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Phil S
Super Nomad
Posts: 1205
Registered: 10-28-2003
Member Is Offline
Mood: After 34 years. Still in love w/ my wife
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Results of accidents in Baja & claims adj.'s
Almost everyone is interested in what happens when someone is in an accident in Baja to know what we should either watch out for or be sure we know
what to expect.
Has anyone experienced an accident in Baja who would like to tell their "Mexican Insurance policy" experiences? I never hope to have to use mine. But
we can benefit from others experiences here. Might help to know the company who provided the insurance, also.
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
Member Is Offline
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rolled it twice
rolled my Explorer twice on Hwy One just north of Vizcaino on July 13th. traveling alone, no idea what happened, but that's another story. Federale
who eventually arrived was great. took me to G Negro where I got cleaned up and sutured and they recommended xrays, but no machine. but that's
another story. and I got back to the USA eventually, another great story.
Federale asked for my insurance policy and called an agent for me, who met me at the station post clinic. she took me under her wing. she spoke zero
English and I had a concussion which took six weeks to resolve, but generally I understood most of it. wrote the name and number of an adjuster in
Tijuana that I was to call in a week. took me to a hotel and suggested I take the bus to TJ or La Paz for medical care! another story some day.
I was fortunate enough to walk away from the wreckage...wear your seatbelts! the camera and computer were thrown clear and both still worked!! so,
I started taking photos. it was that or give in to the shock, okay, I admit I wasn't thinking straight. and I took photos the next day when the
agent took me to see the car one last time. smart move!!!!
it took almost two weeks to get any response at all from the company, telephone calls, emails and faxes which were unanswered until I found the home
office website and asked what was going on. almost instantaneous reply from h.o. and TJ.
finally they totalled it out and sent a low ball settlement offer. it's true cash value in the policies and how that is defined is up to the company,
your negotiation skills and all the proof you can muster. my vehicle was in pristine condition, original owner and extremely low mileage. we
debated that and exchanged emails for over a month and they finally agreed to my offer, several thousand above their original offer. what saved me
was PHOTOS! I'd taken photos when I first insured the car, with a newspaper in each for dates, as well as the odometer. I took photos of the car in
the junkyard, including odometer. hard to argue.
am still waiting for the settlement check. supposedly in the mail. so I won't mention name of well known company until all is final. at which time
I will be glad to share.
good idea re discussing companies and experiences. I look forward to hearing other people's experiences. I'm a newbie to the site but not to Mexico
and the Baja, have driven mainland and Baja for about 10 years, and now live 9 months a year here.
ps, in my condition post wreck it never occured to me to remove the license plate. I'd recommend that now.
Roberta
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Baja Bernie
`Normal` Nomad Correspondent
Posts: 2962
Registered: 8-31-2003
Location: Sunset Beach
Member Is Offline
Mood: Just dancing through life
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Phil
Keep a cheap, throwaway,camera in your glove box--all of them and take pictures of the accident scene--no! not the good looking ladies--any skid
marks, signs showing speed zones, turn restrictiions etc. damage to vehicle, etc,
Oh! don't throw the camera away until the film is developed.
When you get the pictures back turn them over, date them and describe what is in the picture and the names of any witnesses etc. Best insurance you
can have!!!
My smidgen of a claim to fame is that I have had so many really good friends. By Bernie Swaim December 2007
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
Member Is Offline
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rolled it twice
| Quote: | Originally posted by lencho
| Quote: | Originally posted by rhintransit
am still waiting for the settlement check. supposedly in the mail. so I won't mention name of well known company until all is final. at which time
I will be glad to share. |
Darn. That's the main significant fact in this post. Please do share the whole story when things clear. Congratulations, sounds like you were
lucky.
Uhh, what was the cause of the wreck? Most trips I've taken along the Baja (note usage, go for it guys) have had a moment where I said to myself "Ya
know, that could have turned out REALLY BAD!" A couple would have been technically my fault and were saved by someone less fatigued
or careless, and the reason I'm here writing this is that most were avoided by my own normally bordering paranoid defensive driving.
wish I knew. vehicle had been checked, tires, etc. broad daylight, 11 am or so. wide awake. no distractions. had just stopped for gas in
Vizcaino. no other traffic. usual rate of speed, maybe 60-65 on the long long Viz to GN straightaway. all of a sudden I'm headed across the
oncoming lane, sideways. steering wheel loose in my hands. leave highway, drop about three feet, hit sand, roll sideways. twice said Federale, I
remember once but brain was scrambled. nothing flashed before my eyes. just surprise.
