Friday, November 23, 2007

A Mexican accident

When spending much time in Mexico and driving, it is unavoidable that one might get involved at one point in time in a car accident.

This happened to the Fuso Szulc today.

Nothing serious.
Just a light collision.
Nobody got hurt.




It was a Mexican lady in a car hurrying to get her child from Kindergarten.
At a crossroads the Fuso Szulc was making a left turn.
The woman, coming from the right, believed she could speed up and go around the Fuso Szulc on the right side.
That unfortunately was a miscalculation and the left corner of the Fuso Szulc front bumper hit her backseat side door.

She stopped her old Ford Mercury rather far away from where the incident took place and did a very clever thing.
Right there were a few men guarding the entrance of a truck depot.
Immediately she started talking to these guys explaining what in her opinion had just happened.
The Fuso Szulc was parked behind the lady and there was a discussion.
Obviously the lady believed she was right and the Fuso Szulc was wrong and had to pay for the damage.
As this was more than disputable, that suggestion of her was not received positively.
Next, she called her husband, the owner of the Marina of La Paz.
He showed up in a fancy yellow 4x4 Ford F-150 pick up truck and claimed $ 300.
Based on the story he had just heard from his wife.
The counter proposition was that each should pay for the own damage and adios.
This offer was refused and the police was called.
The Transito.
After half an hour they showed up.
One policeman got into the Fuso Szulc and directed it to the offices of the Transito police.
They have a nice collection of car wrecks there on their parking lot.

What meanwhile was going on was a kind of social bonding between the police, the lady driver and her husband.
The question who was responsible for the accident was not relevant.
The foreign visitor was.
There was no doubt about that.
The story of the woman was believed.
Supported by two witnesses who had talked to the policemen on the scene: the men she had spoken to after the incident but who had not even seen the accident happen.
Never the Transito Police asked the foreign visitor his version of the accident.



The only question the Transito Police asked the foreign visitor was whether he had car insurance.
This question was asked repeatedly.
He was instructed to call the insurance company and report the accident.


Mr. Guzman of the insurance company ACE Seguros answered the call.
A most friendly person.
Speaking very good English.
“We are here to help you.
We are behind you.
We will do any thing possible to get you out of your situation.”

Mr. Guzman was going to send an “adjustor”.
A man who was going to handle the case and take care of everything.

After one hour and a half Mr. Chavez turned up.
A man suffering seriously of obesity.
He immediately went to talk to the husband of the lady driver to hear the story what had happened.
Next, he talked to the police.
Eventually he approached the client.
He didn’t speak English.
He was addressing the person he was representing in the impolite and rude “tu”-way.

Also Mr. Chavez was not interested to hear the client’s version of the event.
He never asked the person he represented what had happened.
He knew the policemen and was most friendly with the lady driver and her husband.
Mr. Chavez obviously was on their side.

This whole thing going on appeared like a conspiracy.
With only one purpose: to have the foreigner admit he was guilty of the accident so that his insurance company would pay the damage to the car of the lady.
Even the adjustor was forcefully behind that concept.

There was not much one could do.
The thing dragged on for hours.
On the wall was a black board and a policeman had made a design how the accident had happened.
Based on what the woman had told him.
Very far from the truth but nevertheless this was accepted as how it had happened.

There was a new phone conversation with the friendly Mr. Guzman.
It was explained that the adjustor was not exactly on the side of the person he was representing and of great help to the other party only.
Mr. Guzman proposed to send a lawyer.

Because things would be only made more complicated with possibly a lawyer coming, Mr Guzman was asked what would be a quick settlement of the whole unfortunate affair.
If the foreign visitor to Mexico would insist not to be guilty both cars would be confiscated and the officials would start an investigation.
Leading to a court case where a judge would decide who was guilty and that party had to pay not only for the damage of the other car but also for the whole procedure.
This would take weeks, maybe months.
The other option was to admit guilt.
The insurance would pay the damage to the other car and the damage to the insured car was to be paid by its owner.

This was not really a choice between two options.
How could a foreign visitor to Mexico travelling in a camper have the vehicle confiscated for weeks and months?
This is very well in the mind of the Mexican driver possibly guilty of the accident.
Even if it is crystal clear the foreign visitor is not guilty, the Mexican driver simply states the opposite.
Knowing that the foreigner will plead guilty and pay the costs to fix the Mexican car through the car insurance.
It potentially pays off for a Mexican to crash into a foreigner.
Simply say the foreigner is responsible and your car is fixed up for free.

Papers were signed and the adjustor took the lady driver and her car to a shop where they could fix her car.
She wanted to go to a shop she knew as a good one, but obviously the adjustor had other plans because he forced her to go the shop he knew.
We may wonder why that was.
Probably getting a nice percentage from the friend at his body shop.

The lady was lucky in any case.
Her car had much more damage as only from the recent accident.
They would probably fix the whole vehicle, paid for by the insurance, into one looking like new.
She was also lucky in the sense that she had no car insurance.
And had not been wearing her safety belt.
Lucky to be in a society where they back each other up when an advantage can be made.
That is an effective insurance also.

It was not exactly a warm goodbye of the adjustor.
He had been simply an asshole.
Very rude and impolite.

The story was not over.
Because guilt was admitted a fee had to be paid to the police.
Called “A liberation fee”.
350 Mexican Pesos.
(21 Euros, 32 $)
Not covered by the insurance company.








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3 comments:

Anonymous said...

I am very glad no one was injured! The rest of the story is instructive...I always do buy full Mexican insurance coverage when in the country, but it is very interesting to read how a situation like this plays out in practice.

Joe said...

Its stories like yours that makes me not want to go to Mexico. This is a shame because you've run into countless kind and generous Mexicans and it would be a pleasure to meet such people. But, the risk of the RV being taken for weeks at a time and the BS and risk that goes along with it doesn't make a trip down south worth it to me.

Anonymous said...

Obviously it's your fault, since if you weren't in her country she would not have hit your Fuso. At least that's the way the logic of whose fault it is if a foreigner is ever in an accident in Mexico was explained to me.