Car insurance claims in Colombia
Fault rules, deadlines, insurer response times, minimum coverage and the regulator for car insurance claims in Colombia, with every rule cited to its source.
Verified as of September 10, 2026
| Fault system | Hybrid |
|---|---|
| Shared-fault rule | Pure comparative negligence «La apreciación del daño está sujeta a reducción, si el que lo ha sufrido se expuso a él imprudentemente» — the award is reduced where the victim imprudently exposed themselves to the harm (Código Civil art. 2357); no threshold bars recovery. |
| Deadline to sue for vehicle damage | 3 years from the accident [1] Actions to repair damage against third parties responsible prescribe in three years from the act (Código Civil art. 2358, inc. 2); against the person punishable for the offence, within the Penal Code’s terms for the principal penalty (inc. 1). |
| Deadline to sue for injury | 3 years from the accident [1] Same three-year rule of art. 2358 for the civil action against third parties responsible. |
| Deadline to sue your own insurer | 2 years from when the damage became known [2] Ordinary prescription of insurance-contract actions: two years from when the interested party knew or should have known the fact giving rise to the action; extraordinary prescription five years from when the right arose, against everyone (Código de Comercio art. 1081). |
| Insurer response deadlines — Pay | 1 months from the claim [3] The insurer must pay within the month following the date the insured or beneficiary proves their right, even out of court (Código de Comercio art. 1080, as amended by Ley 510 de 1999); afterwards default interest runs at the current bank rate increased by half. |
| Minimum liability coverage | Compulsory scheme: SOAT — Seguro Obligatorio de Accidentes de Tránsito (Ley 769 de 2002 art. 42; EOSF arts. 192–193) [4] The SOAT covers bodily harm to people regardless of fault — medical, surgical, pharmaceutical and hospital expenses; permanent disability up to 180 daily minimum wages; death and funeral expenses of 750 daily minimum wages; transport of victims 10 daily minimum wages (EOSF art. 193.1). It does not cover damage to vehicles or property; liability for that is not compulsorily insured. |
| Diminished value recoverable | Not yet verified |
| Uninsured / underinsured motorist cover | Not yet verified |
| Regulator | Superintendencia Financiera de Colombia |
- Código Civil (Ley 57 de 1887), arts. 2341, 2356, 2357, 2358, arts. 2356–2358 (pr073); art. 2341 (pr072) — verified as of 2026-09-11
- Código de Comercio (Decreto 410 de 1971), art. 1081 — Prescripción de acciones, art. 1081 — verified as of 2026-09-11
- Código de Comercio, art. 1080 — Plazo para el pago de la indemnización e intereses moratorios, art. 1080 (inciso modificado por Ley 510 de 1999 art. 111) — verified as of 2026-09-11
- Estatuto Orgánico del Sistema Financiero (Decreto 663 de 1993), arts. 192–193 — Seguro obligatorio de accidentes de tránsito, art. 192.1, 192.2; art. 193.1 (modificado por Decreto 19 de 2012 art. 112) — verified as of 2026-09-11
- Ley 769 de 2002 (Código Nacional de Tránsito), art. 42 — Seguros obligatorios, art. 42 — verified as of 2026-09-11
Colombia layers a no-fault injury scheme over an at-fault liability system. Every motor vehicle must carry the SOAT, a compulsory policy that pays for bodily harm to people hurt in a traffic accident without asking who caused it: medical, surgical, pharmaceutical and hospital care, permanent disability up to 180 daily legal minimum wages, death and funeral expenses of 750 daily minimum wages, and transport of victims (Ley 769 de 2002 art. 42; Estatuto Orgánico del Sistema Financiero arts. 192–193). It pays nothing for damage to vehicles or other property.
Everything beyond the SOAT is a question of fault under the Civil Code: whoever causes harm to another by an offence or by their own negligence must repair it (arts. 2341, 2356), and the award is reduced where the victim imprudently exposed themselves to the harm (art. 2357). There is no compulsory liability cover for property damage, so recovering the cost of a damaged car from the driver at fault depends on that driver’s own means or voluntary insurance.
The clocks are two. The civil action against a third party responsible for the damage prescribes three years from the act (art. 2358); an action against the person punishable for the offence follows the Penal Code’s limitation for the principal penalty. Actions arising from an insurance contract prescribe in two years from when the claimant knew or should have known the fact giving rise to them, and in any case in five years from when the right arose (Código de Comercio art. 1081); the parties cannot alter these terms.
Once the insured or beneficiary proves their right, even out of court, the insurer must pay within the following month or owe default interest at the current bank rate increased by half (art. 1080). Insurers are supervised by the Superintendencia Financiera de Colombia. Rules on uninsured drivers and diminished value have not yet been verified against a primary text and are not stated here.
Frequently asked questions
How long do I have to sue for injuries after a car accident in Colombia?
3 years from the accident (Código Civil (Ley 57 de 1887), arts. 2341, 2356, 2357, 2358 — Same three-year rule of art. 2358 for the civil action against third parties responsible.).
Is Colombia an at-fault or no-fault jurisdiction?
Hybrid. Shared-fault rule: Pure comparative negligence.
Who do I complain to about an insurer in Colombia?
Superintendencia Financiera de Colombia (https://www.superfinanciera.gov.co/).
This guide explains how car insurance claims generally work. It is not legal advice, does not create a lawyer–client relationship, and is not a statement of any insurer's or regulator's position. Rules change and differ by jurisdiction; check the cited instrument and, where money or injury is at stake, consult a licensed professional in your jurisdiction.