I don't remember hitting anything, I don't remember a blow out. the Federale said probably one tire left the highway on the right side and I
overcorrected. didn't happen. I've done that before...not overcorrected...but know the feel of one wheel over the edge. he said maybe a blow out.
nothing obvious post wreck nor in photos. all tires popped off rims, but nothing specific. haven't a clue, maybe something in linkage, steering,
axel, ??? anyone want to examine the photos and give me a guess?
I drive defensively and paranoid-ly. I've never had a wreck in, well, a heck of a lot of years of driving, 35+. I'll drive again in Baja, my 4x4 is
waiting for me down at my palapa for my return this fall. it just happened. most of the time we are just plain fortunate. sometimes, rarely, we
aren't. fickle finger of fate.
whether or not I will continue with my present insurance company is still up in the air. when the claim is finally settled, I'll share the name of
the company. Roberta |
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bajaguy
Elite Nomad
Posts: 9247
Registered: 9-16-2003
Location: Carson City, NV/Ensenada - Baja Country Club
Member Is Offline
Mood: must be 5 O'clock somewhere in Baja
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Several years ago Ford had a problem with Explorer rollovers. It was traced to the type of tires used as original equipment, Firestone, I think
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
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previous post, cause of wreck, etc
okay, the newbie screwed up the quote thing. lencho asked cause of wreck...I meant to quote that and reply. instead I managed to put his original
question first in my reply. sorry for the confusion. Roberta
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
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rollovers
| Quote: | Originally posted by bajaguy
Several years ago Ford had a problem with Explorer rollovers. It was traced to the type of tires used as original equipment, Firestone, I think
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as I understand, something has to get the, uh, ball rolling. no discernable cause for that. my tires were replaced with the original recall. any
vehicle traveling at a good rate of speed leaving Hwy One with no shoulders and a big drop to the surrounding terrain is gonna roll I think.
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Phil S
Super Nomad
Posts: 1205
Registered: 10-28-2003
Member Is Offline
Mood: After 34 years. Still in love w/ my wife
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Mexican insurance & accidents
rhintransit. Can you say whether your dealing with a Mexican insurance company or an American Insurance comp?
Was it obtained in Mexico or through an American agency?
If you'd rather wait, I'm o.k. with that. Glad you weren't killed. two rollovers & can talk about it means you had some "higher power help", huh
Skeet?
Thanks for sharing this experience. Some of the "other stories" you mentioned will be excitedly awaiting the 'reading' . don't take too long to post
them.
Thanks again.
Any others to report in?
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TMW
Select Nomad
Posts: 10659
Registered: 9-1-2003
Location: Bakersfield, CA
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First time was 1988 I had purchased a new Toyota PU (plain jane type) for my son. One month later on Memorial weekend he rolled it near San Luis, east
of Mexicali. He and his friend were OK from using seat belts and from the motorcycle acting as a roll bar in the bed. It was a Mexican insurance co.
policy purchased in Calexico. I went to their office in Mexicali and a engish speaking lady named Susie helped me get all the paper work together and
I made the rounds to get all the signatures etc. No problems except the head of the Federales in Mexicali (my last stop) wanted $200 for him self and
$20 for his sidekick to do a rush on the paper work. OK and it took him 5 minutes. I took the paper work back to the Insurance office and gave it to
Susie. In July I got a check for the full amount minus $100. $8000 total. The check came thru an agency in San Diego.
