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Your Legal Rights Following An Auto Accident (see Disclaimer)Background As in the US, automobile accidents in Mexico may be viewed as either civil or criminal matters, but if there is a death, injuries, or significant property damage, they are generally viewed as criminal matters. In many cases, it is advantageous for the injured party to seek restitution as part of a criminal action, rather than a civil lawsuit. Automobile accidents are governed by the law in the state where they occur. If the case is tried as criminal, location is somewhat irrelevant, because criminal law does not differ a great deal from state to state. If drivers are both California residents, CA courts have held that California law determines damages in such cases. However Mexican law may still determine criminal liability. You Are More "Innocent Until Proven Guilty" Than "Guilty Until Proven Innocent" Perhaps no area of Mexican law has undergone more change in the last decade than Mexican criminal procedure. Contrary to the generally held belief, one is not considered guilty until proven innocent. In 1983, Article 9 of the Mexican Constitution was amended to delete a former provision that seemed to contradict the presumption of innocence. Today the presumption of innocence is found in various Articles of the constitution which taken together, constitute a presumption of innocence. What Happens After an Accident? If the accident involves a death, injury or property damage authorities will commence a criminal investigation. The crimes you could be charged with include imprudence, a type of criminal negligence, as well as more obvious crimes such as driving under the influence. A representative from the Public Prosecutor's office, the Ministerio Publico, may come to the scene and ask you to make a statement. You have the right to not make a statement, but it is often better to do so. You have the right to have someone you trust, such as a friend, relative, or lawyer present with you while you are questioned, this is also an important right to use, as it may effect your case later on. If you are not traveling with anyone, name the Canadian Consul and ask the officer to contact the Canadian Consulate. If the Accident Results in Property Damage Alone If the accident results in property damage alone, when the police arrive at the scene, they may ask the parties to attempt to arrive at a settlement of the damages. If this is possible, both parties sign an agreement and your vehicle will be released at the scene. Be sure to inform your insurance agent before you sign this agreement. Even if you are unable to come to an agreement, if the accident resulted in property damage alone, it is unlikely you will be arrested, unless it appears that you were driving under the influence of alcohol, drugs or in an extremely reckless fashion. Your Right to Release on Bail Following an Accident If you are arrested as a result of an accident, you have the right to release on bail. The amount of the bail will be fixed as the amount necessary to pay for any fines, and damage done to the other party. Article 31 of the Penal Code provides that in cases dealing with negligence or imprudence, a valid Mexican insurance policy will provide a basis for guaranteeing the bail so that the driver may be released. Even if there is insurance, the driver may not be released if he/she was driving under the influence of drugs or alcohol or in an extremely reckless fashion. If bail is paid, it is paid to a court official. In no cases are police officers in Mexico allowed to accept cash, for whatever reason. Detention of the Vehicle If no agreement is reached, or there are injuries, your vehicle may be detained as long as needed to investigate the accident and to guarantee the amount of damage done to the other vehicle even if you feel that the accident is not your fault. If your vehicle is detained, you may be required to post a bond in order to obtain its release. If your vehicle is detained, you may be required to post a bond in order to obtain its release. If you obtained Mexican insurance it will serve as the guarantee needed. If not, you may have to purchase a separate bond. Reporting the Accident to the Insurance Adjuster/Claims Service Center All Mexican insurance policies require that you report the accident to the insurance adjuster/claims service center before you leave Mexico. Be sure to follow this requirement or you may lose important coverage. If you car is damaged, the Mexican insurance adjuster must inspect it before you drive it to the U.S. Your Mexican insurance will pay for repairs only at the cost they would have in Mexico. All personal auto policies sold through MexACan.com include legal assistance, and can be added to daily policies for an additional fee. The above is intended to provide useful information of a general nature. It is a summary that may not accurately describe a particular situation. It is not intended to constitute legal advice. For advice on a specific matter, you are always strongly advised to consult competent legal counsel. This information is provided as a service to clients buying insurance through this site and assumes no liability for any reliance on information provided. No attorney - client relationship is intended or created by this information. |
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