getting into a traffic accident

[joanne]

This is a somewhat nebulous topic IMO. You have Mexican insurance and you get into an accident whilst driving. Not sure if its yours or the other driver's fault.

Let's say that there appear to be injured motorists in the other vehicle. Unsure of the extent of the injuries. I know the proper course of action NOB.

What is the correct course of action Lakeside (or Mexico for that matter)? Once again, you DO have valid Mexican insurance coverage.

[tomgates]

Run away? Just kidding. Call the insurance company. Your agent probably yellow highlighted the number on the policy jacket. If during business hours, might call the agent first and have him or her call the company. Take lots of pictures with your smartphone. I would be careful with possibly injured people. Mexico doesn't have a Good Samaritan Law. 

[sm1mex]

I am with Bellon.  If we are in an accident, he has instructed to call him first and he will notify the adjuster and take care of matters.

[CHILLIN]

Depends on how long you have been in Mexico, your language/confidence levels, and how expensive your vehicle is. This is the way a great many Mexicans and long time Mexican residents handle it. Make sure you have rock solid liability insurance, this is the law here, preferably the ones like Qualitas sells, specifying the named driver not the vehicle. You can drive any car in Mexico with this. But if two, or more of you drive the vehicle it can be expensive. In an accident, if your car is still drivable, even if it is totally not your fault, smile, shrug, and drive away, and get you car fixed for amazingly low prices. If you stay, and try to haggle, it will be curious to you how quickly the other drivers, and their passengers develop injuries. To invite a insurance adjuster is a complete waste of time - all these companies are notorious for not paying out. To get police involved is also another waste of time, just another shakedown. It would be amazing to see their confidence drop when you tell them, this is not my car, take it if you want, I'll just buy my friend another one. Be aware that there are Mexican scam artists  who specialize in staging accidents, and getting gringos to open their wallets. Mind you, this is common all over the world. If you drive an expensive, high demand vehicle, a bigger risk is car jacking. Very common in Guadalajara right now. They want the parts, which they sell to insurance companies, for customers forcing a claim. Ever wonder why many of the insurance companies require autobody work only at shops they specify. Penny drops. There is a public market in Guadalajara which specializes in selling used, mostly stolen, auto parts - but not the high end stuff.

[Lulugirl]

My understanding is, if there are injuries in the other car, you go to jail until fault is placed & insurance is confirmed.

[Yo1]

Injuries=automatic jail time        Just hope it's not on a Friday afternoon because you will be incarcerated until Monday.

[Jim Bowie]

chillin, that little rant speaks volumes about Mexico. Thanks for the insight ! That should gives us from NOB a good picture of what we face here in Mexico on a daily basis, so we can pray that we never have to deal with anything "legal" and/or involving the police here. And, I know a friend that DID involve the police in a very minor "fender bender", and the other car passengers DID suddenly find "injuries": and he DID go to jail. You nailed it.

BTW, the friend had good insurance, and the agent told him that the 5000p they paid to the other driver was worth not having to fight it and they got my friend out of jail in 10 hours. He did have to pay a fine of 1000p, and a 500p impoundment free. All over a small dent in the back side of the rear bumper. Run if you can.

 

[DeborahM]

13 hours ago, CHILLIN said:

 To invite a insurance adjuster is a complete waste of time - all these companies are notorious for not paying out. To get police involved is also another waste of time, just another shakedown.

Not my experience at all, in a recent serious accident. My insurance adjuster (Qualitas) was excellent...on scene within an hour, and my car (less than three months old at the time of the accident) was in the shop for repairs by the end of the day. Repairs and (expensive) pay-out in full were completed without complications. 

[Oldyfeliz]

Lot of bad advice from CHILLIN..  