1993 had my 91 chevy PU stolen at Rene's resturante near the 2nd toll gate at Rosarito. Filed a police report in TJ. Notified Mexican insurance
company. I had an annual policy thru Discover Baja, I don't remember who it was. Also told my US insurance co and filed a report with the CA CHP. I
went to the insurance office in TJ and got the paper work going. This time in making the rounds the Federales in TJ (by the airport) would not deal
with me because I was not fluent in spanish. So I get a friend to come with me for the Federale paper work. A week later I got a call from my US
insurance saying he was called by a private investigation co in El Cajon and that my truck was at an inpound yard in TJ. The private co would bring it
back across the border for $1500. I called the private co and they told me where it was. I told them I wanted my Mexican insurance to handle it. They
said OK. I then called the Mexican insurance company and gave them the info. They had me come down the next day and we had to stop by the TJ police
station so I could pay a $7 illegal parking ticket. The police found my truck parked in a red zone. The insurance co don't pay tickets. We then went
to the impound yard and got my truck. The camper shell was missing. The only damage was to steering colume where the plastic case was busted and the
starting rods were broken. I never knew the truck was so easy to start. The mexican insurance co paid the impound fees and I drove the truck back to
San Diego to be repaired. The Mexican insurance was a $400 deductible. I think the repairs were like $300-400 at City Chevrolet. I paid out of pocket.
Crossing the border at Otay was an interesting experience with a reported stolen truck. I will just say keep your paper work on the seat and your
hands on the steering wheel where the guard can see them.
The third time was in Dec. 1995. Same 91 chevy truck. Still with an annual policy thru Discover Baja. Four of us were headed to Laguna Salada to ride
motorcycles. Just as I started down the the La Rumorosa grade across from the toll gate ( the down side was still a two lane) a car coming toward me
ran off the side and down the embankment thru some snow then cut back up the embankment onto the hwy toward me. I ran off the off but he hit my left
side starting at the left front wheel, down the side where he hit my left rear wheel, breaking the spring U bolts driving the drive shaft out of the
transmission. We were doing maybe 25-30mph. We hardly even felt it. Probably because we were loaded with 3 motorcycles and gear. I stopped and this
young man, late teens or early 20s runs up to see if we're OK. We were and they were OK to. A highway patrol officer was quickly there from the toll
gate where they heard it. The other car had two young couples dressed in Tux's and nice dresses. They were going to a party in TJ. The driver said he
was changing radio channels and ran off the road. I think he may have been playing paddy cakes with his girlfriend. Anyway he admits he was at fault.
The police make out their paper work and I sign mine after my spanish reading friend reads it to make sure it's correct. A tow truck takes us to the
tow truck drivers house in La Rumarosa across from a resturante. We borrow a friends truck and unload everything including the spare tire. I left the
registration. The next day I go to the insurance co office in TJ, same place as above. Paper work is started. I meet a claims adjuster in Tecate and
explain everything and where the truck is. I call the insurance co weekly and after weeks turn into months I finally demand what is going on. They
tell me they can't find my truck, it's not in the impound yard. I tell them I know it's not in the impound yard, it's at the tow truck drivers house
on hwy 2. I see it every couple of weeks when I go by. So now it's March. They estimate the repairs at $6500. I want City Chevrolet to look at it. The
insurance co says if City's estimate is higher I would have to pay the difference. I think about it and decide to go with the Mexican estimate and
repairs. BIG MISTAKE. The truck was repaired in San Diego at Tony's shop off I-15 south of Mission Valley. I get the truck back in August. It looks
good, new paint job etc. I moved to Texas in Oct. by spring the rear oil seals in the axle is leaking, the paint is peeling. The new tire had sidewall
vertical splits and the rear differential was broke. Instaed of the regular spray in bed liner they spay the bed with the stuff used in car trunks. In
Lubbock TX I had a Rhino lining sprayed in. The guy doing it calls to tell me the truck bed was never primered before they painted it. I think the
saying "you can pay me now or pay me later" relates to this.
If I had it to do over I would have had it taken to City and had them fix it and paid the difference. Also a big difference in having a wreck is
whether anyone is hurt or killed. Then whos at fault plays big time.
I should add that my US insurance was with Allstate and they would have, at that time at least, covered my truck up to 75 miles in Mexico. In
hindsight I should have had them pay the difference with City Chevrolet.
[Edited on 9-23-2006 by TW]
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Cypress
Elite Nomad
Posts: 7641
Registered: 3-12-2006
Location: on the bayou
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Mood: undecided
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Jeez TW! You must lead a charmed life? On the other hand, is there a cloud overhead.  Your adventure stories are great.
