The obligation for drivers to have civil liability insurance against third parties proved to be an ephemeral hope. This is considered by the National Unity by the victims of transit, because, with the repeal of the agreement that gave to the measure, again the Guatemalans are unprotected before abuses and all kinds of road mishaps in which they can lose their lives.
César Bol, spokesman for the organization, points out that reverting the implementation of insurance responds to the whim of small sectors that do not represent the feeling of the entire population. He regrets that the decision is a dilatory measure and that the issue is diluted over the months.
How is the repeal of the obligation of vehicle insurance by the Executive?
The news was bitter. There was no reason to repeal a regulation that protected more than 15 million Guatemalans who have no vehicle. Those who opposed did not present any scientific or legal argument to justify their elimination; It was simply a whim to ask to be removed.
Valid reasons were never presented. At the time, it was argued that it would affect the basic basket, but recent studies indicate that the cost of insurance ranges between three and 10 cents per day, demonstrating that its impact is minimal.
They say that they will form technical tables and that the measure will be postponed for one year, but how many victims will join at that time without receiving financial support? Meanwhile, small groups of carriers have a free way to continue causing deaths and mutilations on roads without assuming their responsibility. It is unfortunate.
In addition, article 29 of the 1996 Traffic Law establishes this obligation. The Constitutional Court has ordered the President of the Republic to comply with said article, since its purpose is to benefit all Guatemalans.
How long did it go until the mandatory civil liability insurance against third parties was implemented?
The theme began to be addressed in 2019, promoted by the Association of Traffic Victims of Nahualá, after an accident in which 18 people died and 25 more suffered mutilations. Subsequently, associations of victims nationwide joined the initiative, which allowed to propose a regulation and support it with article 29 of the Transit Law.
It is not a project of this government, but a real need derived from the thousands of deaths and disabilities caused by traffic accidents in Guatemala. It was not a whim or an arbitrary decision.
Who participated in those discussions?
Around 500 organizations, between associations, entrepreneurs, taxi owners, small carriers, women’s and cooperative sectors, joined the discussions motivated by reality in their departments and by traffic victims.
Subsequently, several socialization exercises were carried out at the departmental level. Technical tables were also made with an open call for those who had observations, provided that they had legal foundations.
A small group of carriers has a free way to continue causing deaths and mutilations on roads without assuming their responsibility.
Was the implementation of vehicle insurance an improvised measure?
Of course not. This government was presented with the socialization of the regulation, and the issue was reactivated after the bus that occurred last month on La Paz road, where 54 people died. From there, an applicable regulation for all was resumed. It did not arise from nothing, but was agreed and socialized nationwide.
Why was there so much opposition to the implementation of vehicle insurance?
There are interests that keep Guatemala in current conditions. Some sectors took the issue for their own benefit, with the aim of destabilizing the government. There was manipulation and misinformation. I dare to directly point out that many of the bikers who blocked roads do not even have a license, and a large part of their motorcycles lacks documents or their origin is unknown.
Why is it important for vehicles to have third parties insurance?
More than 50% of accidents involve motorcycles, and more than 60% of the hospital budget allocates the attention of traffic victims. The daily cost of serving one of these victims is Q8 thousand, and the minimum hospitalization time is 15 days, exceeding Q100 thousand per patient. Therefore, it is an issue that must be approached urgently.
On the other hand, more than 15 million Guatemalans have no vehicle and depend on collective transport. About 5 million vehicles circulate in the country, not all with individual owners, as some units belong to corporations. This is an irrefutable statistic. There is no valid argument to repeal the insurance regulations.
What will happen now that President Bernardo Arévalo has proposed technical tables?
Talking about technical tables is a dilatory measure, without meaning or clear objective, which only seeks to attend a small representation of the transport sector nationwide. It is a strategy for the issue to go out over time, allowing accidents to continue without those responsible to assume their obligations.
Who opposes compulsory insurance?
The opinion is divided. A large part of the owners of private vehicles and companies consider that the regulation and mandatory insurance are necessary. It cannot be generalized, because there are responsible Guatemalans that support the measure. However, a small group tries to negatively influence the entire population.
Do you think that vehicle insurance will be forgotten and will not be implemented?
Of course, that is the objective of some sectors. It is only enough to ask how many victims, over the course of a year, they will lose the opportunity to receive financial support due to the whim of a minority group that has taken to the streets backed by political interests.
It is an arbitrary decision that, ultimately, sacrifices victims throughout the country. It is inhuman.
What will happen now?
We will evaluate whether we continue with this topic or if we develop a strategic plan. We must define it clearly, because it would not be fair to leave traffic victims in the country. It must be remembered that anyone can become a victim of transit, and there must be a counterweight in front of these supposed transporters who seek to perpetuate the increase of victims and the increase in poverty, because when an accident occurs, the victim does not receive any compensation.
Will they participate in the technical tables proposed by the Government to discuss the regulations and insurance?
We still do not know, since we talk about a technical table without planning, without strategy, without an operational plan or a clear methodology. It only seems an attempt to calm the situation, and that is not acceptable.
These carriers demanded the repeal of insurance in 2020. At that time, small dialogue tables were installed in which they took their pilots and assistants, but they only went to scream and destabilize the discussions. There is an antecedent that demonstrates that they do not have the will or social conscience to reach agreements. They did it with the previous government and will surely repeat it with the current one.
There is an antecedent that demonstrates that they do not have the will or social conscience to reach agreements. They did it with the previous government and will surely repeat it with the current one.
What should be the position of the current government in the face of this problem?
It must focus on a human, social and legal approach, which benefits all Guatemalans. Why legal? Because the mandatory insurance is established in the Traffic Law and has been ratified by the Constitutional Court to guarantee the protection of more than 18 million citizens.
There is no valid reason to oppose. The president had to ensure the interest of the entire population and not give in to the whim of a few. While there was a strong pressure to repeal insurance, who promoted this measure lacked legal arguments and scientific foundations. His position responded only to particular interests.