I carry the Maximum liability available

Call your Insurance Company.... If you leave the scene, you are breaking the Law, and if someone is injured(or claims injury). it will be harder to get you out of jail.  Stay on the scene & do not converse about the accident to the other party.  Call the Police, and they will complete a report.  If you wish to negotiate, do it thru the Insurance adjuster

[CHILLIN]

What if the other party has no insurance - extremely likely. If Qualitas didn't have another insurance company to send their bill to, you will find their attitude will change very quickly. First of all they would point out that your vehicle lost 25% in value the moment it left the lot. No one could possibly turn a profit in providing insurance where the payouts far outweigh the premiums.

Like I have said, fear and intimidation does not work in Mexico, even, or maybe especially, against the vicious, sociopathic cartels.  The result is a widespread disrespect for the rule of law. Even the most positive politicians forecast that it might be up to another 15 years before anything like the rule of law is established in Mexico. Hold your nose, and go with the flow, seems to be the way things work around here and all over Mexico. Do you think you can change anything by being a model citizen - HAH! Just work on being a good Father and Mother to your children, family and community -that's about as good as it's going to get right now.

[snowyco]

The law in case of accidents?  How things work?

Do NOT move the vehicles.  Take pictures right away, of their vehicle and the other driver (s) in case the other party (parties) flee.

Call your insurance company to have them send an adjustor.

The insurance adjustor will tell you what to do ... and the insurance co adjustor negotiates with the police and with the other driver(s) and other injured parties.

Depending on the municipalidad,  an ordinary police officer may come first, and then in larger municipalidades, he may call in a perito (expert - specialist   experienced office) to the scene to determine who is at fault.

The peritos often try to settle fault & claims on the spot - where the perito + adjustors come to road-side agreements on whom shall pay and what is owed,  up to and including determining who is injured and to what medical facility they will be sent ...  where the at fault driver may be required to pay for medical evaluations and medical treatments.  If you are injured, your adjustor hopefully negotiates that you be taken to a good medical facility (not just the closest), for good quality treatments.   

It can also be very important to have special fiscal bond coverage, with high enough cash limits to cover all the potential liabilities up to and including deaths ($3 million to $5 million pesos per person in cash, depending on the State),  medical treatments,   repairs to the vehicles,  and damages to other property**.    Some insurance companies include adequate fiscal bond coverages in their policies,   while other companies only add the fiscal bond protection added as a special rider when the customer requests it.

If we don't have fiscal bond coverage to keep us out of jail,   we unfortunately can be taken to detention/jail (indefinitely) until the police determine who was at fault and whether the at-fault parties have sufficient cash to pay for all the likely bills/liabilities.   It can sometimes take the police  1 day to 4 days to determine what the $$'s owed are,   which can mean sitting in a Mexican jail, with no food & no water in the meantime.

For these reasons,  it can be critical to carry a good working cell phone while driving in Mexico,  to allow you to call your family or friends to bring you food & water in jail ... and to call your insurance adjustor to negotiate for you & represent you.

The whole roadside post-accident process can take 2 hrs to 3 hrs.

**One friend of ours has a Mexican wife who occassionally gets in fender benders.   Her latest collision included hitting a roadside paleteria stand.

The little roadside stand included a small freezer,  that the owner initially wanted $2,000 pesos to fix the freezer.   Unfortunately,  after an hour of roadside negotiations, the fruit-drink paleta stand decided they wanted $7,000 pesos. ...  It turned out that their 'primo' auto insurance plan did NOT include replacing or fixing a fridge or a wooden stand ... so ... she went to jail for the night. ... Her husband brought her food & water, which she shared with other less-prepared arrestees.

She came out very happy the next morning,  declaring that the women had pooled the food & beverages,  and had a pajama party / all-night-gab-fest ... announcing that she had 5 new friends.

[bezerk]

This is a very ridiculous post with bad information on a serious subject.  I have had two accidents in Mexico.  Do not move your vehicle and call insurance company, they send adjuster...fault is determined all is settled then and there.  My car has been repaired both times all have been polite and honest. 

Mae sure you have legal coverage on your policy so as not to spend time in jail. 

ASk your insurance company  directly what to do if you have an accident. 

My biggest fear here was an accident and both ties, not my fault but they were smooth....so many other issues not so much so..