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
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the former. driving along, no problems, then flying sideways...and as I felt the steering wheel then, not before, loose. of course that could have
been because the weight of the car was then on only two wheels...
I'd love to know what happened, but have accepted that I never will.
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Mexitron
Ultra Nomad
Posts: 3397
Registered: 9-21-2003
Location: Fort Worth, Texas
Member Is Offline
Mood: Happy!
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As I recall in 1987 I was driving in my truck with a distractingly lovely young lady on our first date, in Baja, while my cousin, his new bride, and
another friend were following behind in his Chevy Blazer. It was dark and we were on a dirt road in the middle of some hills. Uh, the gal and me
were getting along famously when eventually we noticed the lack of my cousin's headlights in back of us. Oh, they probably stopped for a bathroom
break...let's see, now where were we...we "waited" for them a while longer...and finally started getting worried, turned around, and eventually found
them upside down over an embankment. Minor injuries luckily but the truck was totalled--he'd hit a concrete drainage pipe stabilizer, flipped twice
going over the hill.
Turned out Mexican Insurance doesn't cover accidents caused by yourself and especially on dirt roads out in the boondocks. But my cousin,
coincidentally enough, had been given a lawyer's business card by his friend a couple weeks earlier, just in case he ever needed help. So we talked
to him and after taking the other's home came back to Ensenada with $2,000 mordida to pay off the police and insurance adjuster--and the insurance
ended up paying the $9,000 value of the truck.
Didn't bode well for my cousin's new wife-- she never came back to Baja--at least not past Ensenada. My new girlfriend and I came back down three
weeks later...didn't phase her 
The Chevy Blazer is still there--you can see it on the road from San Vicente going out to the coast.
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John M
Super Nomad
Posts: 1908
Registered: 9-3-2003
Location: California High Desert
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Oscar Padilla
Early 1985 we were returning from La Salina and my wife was driving, middle of Tijuana heading to the border. She doesn't usually drive this part on
the return trips so she was not familiar with the road. A mile or two from the border a stop sign had been knocked down and she wasn't aware that
cross traffic did not stop. We got broadsided, hit just behind the left rear tire. The VW we were towing passed us by as the hitch on our car broke in
the accident.
There was a most unfortunate string of events we suffered both before and after this accident that are not relevant to this story part so I'll skip
'em.
The insurance adjuster came to the police station where my wife was being held and said our coveage was void and Oscar Padilla would not pay. So we
paid the nearby body shop for damage to the "other guys" car and we headed across the border.
We had Allstate Insurance for USA coverage and without delay they paid to have our cars (both - as the VW also had some damage), and also reimbursed
us for the money we paid to have the other guys car fixed in Tijuana. As mentioned in another post Allstate covered 75 miles into Mexico at the time -
do they still? Not certain.
Why did Oscar Padilla claim our policy was void? Here is the deal - which we didn't persue since Allstate had so readily taken care of us. My wife and
kids had gone to La Salina first, a few days ahead of me. She stopped at Oscar Padilla and got insurance on her car - It was fairly new at the time
but I cannot recall now what coverage she got. BUT - the point is that she did not tell them she'd be towing my VW on the return. I drove down a few
days later, also stopping at Padilla's and getting coverage.
So - the adjuster was emphatic that since we didn't declare that we'd be towing with her car that the coveage was void. I seem to recall something he
had, in writing, to back up his non-payment.
As I said earlier we didn't go after it due to our own coverage here which took care of everything.
I'm not certain if we should have been denied coverage by Oscar Padilla or not - due to other much more serious things that happened that weekend and
in the couple of months after we were distracted and it just didn't seem important.
We have had Lewis & Lewis since 2000, and the only thing we've done with them is pay the annual premiums.
John M
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Mexitron
Ultra Nomad
Posts: 3397
Registered: 9-21-2003
Location: Fort Worth, Texas
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Mood: Happy!
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A friend got into a minor accident at one of the toll crossings between TJ and Ensenada--she was surprised to find out that if you've paid the tolls
you automatically are insured(my memory is fuzzy as exactly to what extent but I know it helped the situation)--make sure to keep the receipt!
