In 2023, a collision between a motorcycle taxi and a car caused the death of twins in gestation. Thus, Indecopi considered that those conceived are subjects of law and that the mother must be compensated.
The National Institute for Defense of Competition and the Protection of Intellectual Property (INDECOPI) imposed a fine of more than S/27,000 to the Association of Users of the Regional Fund against Traffic Accidents (AFOCAT) for denying the payment of a compensation to a mother who lost her twins in gestation after a traffic accident in Chiclayo.
On April 20, 2023, an accident occurred when a motorcycle taxi in which a pregnant woman approximately 14 weeks collided violently with a car. Following the strong impact, the mother suffered various injuries and after being treated by doctors, the devastating news was confirmed that her babies in gestation had died as a result of the accident.
Why Indecopi ordered Afocat to pay compensation?
Although the Mototaxi had a current traffic accident certificate (CAT), the Association of Traffic Accident Compensation Funds He refused to pay the corresponding compensation for death. The entity argued that those conceived are not considered subjects of law, which prevents them from being beneficiaries of established coverage.
The Specialized Room in Consumer Protection (SPC) of INDECOPI established that those conceived are considered subjects of privileged law, which implies that their right to life does not depend on being born. In this context, death coverage must be activated, either by insurance by Traffic accidentsuch as the SOAT or the CAT, as it is presented in this case.
How much are the sanctions imposed by Indecopi?
The Chamber demanded a fine of 5.16 Tax Tax Units (UIT), equivalent to S/27,606, to Afocat. This sanction was issued in the second and last administrative instance due to the negative of the association to compensate the victim and their two children not conceived after a traffic accident in Lambayeque.
In addition, it was arranged that the Association of Traffic Accident Compensation Funds pay the mother a compensation For the death of its twins, set in 8 UIT, which is equivalent to S/42,800. This decision seeks to repair the damage caused to the affected family, according to the Resolution 0193-2025/SPC.
Follow the Republic at WhatsApp! Join our channel from your cell phone and receive the most important news from Peru and the world in real time.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
