Insurance Agents advice on what to do if in a car accident

I recently received this email from my insurance agent, Andre Bellon on what to do in case you are in a car accident. I hope it can help others if they get in this situation.

A lot of clients have been coming to the office asking what to do at the moment of an accident, this is because they have read regarding the accident that happened this past week where people were taken to jail because of this accident.





WHAT TO DO IN A CAR ACCIDENT


I would like to make clear some things about what to do in a car accident:



It’s very important that in any car accident, if you have car insurance, you must stay at the place where the accident occurs, until the adjuster and/or the authorities arrive at the place of the accident. If in the accident both parties can arrange themselves, this means that both cars have insurance and the Adjusters of each company have an agreement stating who is the responsible for the accident and determine each drivers responsibility of the accident, then the cars can be moved to a place where they do not block traffic.



NEVER move the cars from the place of the accident until the adjusters or authorities arrive to the location of the accident.



The Mexican laws say that if there is any person injured in the accident, both drivers will be held in the “Ministerio Publico” offices (like a small jail) were you will be held until the authorities can declare who is responsible for the accident. If there are injuries at the scene of the accident, both drivers will be held also.



If you are involved in a car accident, where someone is injured, my recommendation is to call the insurance company immediately and your insurance agent, so that he/she can help you requesting the insurance company lawyer to assist you legally in all the processes.



If there are no people injured at the accident, apparently there should not be any reason for the authorities to hold you in the Ministerio Publico office.



In the Insurance Industry in Mexico, THERE IS NO COVERAGE for you to skip any of the obligations mentioned before. There is no coverage for you not to be held if there is any injured people.

So remember to always call to your insurance agent, he or she most provide you the information needed so you can have a better understanding of your insurance policy.

AND DO NOT HAVE A TRACE OF ALCOHOL , MARIJUANA ETC IN YOUR SYSTEM OR YOU WILL BE FOUND RESPONSABLE .
HAVE A CELL PHONE WITH YOU FOR EMERGENCY.

Por claro !!

Good post mx.

A couple of other points.
* Do not drink or take any drugs and drive.  Any trace of alcohol or, say, marijuana, in your system will result in your being blamed for the accident no matter who would otherwise be held responsible.  You will definitely be given a blood test for toxins in the blood if anyone is injured in the accident and/or the pólice become involved.
*  To repeat this warning.  If you are in an accident where anyone is injured even slightly you will go to jail for up to 72 hours and maybe longer practically speaking and if all parties to the accident do not come to agreement as to what happened  and who is responsible - all  accident participants/victims should expect to cool their heals in the pokey at least until the MP has ruled as to which party is to blame.
* I can´t  speak of other jails but the Chapala jail in the municipal pólice headquarters where you will be incarerated is an utterly filthy hellhole  where you will sit and sleep on a concrete slab without adequate cover and no pillow.  Depite the fact that you may be  a respectable and propertied citizen, you may  find your cellmates are violent criminals and your community status means nothing unless you are somehow connected to others in the community with influence and you have legal representation under your insurance policy and even those factors are iffy. In the Chapala lockup, the toilets will probably be filthy and may not flush as well.  You will get absolutely no food  nor have an opportunity to bathe.  This is unknown to most Chapala residents but the Chapala municipal lockup is a disgrace to the community and nobody but nobody gives as damn one way or the other.  You had better have someone you trust to bing you food or. perhaps, a good blanket and importantly, some mosquito repellant.

brigitte wrote:AND DO NOT HAVE A TRACE OF ALCOHOL , MARIJUANA ETC IN YOUR SYSTEM OR YOU WILL BE FOUND RESPONSABLE .
HAVE A CELL PHONE WITH YOU FOR EMERGENCY.

Good morning Brigitte,...What about prescription drugs, do they test for them?

If prescription drugs are a controlled subject, it may be good to have a copy of the prescription in your glove box with your car papers.

reading posts on this on tob. bit scary really what can easily happen to anyone.i for one dont fancy hours in smelly cell. welcome to paradise !

yes, the post about the horrible jail conditions is very scary.

I do not remember who asked me if my medecine had controlled subtance in it but someone did ask.
Telling the MP what you take is a good idea..I did not do that.

They test for controlled substance and alcohol, this is what I was told but I do not have the details and did not see the results, I only know that my test came back negative. I will try to remember what they tell me when I ask.

Usually they test for controlled or illegal substances and blood alcohol. Meds for blood pressure, cholesterol, etc. don't count as they do not alter your behavior or ability to drive safely.

The facilities in the cell are substandard and I will talk to first the chief of police, it would really help if they cleaned them up every day and if people were told to bring toilet paper and wipes.. If he is not responsive I will go up the ladder but first I need to be on the clear before I start that battle.

We're behind you. Perhaps a letter to the editor in the Reporter would be a good thing to let the public know the horrible conditions.

I believe that if I can convince the chief to have a place that is sanitary it is better than embarrassing him publicaly and we stand more chances of getting what we want.
If that does not work I will go higher but we need to give him a chance.
I do not expect to be comfortable in a holding tank but I expect the place to be clean and sprayed for mosquitoes especially now that we have dengue.
The woman I slept with had the flu but there is not much anyone can do about that..

