2023 Laws of Puerto Rico › TITLE NINE - Highways and Traffic (§§ 1-8 — 5725) › Chapter 17 - Automobile Accident Social Protection (§§ 2051 — 2065) › § 2058 - Tort and related actions

(1) The benefits provided by this chapter for injuries sustained as a result of automobile accidents which occurred in the Commonwealth of Puerto Rico shall be paid, up to the limits indicated in this section, in substitution of the sums that the victim, his survivors or any other person would otherwise be entitled to claim by reason of the accident under the principle of liability on the basis of tort, relieving the responsible party from the payment of all claims up to said limits or up to the amount of the benefits collected by the victim and his beneficiaries, whichever is greater.
(2) Any person responsible, through a negligent act on his part, for damages or injuries for which benefits are provided herein, shall be exempted from application of the principle of liability on the basis of negligence. Said exemption shall be limited to:
(a) The amount of one thousand dollars ($1,000) for physical and mental sufferings including pain, humiliation and similar damages, and of
(b) the sum of two thousand dollars ($2,000) by reason of other damages or losses not included in clause (a) of this subsection.
(3) Any person whom a court declares in a civil action responsible for having caused through negligence injuries for which the victim, his survivors or any other person are entitled to receive benefits or medical-surgical and hospital services under this chapter, shall be entitled to a reduction in the sentence to be imposed by the court up to the amount indicated in this section.
(a) In each case in which this section applies the court must separately indicate the amount of indemnity granted for damages due to pain and physical and mental sufferings and the amount of indemnity granted for other losses.
(b) The deduction applicable to damages for physical and mental sufferings shall be one thousand dollars ($1,000).
(c) The deduction applicable to damages and losses for causes other than physical and mental sufferings shall be the sum of two thousand dollars ($2,000) or the amount of the total benefits paid by the Administration, if said amount is greater than two thousand dollars ($2,000).
(d) The indemnity that a court may grant to the survivors of the victim, even when it be only by reason of moral damages sustained by them on account of the death of said victim, shall be reduced by a sum equal to the amount of the benefits that the victim and his beneficiaries have received from the Administration.
(e) If the liability for the damages caused lie upon two (2) or more persons, the deductions provided in this section shall be deducted only once. Same shall be deducted from the total judgment to be paid by all the parties. The court shall determine the amount of the deduction which shall apply to each one of said parties.
(f) The provisions of this section shall be applicable to the judgments rendered in claim actions brought in connection with accidents which have occurred on and from July 1, 1969.
History —June 26, 1968, No. 138, p. 335, § 8, renumbered as § 9 and amended on Oct. 30, 1975, No. 12, p. 782, § 7, eff. July 1, 1976.