Car Accident in Costa Rica as a Tourist: Can You Be Barred From Leaving the Country?
A car accident in Costa Rica can leave a foreign driver with more than a damaged rental — Costa Rican courts have the authority to place a departure hold on any driver involved in a crash that causes injuries, regardless of who was at fault or whether the driver carried insurance. That single fact, confirmed in the U.S. Department of State’s own travel guidance, is the one most rental-car tourists never hear before they get behind the wheel.
- A traffic accident with injuries can trigger a court order requiring the driver to name a legal representative before leaving Costa Rica — a civil measure called arraigo — which in practice functions as a departure hold if it isn’t satisfied.
- The requirement applies whether or not the driver was at fault, and courts often keep it in place until the injured party’s recovery and costs are fully known.
- Costa Rica’s mandatory auto insurance (SOA) only covers bodily injury, not vehicle or property damage.
- Driving under the influence carries its own separate penalties, on top of any accident liability.
- This exit hold is a civil measure tied to unresolved injury claims — it is legally distinct from the criminal travel ban discussed in our Travel Ban in Costa Rica guide.
On this page:
- The risk most rental-car tourists don’t know about
- Why a car accident in Costa Rica can put an innocent driver at risk
- What your rental insurance actually covers
- Drinking and driving makes it worse
- What to do in the first hour after a car accident in Costa Rica
- If you were the one injured, not the driver
- U.S. Embassy and FCDO guidance
- Frequently asked questions
1. The Risk Most Rental-Car Tourists Don’t Know About
Rental car brochures talk about insurance add-ons and fuel policies. What they rarely mention is what happens after a crash involving injuries. Costa Rica’s civil procedure includes a measure called arraigo: when a judge orders it, the person being sued must name a legal representative in the country before leaving, so the case can continue in their absence. If that requirement isn’t met, it functions in practice as a hold on departure — which is the reality the U.S. Overseas Security Advisory Council’s Costa Rica travel and road-safety guidance, published in coordination with the U.S. Embassy in San José, describes for drivers involved in accidents. It applies whether or not the driver caused the crash or had insurance, and courts often keep the measure in place until the injured party’s recovery and the final costs are fully known — which is why cases have stretched on for months.
2. Why a Car Accident in Costa Rica Can Put Even an Innocent Driver at Risk
The legal basis is Article 19.3 of the Código Procesal Civil (Law No. 9342), in force since October 2018. It lets a judge order arraigo against a defendant in a civil claim — including an injury claim arising from a traffic accident — requiring that person to name a legitimate, sufficiently informed representative in Costa Rica before leaving the country, so the process isn’t delayed or defeated by their absence. It is a civil measure, not a criminal charge, and it does not mean the driver did anything wrong. Judges reach for it because a tourist with no local assets, no fixed address and an outbound flight is, on paper, a real risk to the injured party’s chance of collecting compensation once the case is filed.
In practice, this is separate from the non-custodial travel ban used in criminal investigations under Article 244 of the Criminal Procedure Code, which we cover in detail in Travel Ban in Costa Rica: What to Do If You’re Under Investigation. A car accident does not need a criminal case to produce a departure restriction — arraigo in the civil injury claim is enough on its own.
3. What Your Rental Insurance Actually Covers
Every vehicle registered in Costa Rica must carry the mandatory Seguro Obligatorio de Automóviles (SOA). It is easy to assume this covers a crash end to end. It doesn’t: SOA responds only to bodily injury caused to third parties — not to vehicle damage, not to the rental car itself, and not to a driver’s own medical bills. Property damage and the driver’s own losses depend on whatever additional collision coverage was purchased, either from the rental company or a personal travel policy. When that extra coverage is missing or is waived to save money, disputes over who pays for the injured party’s recovery are far more likely to end up in court — which is exactly the scenario that produces a departure hold.
- Confirm what your rental agreement includes before you drive off the lot, not after a crash.
- A credit card’s “rental car coverage” benefit typically addresses vehicle damage, not third-party injury claims.
- Keep a copy of your policy and the rental agreement with you, not just in your email inbox.