If anything is written about that part in the reporter you guys are on your own and I will not pursue it.

One more question, is there a prison hospital for the seriously injured in an accident?

Important point. MP is not open on Sat or Sun. If you're in an injury related accident on a weekend you'll be in lockup until sometime on Monday, minimum.

There are people in there 24h /7 I used to help them many years ago and they would call on me at night or on week-end so I have a feeling that it all depends on their priority and their work load and if the law gives them 48h minimum you will be there 48h minimum...but I do not know that for sure.. I believe the max is 72h but again someone would have to confirm that.

brigitte wrote:I believe that if I can convince the chief to have a place that is sanitary it is better than embarrassing him publicaly and we stand more chances of getting what we want.
If that does not work I will go higher but we need to give him a chance.
I do not expect to be comfortable in a holding tank but I expect the place to be clean and sprayed for mosquitoes especially now that we have dengue.
The woman I slept with had the flu but there is not much anyone can do about that..

If anything is written about that part in the reporter you guys are on your own and I will not pursue it.

Once again, a level-headed approach from a more than level headed woman! And she was the 'victim'. Although I don't live at Lakeside I am there a lot. I agree with her position to attack this with respect first rather than going off, gringo style, at the Authorities. If nothing else, we owe HER that much.

This is almost the perfect way to handle this situation from start to finish (well, almost finish), and not lose your self control.  this should be a playbook for everyone.  I can only imagine the hysteria if it had been someone else in this predicament. I knew a Canadian lady who was involved in an accident some years ago as a passenger and had to spend just a few hours in jail, not even overnight.  She was so distraught that she returned to Canada almost immediately, leaving her rented accommodations, never to return. Everyone should do a primer on how they will handle it as a practice therapy, just in case.  Brigitte has given a lot of invaluable advice.
BIEN HECHO, BRIGITTE

Anyone not willing/able to "do the time" probably shouldn't be driving in Mexico (or at least in Jalisco). We were told when we first arrived here that if you get in an accident, with injuries, you are going to jail until things are figured out. Thanks for the detailed report and reminder Brigitte. A truly crappy way to spend a couple of days.

guys I may lose it before it is over as I still need to get my car out and the logic about the car being kept does not totally make sense to me..so I know I am going to have a few battles coming up. Thank God it is a 12 year old car ... I sure would hate to have a new car in there.
Canuck Bob I saw the inside of a jail in Chiapas and believe me Chapala is luxury in comparaison. I did not stay in the one in Chiapas but that was really nightmarish so.. all is relative..
I thank God as well that his did not happen while I was driving back from Chiapas last week in a place like Tabasco or Vera Cruz... because you have to wonder what people do when they do not know anyone who can bring them food and supplies..

Thank you for taking the time to share the details. Going to jail in itself is uncomfortable. Going to a filthy jail without even minimun sanitation is a horrible thought.
Let's hope shaking that tree bears some results. And congratulations to you, Brigitte, for keeping a level head under very trying circumstances.

Thanks guys.

brigitte wrote:guys I may lose it before it is over

My money is on......saying you won't....not your nature.
In other words, my money is on "The French Resistance".....slow, steady, deliberate, and patient, knowing victory will prevail against overwhelming odds.  

islandiver wrote:One more question, is there a prison hospital for the seriously injured in an accident?

I was injured in an accident and when to the local hospital by ambulance.  Since I was the driver of one of the cars (not my fault), the MP wanted to see me the next day.  Because I was ambulatory, the insurance rep transported me to the junk yard to get anything of value out of my car and then to the MP's office.  I sat around there for a couple of hours and was feeling pretty rotten.  I even laid on a bench in the waiting area.  Finally, I asked to be returned to the hospital and left a message that if the MP wanted to interview me, he could come to the hospital.  Of course, he never showed up.

My insurance company was really great in helping me navigate events by sending an attorney who spoke English to assist me. Another person from my insurance company in MXCD advised me by phone on how to handle the other insurance company, as needed. They tried to screw my passengers and me consistently. Including wanting my passengers and I to pay for our hospital stay, saying they would reimburse us. I wasn't going for that and the insurance company said that until we paid we wouldn't be released by the hospital. I told the insurance rep that they were responsible for the hospital bill and we would stay until the bill was paid by them; we didn't care how long it took (we were retired) and would continue to rack up the bill for daily room and board for them to pay, if they were stubborn. We were released the next day to go by ambulance to a hospital in Guadalajara for surgery.

When did your accident happen? I heard there have been changes in the law because of the Reform but I am unclear when all of that took place and what the changes were.

In our case the MP was not able to name  a responsable but the man who was injured had a fracture in some vertabrae, he was ambulatory but in pain and they still put him in the cell to sleep and he was crying out every time he moved. I heard him all night from accross the patio.

I cannot answer the question about the hospital but it seems to me that if a person is bedridden and was in an accident they would let them be in a regular hospital as that person is technically at the disposition of the MP since they can go and visit if they need to ..but who knows..that is a good question