary treatment to stabilize the patient's condition, or provide for the patient to be transferred to another facility. This obligation of the hospital exists regardless of whether the person going to the emergency room has the ability to pay for the services.
Liability for Medical Malpractice of Healthcare Professionals Working for the Government of Puerto Rico
As a general rule, a physician working for the Government of Puerto Rico or its agencies will not be subject to be sued for medical malpractice because he or she enjoys immunity. However, the victim of medical malpractice by a physician working for the Government of Puerto Rico may sue the Government of Puerto Rico, which will only be liable up to $75,000 per person, or $150,000 in the aggregate if there is more than one victim or plaintiff. Therefore, even if the victim of medical malpractice has suffered damages that can be valued at a higher amount, he or she will not be able to recover an additional amount.
Frequently Asked Questions about Medical Malpractice Cases in Puerto Rico
- Negligence of the physician in the diagnosis.
- Negligence of the physician in the treatment.
- Negligence of the physician for not referring the patient to a specialist when necessary.
- Medical malpractice for failure to obtain informed consent prior to a procedure.
Damages
At Cobian Roig Law Offices, we have extensive experience in representing personal injury cases in Puerto Rico, both in Federal Court and the Court of First Instance.
General principles of personal injury cases in Puerto Rico under the 2020 Civil Code
In Puerto Rico, individuals who suffer harm due to the wrongful or negligent actions or omissions of another have the right to be compensated. These cases include damages from traffic accidents, falls, slips, and any other situation where another person engages in a negligent act or omission that causes physical, moral, or property damage. The deadline for filing the case is one (1) year from when the damage and the person responsible are known.
The following identifies and summarizes the nine (9) Articles that the Puerto Rico Civil Code dedicates to civil liability arising from fault or negligence (Articles 1536 to 1545), located in Chapter V of Book Five.Article 1536 of the Puerto Rico Civil Code 31 LPRA § 10801
Article 1537 of the Puerto Rico Civil Code 31 LPRA § 10802
Article 1538 of the Puerto Rico Civil Code 31 LPRA § 10803
Article 1539 of the Puerto Rico Civil Code 31 LPRA § 10804
Article 1540 of the Puerto Rico Civil Code 31 LPRA § 10805
Article 1541 of the Puerto Rico Civil Code 31 LPRA § 10806
Article 1542 of the Puerto Rico Civil Code 31 LPRA § 10807
Article 1543 of the Puerto Rico Civil Code 31 LPRA § 10808
Article 1544 of the Puerto Rico Civil Code 31 LPRA § 10809
Article 1545 of the Puerto Rico Civil Code 31 LPRA § 10810
Article 15 of the Puerto Rico Civil Code 31 LPRA § 5334
Article 18 of the Puerto Rico Civil Code 31 LPRA § 5337
Article 1063 of the Puerto Rico Civil Code 31 LPRA § 8984
Article 1095 of the Puerto Rico Civil Code 31 LPRA § 9054
Article 1103 of the Puerto Rico Civil Code 31 LPRA § 9062
Article 1104 of the Puerto Rico Civil Code 31 LPRA § 9063
Article 1163 of the Puerto Rico Civil Code 31 LPRA § 9315
Article 1204 of the Puerto Rico Civil Code 31 LPRA § 9495
Article 1536 of the Puerto Rico Civil Code
Liability for fault or negligence
31 LPRA § 10801
It establishes the cause of action in damages by providing that a person who through fault or negligence causes damage to another is obligated to repair it. It follows that a person filing a cause of action in damages must establish (1) a negligent act or omission of another person; (2) a tort; and (3) the causal relationship between the tort and the negligent act or omission. What is sought with the cause of action is compensation or reparation for the damage caused.
Article 1537 of the Puerto Rico Civil Code
Family immunity
31 LPRA § 10802
It establishes three (3) circumstances in which family immunity precludes a suit for damages even if all the requirements of Article 1536 are met. The provision reflects the public policy of protecting the family unit. The three (3) circumstances in which family immunity is established are as follows:
- Cases of damages between parents and children while there is parental authority or custody.