4. Drinking and Driving Makes It Worse
An accident involving alcohol changes everything about the case. Costa Rica enforces its DUI limits strictly, and checkpoints are common rather than rare — a point we cover in detail in our guide to the drinking age and DUI laws in Costa Rica. The blood alcohol level (BAL) penalties break down as follows, and note that novice drivers face a lower threshold:
| Driver Type | BAL | Penalty |
|---|---|---|
| General drivers | 0.20–0.75 g/L | High fine plus penalty points |
| General drivers | ≥ 0.75 g/L | Legal state of intoxication — referred to the Fiscal\u00eda (Public Prosecutor’s Office) |
| Novice drivers (first license, ≤3 years; excludes professional drivers) | ≥ 0.50 g/L | Same criminal-referral bracket, but at a lower threshold — referred to the Fiscal\u00eda, plus immediate 1-year license suspension |
That last row matters for a specific kind of tourist: anyone driving on a foreign license issued within the last three years counts as a novice driver under this rule, which means the margin for error is smaller than the general limit above might suggest.
A DUI conviction on top of an injury accident does not just add a fine — it removes any argument that the accident was an unavoidable, no-fault event, which makes a fast resolution of the civil claim, and a fast lift of any departure hold, considerably harder to negotiate.
5. What to Do in the First Hour After a Car Accident in Costa Rica
- Do not move the vehicles until the transit police (Policía de Tránsito) arrive and document the scene — moving them can complicate the official report.
- Call 911 for police and medical response, and request the official accident report (parte oficial) before leaving the scene.
- Photograph the vehicles, the road, any visible injuries, and the surrounding area from multiple angles.
- Get the names and contact details of any witnesses — they can matter far more than either driver’s account later on.
- Contact your rental company and your insurer (or travel insurance provider) the same day, in writing where possible.
- Speak with a local attorney before signing anything presented by the other party’s insurer or representative.
Involved in a car accident in Costa Rica? Get a clear read on your exposure before you’re due to fly home.
Talk to AG Legal6. If You Were the One Injured, Not the Driver
Everything above addresses the driver’s exposure. If you were hurt as a passenger, a pedestrian, or in a rental vehicle with worn tires or poor maintenance, your case runs through a different legal path — Costa Rica’s consumer protection framework (Law No. 7472), which allows claims directly against tour operators, hotels and rental companies without needing to prove fault in the traditional sense. Our full guide to tourist accidents and compensation in Costa Rica covers that process in depth, including the evidence to preserve and how joint liability works when more than one business shares responsibility. Our Personal Injury practice handles these claims directly for tourists and expats.
7. U.S. Embassy and FCDO Guidance
AG Legal appears on the U.S. Embassy San José’s List of Attorneys for the Consular District of San José, and in the UK Foreign, Commonwealth & Development Office’s “Find a Lawyer” directory for Costa Rica. Inclusion on either list does not constitute an endorsement or recommendation by either government — it reflects that our firm meets the criteria both governments require for legal referral listings.
8. Frequently Asked Questions
- Can I really be prevented from leaving Costa Rica after a car accident?
- You can be required to name a legal representative in Costa Rica before leaving, under the arraigo measure in Article 19.3 of the Código Procesal Civil (Law 9342). If that requirement isn’t met, it works in practice as a departure hold, regardless of fault or insurance coverage.
- Does having full insurance coverage prevent this?
- Not automatically. Insurance can speed up how quickly the injured party is compensated, which helps resolve the case faster, but a judge can still order arraigo while the claim is pending and the final costs aren’t yet known.
- Is this the same as the “travel ban” used in criminal cases?
- No. Arraigo is a civil measure tied to an unresolved injury claim from a traffic accident. The criminal travel ban under Article 244 of the Criminal Procedure Code applies when someone is under criminal investigation and a judge finds a flight risk — a different legal basis entirely.
- What does the mandatory SOA insurance actually pay for?
- SOA covers bodily injury to third parties only. It does not cover vehicle damage, rental car costs, or the at-fault driver’s own medical expenses.
- How long can this kind of hold last?
- There is no fixed timeline. Courts have historically waited until the injured party’s medical recovery and the definitive costs of the claim are known, which can take months rather than weeks.
- Should I sign anything the other driver’s insurer sends me?
- Not before a local attorney reviews it. Settlement documents drafted by the other side’s insurer are written to protect their interests, not yours.
- Does this apply to residents as well as tourists?
- The mechanism applies to any driver involved in an injury accident, resident or tourist. Tourists face a practical difference: no local assets or address to secure the claim against, which is part of why courts lean toward a departure hold in the first place.
- What should I do immediately if the other party is seriously injured?
- Call 911, do not move the vehicles until police arrive, document everything you can, and contact a Costa Rican attorney the same day — before speaking with any insurer or signing anything.
This article is for general information only and does not constitute legal advice. Every accident case depends on its specific facts. Contact AG Legal to review your situation.