The implementation of a Mandatory insurance of civil liability against third parties by Traffic accidents In Guatemala it has been subject to multiple attempts over the years, All with failed results.
The Traffic Law, Decree 132-96 of the Congress of the Republic, promulgated in 1996already contemplated the obligation of said insurance for all vehicles.
He Article 29which addresses the issue of insurance, establishes that “Every owner of an authorized vehicle to circulate on public roads must have, at least, with civil liability insurance against third parties and occupants, in accordance with the regulatory provisions of this law.”
It also gives the Ministry of the Interior the power to determine the type of vehicle and insurance required.
However, There was no regulation that defined the coverage level that it should be fulfilled, as the economic amount that should be guaranteed or what injuries either compensation by death I had to provide Third affected.
In recent governments, in the 2020 and 2022it was tried to implement this insurance but with an approach to the transport of passengers at the urban level -capital-, specifically for the coverage of Buses, taxis and commercial load transport.
More recently, in March 2025, it was tried to establish it in a mandatory way, covering more drivers, as it included Motorcycles and Light private vehicles. Nevertheless, The provisions were repealed.
2020
In January 2020during the last part of the president’s administration Jimmy Moralesthe Government agreement 17-2020, which established the mandatory civil liability insurance against third parties and occupants for the Urban Passenger and Cargo Collective Transportation.
However, the entry into force of this agreement was postponed and later suspended due to the Covid-19 pandemic.
This insurance contemplated compensation for death, injuries, damages, as well as coverage for passengers, third parties, private and public property, and environment. The proposed fines were Q15 thousand for breach.
2022
In June 2022during the administration of the then ruler Alejandro Giammattei, the Ministry of the Interior planned to enter into force, but first He postponed for six months.
Then the president decided to repeal the Government Agreement 17-2020.
This agreement, issued in January 2020, had been extended several times and faced opposition by carriers, who made blockages and demonstrations in rejection of their implementation.
Before the pressures, the cancellation was formalized he June 20, 2022.
2025
He March 16, 2025the Government portfolio published four government agreements (46, 47, 48 and 49) that regulated the hiring of the mandatory civil liability insurance against third parties and occupants for motorcycles, private vehicles, urban passenger transport and cargo transport, respectively.
These regulations would enter into force the May 1, 2025but four days later They were repealed.
For the first time, in these agreements the Type of coverage and the amount of financial protection for compensation in cases of injuries, death and temporary disability for the fulfillment of drivers in general.
A key point was the definition of Fines for breach Insurance: Q2 thousand for motorcycles, Q3 thousand 200 for private vehicles and Q15 thousand for urban passenger and cargo transport.
What transport is obligation to have insurance?
The Extra -urban buses They pay mandatory insurance for passenger transport, in force since 2001. This covers the pilot, assistant and passengers, but not third parties or material damage to own or third -party vehicles.
The insurance that tried to be implemented mandatory by the former president Jimmy Morales in 2020 He was focused on urban and cargo transport.
In other words, “third parties” are external persons or entities that can be affected by the actions or omissions of the insured, such as:
- Pedestrians
- Drivers from other vehicles
- Owners of damaged goods
- Affected companies or businesses
The Extra -urban buses They connect municipalities and departments through main roads, but many enter the capital by roads such as Roosevelt Calzada, Petapa Avenue or the Peripheral ring
Carriers oppose new reform
The extra -urban carriers joined the demonstrations on March 19, 2025, to demand the dismissal of the Head of the General Directorate of Transportation (DGT) and express their rejection of the changes in the regulations of that entity.
The Vice Ministry of Transportation and the DGT are working on a modification proposal to the Regulation, which in its article 38 of the Government Agreement 225-2006 and its 535-2013 reform establishes the Substitution of vehicles with more than 25 years of age.
As a result of the protest, the formation of technical tables to discuss the matter was agreed. The demonstration was not related to the mandatory insurance.
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