- Cases of damages between grandparents and grandchildren if there is a close relationship between grandparents and grandchildren.
- Cases of damages between spouses during the term of marriage.
Cases of damages between spouses during the term of marriage.
Article 1538 of the Puerto Rico Civil Code
Form and amount of compensation
31 LPRA § 10803
It provides that, at the option of the injured party, reparation in damages shall be made in money, by specific reinstatement of the damage, or a combination of both.
In addition, it establishes for the first time punitive damages in our non-contractual system, by providing that when the act or omission constitutes a crime, is committed maliciously or with serious disregard for the life, safety and property of others, the judge may impose an additional compensation that does not exceed the amount of the damage.
Article 1539 of the Puerto Rico Civil Code
Liability of co-defendants
31 LPRA § 10804
It establishes the joint and several liability of several persons against the injured party for independent acts of fault or negligence (concurrent causes), without prejudice to the right of equalization among the co-plaintiffs. This means that the injured plaintiff may collect the full amount of the judgment from the defendants to whom liability has been determined by a court judgment and who are part of the lawsuit.
Article 1540 of the Puerto Rico Civil Code
Vicarious liability
31 LPRA § 10805
It establishes liability to the injured party for the fault or negligence of a dependent, in the following circumstances:
- The parent who has immediate custody is liable for damages caused by the negligence of his or her minor children. The parent may be exempted from liability if he or she proves that he or she exercised reasonable care.
- Guardians are liable for damages caused by the negligence of their wards. Guardians may be exempted from liability if they prove that they exercised the diligence of a reasonably prudent person.
- Teachers, directors of arts and crafts are liable for damages caused by the negligence of their pupils or apprentices while in their custody. Teachers and principals may be exempted from liability if they prove that they exercised the diligence of a reasonably prudent person.
- Public or private employers are liable for damages caused by the negligence of their employees in the service of the branches in which they are employed or on the occasion of their functions. The employer may demand the restitution of what was paid to his employee.
- Employers are liable for damages caused by an independent contractor when they entrust an unreasonably dangerous activity to the independent contractor. Employers can demand restitution of what they paid to the independent contractor.
- Motor vehicle owners are liable for damages caused by a person they have authorized to drive their vehicle. The owner of the vehicle may demand the restitution of the amount paid to the person who authorized to drive and caused the damage.
Article 1541 of the Puerto Rico Civil Code
Strict liability
31 LPRA § 10806
It establishes liability to the injured party for damage, without the need to prove fault or negligence, in the following circumstances:
- The guardian, custodian, possessor or the one who uses an animal is liable for damages caused by the animal, even if it escapes or strays, unless the damage is caused by the fault of the injured party or by force majeure.
- The owner of a building is liable for damages caused by ruin resulting from the lack of necessary repairs, unless this is due to force majeure.
- The owner is liable for damages caused by the fall of trees placed in traffic areas that threaten to fall, unless it is the result of force majeure.
- The owners or possessors of goods that constitute nuisances, as defined by law, are liable for damages caused by such condition; or for the storage of substances that threaten the safety of others, unless it results from force majeure.
- The person who controls a property or part of it, are liable for damages resulting from objects that are thrown or fall from it, unless it is the result of force majeure.
- The developer, the contractor or the architect, for damages caused to third parties by the ruin of a building, during the term of the ten-year warranty, due to construction, soil or workmanship defects, unless it is the result of force majeure.
- Health care institutions are liable for damages caused by: (i) those persons who operate exclusive health care franchises in such institutions; or (ii) persons who are entrusted by the institution to care for a patient who accesses the institution directly without a referral from a primary care physician.
This rule on health care institutions, which comes from the field of medical malpractice law, seems to be misplaced in the Civil Code, since, being placed under Article 1541 on “strict liability”, it would seem that in these cases a plaintiff does not have to prove fault or negligence. However, according to the case law prior to the enactment of the Civil Code of Puerto Rico, the liability of the aforementioned health care institutions is vicarious (different from strict liability), so it would be necessary to prove the fault or negligence of the exclusive franchisees or the person entrusted by the health care institution, in order for the institution to be liable.