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
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and the name of the company is...
hi, gang. see previous posts. the check was in the mail. slowly slowly. came today. marked "total y definitiva por la perdida total" you'd
think everything was settled, right?
wrong. amount was only for the vehicle, and did not include my medical expenses. nor was my license plate returned as promised, but that might, just
might, be under separate cover. ?.
sigh. so the struggle goes on. I suspect they wanted me just to cash it and go away. but I cannot know that for sure. so the emails have resumed,
will keep you updated.
I am dealing with Qualitas/Lewis and Lewis. and, yes, I'm very frustrated. but I've heard of another couple who waited 6 months for their check.
maybe I'm an impatient gringa? see details in earlier postings.
my other vehicle is also insured by Lewis and Lewis. when the policy is up, I will insure with someone else, so I am following these and other posts
with care. Roberta
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John M
Super Nomad
Posts: 1908
Registered: 9-3-2003
Location: California High Desert
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Lewis & Lewis
Thanks for the update and name of the company Roberta.
Has the Lewis & Lewis office been much help or are they leaving it all to Qualitas? You've mentioned email and such, it sort of sounds as though L
& L has stepped back and is leaving it between you and Qualitas.....
Or am I misunderstanding the saga so far?
John m.
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
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nada de Lewis and Lewis
the only 'help' I have received from Lewis and Lewis was the fax number for Qualitas in TJ when I called L&L when I was unable to get any response
from the TJ office to my phone calls and emails. the woman assured me that Q would answer a fax. wrong.
I may try to contact L&L again if I get no where on the medical claims issue. any suggestions welcome. Roberta
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shari
Select Nomad
Posts: 13034
Registered: 3-10-2006
Location: bahia asuncion, baja sur
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Mood: there is no reality except the one contained within us "Herman Hesse"
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Well Roberta, you rolled your truck in the famous stretch which we call the Baja Triangle as tons of accidents happen there for no known reason but
you are one of the very few who lived to talk about it. The worst part is in front of a small ejido called Laguneros between Guerrero Negro and
Vizcaino. Straight stretch with tons of crosses on the shoulder....very strange things have happened there indeed. I take extra caution driving that
part.
I used to live in Guerrero Negro and helped translate for the insurance folks, hospital and police when accidents happened (I was pretty busy) One
problem is that after an accident, everything gets stolen from your car, usually from the first to arrive...red cross or policia or lookyloos...so try
to take everything you need with you if you are concious and yeah take lots of pictures and if there are any witnesses pay them to come with you to
report it. Make sure you get someone to translate cause nasty stuff happens if you don't. I once met a guy who got run off the road and then the
people who had some mexican hitchhiker with them got him to make up a story that the victim caused the accident and he went to jail for quite a few
years...bummer...so call me if you can't get any other help. You really need a translater as a little spanish won't cut it. I have seen lots of folks
who could not contact their insurance companies when they needed to. the best baja advice is to drive SLOW....if ya drive too fast ya flip! Also if
you DO drop a tire off the pavement keep going down and dont try to get back on the highway even though it's the natural reflex. BE careful.
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rhintransit
Super Nomad
Posts: 1588
Registered: 9-4-2006
Location: Loreto
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thanks, Shari...
interesting re the Baja Triangle effect. you know, I had just filled up in Vizcaino, after long long wait for gas. had parked the car in front of
the little quick stop shop, went into restroom, then bought water, snacks, etc. the funniest thing...and I am not normally at all paranoid...when I
walked out to car, in clear view of a lot of people, I got a strange feeling...wondered if someone messed with the car? only interesting in
retrospect. has there been any question/thought at all to sabatoge or such in the area, in Vizcaine or objects, nails or such paced on roadway?
especially with all the unexplained acidents?
there was zero reason I can think of/find for the accident.
people who stopped were most kind, though most simply wanted to know...muerto? but maybe they were just looking for 'salvage rights.' I prefer to
think not.
the Federale and tow truck arrived at the same time, so nothing missing. except the gas tank, which was full was on empty in the junkyard. maybe
they need to empty it to safely tow???
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TMW
Select Nomad
Posts: 10659
Registered: 9-1-2003
Location: Bakersfield, CA
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My experience with Mexican insurance is to be patience but persistent. Don't wait for them to act. You have to move them along.
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