about Further, Gorman says, under Mexican law, if you're involved in an accident with another vehicle, both parties are presumed guilty and taken to jail. Fault is determined later. If you caused the accident and don't have a Mexican auto insurance policy, you could be jailed until you prove you can pay for damages.
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If you have an accident, even a fender-bender, the police will immediately ask to see your driver’s license, car registration and your Mexican auto insurance policy. You can be arrested, have your vehicle impounded and be heavily penalized if you do not have proof of at least Mexican liability coverage. If you are able to get your car back to the U.S., you may then make a claim with your U.S. insurance company for any damage done to your car. But while in Mexico, you need, as a minimum, to have a Mexican liability policy.
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Mexico has traffic laws that are very similar to those in the United States. The application of these laws is what accounts for the major differences, and is the reason that you need quality Mexico auto insurance. The law in Mexico is based on the Napoleonic Code, where guilt prevails over the presumption of innocence, whereas in the U.S., the law is based on the English Common Law, where innocence prevails over the presumption of guilt.
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Insurance laws of US cannot apply in Mexico and neither those of Mexico can apply in US. I lost my claim for not mastering this simple fact. Never leave Mexico before filing your accident insurance claim, more so, before an adjustor’s visit the scene of accident to make a report.
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See all If serious injury has not occurred, a Mexican insurance policy might help reduce the red tape and allow the motorist to be on his or her way sooner rather than later. However, the policy should not be construed as your “ticket out of jail”.
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