Article 1542 of the Puerto Rico Civil Code
Liability for damages caused by products
31 LPRA § 10807
It establishes strict liability, i.e. there is no need to prove fault or negligence, of persons who sell in the stream of commerce a product that causes damage because it is unreasonably dangerous due to its manufacture or design.
Strict liability does not apply to persons who are not habitual traders. Therefore, the element of fault or negligence must be proved against persons who are not habitual traders when a good sold by them causes damage.
Article 1544 of the Puerto Rico Civil Code
Unreasonably dangerous product due to its design
31 LPRA § 10809
Establishes the definition of an unreasonably dangerous product by reason of its manufacture or workmanship for purposes of strict liability under Section 1542. The definition includes (i) deviating from the design; and (ii) failing to meet the safety expectations of the ordinary consumer who uses such product for the purpose for which it is intended or for a purpose that is reasonably foreseeable.
Article 1544 of the Puerto Rico Civil Code
Unreasonably dangerous product due to its design
31 LPRA § 10809
Establishes the definition of a product unreasonably dangerous by its design for purposes of the objective liability provided for in Article 1542. The definition includes:
- When its quality and safety do not meet the expectations of an ordinary consumer; or
- When the product design causes the damage and those involved in the distribution chain do not prove that the design is reasonable considering, among other things: (i) the usefulness of the product, (ii) the technological limitations to design it in a safer way at a reasonable cost, (iii) the unreasonable risk that can be foreseen at the time of design, and (iv) the instructions or warnings provided for the proper use of the product.
Article 1545 of the Puerto Rico Civil Code
Contributory negligence of the injured party
31 LPRA § 10810
It establishes the concept of comparative liability, by providing that the negligence of the injured party does not exempt the defendant from liability, but it does give him the right to reduce the compensation by the proportion of the negligence of the injured party. In other words, the person who causes damage will have the right to reduce the compensation by the percentage of liability that is awarded to the injured party. This proportional award occurs when the damage is partially caused by the negligence of the injured party.
Article 15 of the Puerto Rico Civil Code
Good faith
31 LPRA § 5334
It establishes that “[r]ights must be exercised and duties must be fulfilled in accordance with the requirements of good faith.”
Article 18 of the Puerto Rico Civil Code
Abusive or wrongful exercise of rights
31 LPRA § 5337
It establishes that the law does not protect the abuse of rights or their exercise contrary to social order. Compensation and the adoption of precautionary measures are recognized for any act or omission that manifestly exceeds the normal limits of the exercise of a right and that causes harm to a third party, whether due to the intention of its author, its object or the circumstances in which it is carried out
Article 1063 of the Puerto Rico Civil Code
Source of obligations
31 LPRA § 8984
It establishes the following sources of obligations: the law, contracts, quasi-contracts, unlawful acts, acts or omissions involving fault or negligence and any other act suitable to produce them, in accordance with the legal system.
Article 1095 of the Puerto Rico Civil Code
Effects of the interruption of prescription
31 LPRA § 9054
It establishes that in joint obligations and in solidary obligations that arise from joint accusation of damage, when the creditor claims from one of the debtors only the part that corresponds to him, the prescription is not interrupted with respect to the other joint debtors. This Article reflects the doctrine that was established in Fraguada v. Hospital Auxilio Mutuo, 186 DPR 365 (2012).
Article 1103 of the Puerto Rico Civil Code
Effects of the full performance of the joint obligation
31 LPRA § 9062
It establishes the right to equalization when one of the debtors pays the total amount owed jointly with the others. In addition, it establishes that the obligation of the other debtors is limited to the part that corresponds to each one. In the event of insolvency of a joint debtor, he is replaced by his co-debtors in proportion to the debt of each one.
Article 1104 of the Puerto Rico Civil Code
Effects of the interruption of prescription
31 LPRA § 9063
It establishes that the interruption of the prescription of actions in joint obligations benefits or harms all creditors and debtors equally, except in non-contractual obligations when there are several causes of damage, which is consistent with Article 1095 of the Civil Code. This Article also includes the doctrine that was established in Fraguada v. Hospital Auxilio Mutuo, 186 DPR 365 (2012).
Article 1163 of the Puerto Rico Civil Code
Fault
31 LPRA § 9315
“The fault or negligence of the debtor consists of the omission of that diligence that is required by the nature of the obligation and corresponds to the circumstances of the people, time and place.
When the obligation does not express the diligence that must be provided in its fulfillment, the diligence that corresponds to a prudent and reasonable person is required.
Liability arising from negligence is enforceable in the fulfillment of all types of obligations, but the courts, depending on the case, may moderate it.”
Article 1204 of the Puerto Rico Civil Code
Statutes of limitation
31 LPRA § 9495
It establishes that the cause of action to demand non-contractual liability prescribes after the passage of one (1) year, counted from when the aggrieved person knows the existence of the damage and who caused it.
Frequently Asked Questions about Damages
You can claim different types of damages, including:
- Physical damage: Fractures, internal injuries, etc.
- Moral damages: Anxiety, depression or emotional suffering.
- Property damage: Loss or damage to tangible property.
- Medical expenses: Necessary treatments, medications and therapies.
- Loss of Income: income lost due to not being able to work or losing employment as a result of the accident.
In some cases, it is also possible to claim punitive damages if the negligent or culpable conduct was particularly serious or intentional.
The injured party has the right to request compensation in money or in kind.
Accident and Fall Lawyers in Puerto Rico
You only pay if we recover compensation through a settlement or after prevailing on the merits.
If you have been injured in a slip-and-fall or trip-and-fall accident as a result of another person’s fault or negligence, Cobián Roig Law Offices has extensive experience handling premises liability (slip-and-fall) and personal injury claims in Puerto Rico, in both Federal Court and the Court of First Instance..
At Cobián Roig we offer legal services to victims of accidents, falls and slips in Puerto Rico due to the negligence of third parties. We offer a personalized service and work on a contingency fee basis: you do not pay unless we win your case or reach a settlement.
Make a free consultationFrequently asked questions about accidents and falls
You can claim different types of damages, including:
- Physical damage: Fractures, internal injuries, etc.
- Moral damages: Anxiety, depression or emotional suffering.
- Property damage: Loss or damage to tangible property.
- Medical expenses: Necessary treatments, medications and therapies.
- Loss of Income: income lost due to not being able to work or losing employment as a result of the accident.
In some cases, it is also possible to claim punitive damages if the negligent or culpable conduct was particularly serious or intentional.
The injured party has the right to request compensation in money or in kind.
Traffic Accidents
Lawyers for consultations or lawsuits for car accidents and traffic accidents in Puerto Rico
Make a free consultationYou don’t pay unless the case settles or won
If you have suffered damage in a car crash or traffic accident due to another person’s fault or negligence, at Cobian Roig Law Offices we have extensive experience in representing car and motorcycle collision cases, pedestrians, traffic accidents, and damages in Puerto Rico, both in Federal Court and in the Court of First Instance..
If you believe you have been harmed by the negligence of another person in a car, motorcycle, truck, or traffic accident, contact us today to receive the legal guidance you need, either judicially or extrajudicially..
We can also provide guidance on claiming benefits from the Automobile Accident Compensation Administration (ACAA), whose main purpose is to provide mandatory insurance and compensate victims of traffic accidents, whether for bodily injury, illness, or death resulting from the accident. This benefit is provided by the ACAA regardless of who is at fault and aims to reduce the tragic social and economic effects of traffic accidents on the family and other dependents of the injured. The ACAA provides medical-hospital services and compensation to the injured and dependents of deceased victims to prevent them from being left in complete economic distress.
The Automobile Accident Compensation Administration
In the 1960s, our society faced a serious problem due to the increase in people injured in car accidents, who were left completely unprotected economically. These victims received no services or compensation as car owners did not have insurance to cover such eventualities..
To address this social issue, a study was conducted to evaluate the possibility of implementing an automobile accident compensation plan in Puerto Rico. After the legislative process, on June 26, 1968, the project became Law No. 138, known as the Social Protection Law for Automobile Accidents. This law also established the creation of a public corporation, the Automobile Accident Compensation Administration (ACAA), to manage the insurance. This legislation, advanced for its time and based on a strong sense of justice and social solidarity, provided medical-hospital services and financial support to those injured in traffic accidents and their dependent families. After more than 50 years, a new organic law was approved through the 2020 Motor Vehicle Accident Social Protection Law.
Currently, anyone renewing their car registration pays a coverage premium as part of the annual payment.
Steps to follow to obtain ACAA coverage in the case of a traffic accident
In the case of a traffic accident, you must notify the nearest police station within the first four hours and write down the complaint number. Then, within the next 15 days, go to a regional ACAA office with the required information. If you are the driver, bring your name, address, complaint number, and your driver’s and vehicle licenses; if you are a passenger, present a photo ID. If you visited an emergency room, bring the Discharge Medical Report and the Medical Studies Performed.
Compensation offered by ACAA and its coverage
The benefits offered by ACAA to traffic accident victims or their beneficiaries depend on the premium you pay when renewing the car registration.
All ACAA coverage provides health services to any person who suffers bodily injury, illness, or death as a result of a traffic accident. As part of the coverage, ACAA provides the following services to those injured in ACAA-insured vehicles:
- Medical-hospital services
- Compensation for disability
- Compensation for death
- Compensation for dismemberment and loss of vision
- Funeral expenses compensation
- Ground or air ambulances
- Chiropractic services
- Convalescent home
- Rehabilitation
- Medical equipment
- Medications
ACAA's right of subrogation in car accidents or traffic accidents in Puerto Rico
ACAA has the right to be reimbursed by suing third parties for all expenses incurred in providing benefits to an injured person, through a subrogation action in the rights of the injured party or their beneficiaries. In other words, ACAA has the right to file a lawsuit for damages against third parties, as long as it has the obligation to compensate the injured person or their beneficiaries. ACAA has 90 days from the date its administrative decision becomes final and enforceable to subrogate the rights of the injured person or their beneficiaries.
The injured person or their beneficiaries will be a part of any subrogation lawsuit filed by ACAA, and ACAA must notify the injured person in writing of such procedure within 5 business days of filing the lawsuit.
Any amount obtained from the subrogation lawsuit, or as a result of judicial or extrajudicial settlement, in excess of the expenses incurred in the case, will be given to the injured person or their beneficiaries with rights.
If ACAA does not file a lawsuit against the third party responsible within 90 days of the administrative decision becoming final and enforceable regarding the injured person, the injured person or their beneficiaries may file a personal injury lawsuit.
Right to file lawsuits even if no claim is made to ACAA
A claimant who has decided not to approach ACAA is still free to file a personal injury lawsuit against the third party that caused the damage in a car crash or traffic accident within 1 year from the time the damage and responsible party are known. This period usually starts from the day the accident occurs, so it is extremely important to consult a lawyer as soon as possible.
The Automobile Accident Compensation Administration
In the 1960s, our society faced a serious problem due to the increase in people injured in car accidents, who were left completely unprotected economically. These victims received no services or compensation as car owners did not have insurance to cover such eventualities..
To address this social issue, a study was conducted to evaluate the possibility of implementing an automobile accident compensation plan in Puerto Rico. After the legislative process, on June 26, 1968, the project became Law No. 138, known as the Social Protection Law for Automobile Accidents. This law also established the creation of a public corporation, the Automobile Accident Compensation Administration (ACAA), to manage the insurance. This legislation, advanced for its time and based on a strong sense of justice and social solidarity, provided medical-hospital services and financial support to those injured in traffic accidents and their dependent families. After more than 50 years, a new organic law was approved through the 2020 Motor Vehicle Accident Social Protection Law.
Currently, anyone renewing their car registration pays a coverage premium as part of the annual payment.
Steps to follow to obtain ACAA coverage in the case of a traffic accident
In the case of a traffic accident, you must notify the nearest police station within the first four hours and write down the complaint number. Then, within the next 15 days, go to a regional ACAA office with the required information. If you are the driver, bring your name, address, complaint number, and your driver’s and vehicle licenses; if you are a passenger, present a photo ID. If you visited an emergency room, bring the Discharge Medical Report and the Medical Studies Performed.
Compensation offered by ACAA and its coverage
The benefits offered by ACAA to traffic accident victims or their beneficiaries depend on the premium you pay when renewing the car registration.
All ACAA coverage provides health services to any person who suffers bodily injury, illness, or death as a result of a traffic accident. As part of the coverage, ACAA provides the following services to those injured in ACAA-insured vehicles:
- Medical-hospital services
- Compensation for disability
- Compensation for death
- Compensation for dismemberment and loss of vision
- Funeral expenses compensation
- Ground or air ambulances
- Chiropractic services
- Convalescent home
- Rehabilitation
- Medical equipment
- Medications
ACAA's right of subrogation in car accidents or traffic accidents in Puerto Rico
ACAA has the right to be reimbursed by suing third parties for all expenses incurred in providing benefits to an injured person, through a subrogation action in the rights of the injured party or their beneficiaries. In other words, ACAA has the right to file a lawsuit for damages against third parties, as long as it has the obligation to compensate the injured person or their beneficiaries. ACAA has 90 days from the date its administrative decision becomes final and enforceable to subrogate the rights of the injured person or their beneficiaries.
The injured person or their beneficiaries will be a part of any subrogation lawsuit filed by ACAA, and ACAA must notify the injured person in writing of such procedure within 5 business days of filing the lawsuit.
Any amount obtained from the subrogation lawsuit, or as a result of judicial or extrajudicial settlement, in excess of the expenses incurred in the case, will be given to the injured person or their beneficiaries with rights.
If ACAA does not file a lawsuit against the third party responsible within 90 days of the administrative decision becoming final and enforceable regarding the injured person, the injured person or their beneficiaries may file a personal injury lawsuit.
Right to file lawsuits even if no claim is made to ACAA
A claimant who has decided not to approach ACAA is still free to file a personal injury lawsuit against the third party that caused the damage in a car crash or traffic accident within 1 year from the time the damage and responsible party are known. This period usually starts from the day the accident occurs, so it is extremely important to consult a lawyer as soon as possible.
Frequently asked questions about car accidents and traffic accidents in Puerto Rico
The ACAA provides various benefits to the injured, such as:
- Medical-hospital services
- Compensation for disability
- Compensation for death
- Dismemberment and loss of vision
- Funeral expenses
- Ground or air ambulance services
These services are available to anyone who suffers bodily injury or death due to a traffic accident.
The ACAA offers a variety of benefits and compensation for injured persons and the dependent family members of victims killed in traffic accidents. These benefits include:
- Medical-hospital services for immediate care and treatment of injuries.
- Disability compensation in case the accident results in temporary or permanent disability.
- Death compensation for the deceased's dependents
- Dismemberment and vision loss compensation for cases of serious injuries resulting in amputations or loss of visual functions.
- Funeral expense compensation to help family members with burial costs.
- Ground or air ambulance services in situations where emergency medical transportation is necessary.
- Chiropractic services for rehabilitation of accident-related injuries
- Convalescent home for patients who need prolonged recovery under specialized care.
- Rehabilitation to help injured people regain functional capacity.
- Medical equipment and medications required for the patient's ongoing treatment.
These benefits seek to support both the injured person and his or her family, helping them to face the economic and health difficulties that may arise after a traffic accident.