dug - 7-3-2004 at 09:08 PM
Accident report
Thursday we were driving from Mision San Javier to Loreto when a Toyota pickup came around a corner on our side of the road and hit us. We had enough
time to pull to the far right of the road and stop before we were hit. We were in a Ford F-150. The left bumper of the Toyota hit our left bumper. The
Toyota suffered more damage than we did. We had seat belts on, the three men in the Toyota didn?t. One hit and broke the windshield suffering a cut
that stopped bleeding as soon as he put some tissue on it. That was the only injury.
I was a passenger and started taking photos immediately so we could document the situation. The Toyota driver immediately took some beer cans from the
bed and threw them over the side of the road. I took photos of that. The Toyota driver started demanding that we pay because it was our fault. The
driver and I pointed out that the evidence was clear. Our truck was against the rocks on our side of the road and he was 1.5 car widths from the right
edge of his side. Our tire treads marks in the dirt showed we didn?t skid. His showed his truck skidding into us.
We were out of cell range to Loreto so we used our Satellite phone to call the Loreto Police. They arrived promptly, in about 20 minutes. They asked
for drivers license and insurance papers. The Toyota driver had neither. The police talked with each driver, took measurements and made notes,
including a sketch of the road, the curve, the location of each vehicle and the tire marks. They told us that if we could agree on who would pay the
damages, they would drop the matter and leave it to us. The Toyota driver insisted that we had to pay for his truck and we didn?t agree to that so the
matter went to the next level.
We were able to drive so they told us to meet them at the Police station. We asked if we could take the truck to the house to empty it first if it had
to be impounded and they agreed. The Toyota needed to be towed. At the station we were told the vehicles would have to be kept overnight and the next
morning (it was now about 9 pm) the Public Magistrate would read the report, hear arguments and make a decision of guilt. We went to the house where
we were staying.
Friday morning we had several photos printed and we went to the station and the police commandant showed us the report that stated the Toyota driver
was at fault. The commandant said the driver had no money and would have to sell everything he had to pay for our truck. We said we didn?t think that
was necessary and would take care of our truck as long as we were cleared of responsibility for the other truck. The commandant said that if we had
made that known last night, they wouldn?t have impounded our truck. Since we hadn?t seen his report, we didn?t know for sure that we would be cleared.
With that decision, the case didn?t have to go to the Public Magistrate. He attached our photos to his report, gave us a copy. and we drove the
damaged truck back to the house. The police were professional and efficient.
The Ford was insured through Lewis & Lewis. We called the 800 number and they said they would contact their nearest adjustor who lived in Ciudad
Constitucion. We told the adjustor were planning to leave Saturday morning and he said he needed to talk with the driver as well as see the truck
which was staying in Loreto where the owner has a house. He promised to be at the house at 8 am. He arrived at 7:59, spent about an hour filling out
forms, asking questions, and taking photos of the damage. He said that if the truck went to the US for repairs, it would have to be cleared with the
Tijuana office. He was also efficient and professional. When we left, the owner of the Ford hadn?t decided where to get it repaired since it was only
body damage. I don?t know yet how quickly the insurance will pay but everything was handled well up to the time we left. We, including the driver but
not the owner, were planning to drive home in my pickup and left about 9:30 for home.
All three in the Toyota were friends of the Police Commandant in Loreto. The two passengers were park rangers for the marine and natural reserve area
in Loreto. One passenger was a nephew of the commandant but none of that appeared to affect the outcome. I give the Loreto police high marks for the
way they handled this.
Dug
Baja Bernie - 7-3-2004 at 09:20 PM
Glad it turned out the way it did. As a retired Police Captain of Traffic it sounds to me like those guys were very professional and should be
recognized for that. Why don't you write a letter to the Govenor of Baja Sur and let them know what you put in this email.
I love Baja and am so glad that you wrote this because we usually only hear horror stories.
By the way you also did everything right. Pictures--skid etc.
Hope you had fun in spite of the accident.
Skeet/Loreto - 7-4-2004 at 05:26 AM
Thank you for the Report;
A letter to the Office of Tourism in La Paz would also be a kind Gesture.
Skeet/Loreto '' In God I Trust"
From reading this post
jrbaja - 7-4-2004 at 07:45 AM
you would think it's the weirdest thing in the world for the Mexican Police to act professionally.
Whenever we have needed the police for anything, we have had the exact same outcome, professionalism.
I think that perhaps some of you spend a little too much time in the "seedy" areas for you to have an idea that "all Mexican cops are corrupt". Or
you believe what the u.s. media has to say about their neighbors. Wrong!
Most of the police down here are very honest and caring individuals. They have families, morals and a sense of justice for what is right and wrong.
Period.
Wake up people, it's not as corrupt down here as some seem to believe.
JR
Baja Bernie - 7-4-2004 at 08:07 AM
Very well said.
FrankO - 7-4-2004 at 08:08 AM
It reads as pretty objective to me. Are we a bit sensative this morning?
TMW - 7-4-2004 at 09:30 AM
Excellent report. My dealings with the local police have always been very professional. The only problems I've had were with the Federales. In one
case involving my son rolling his truck the head of the Federales in Mexicali asked for $200 for him and $20 for his assistant, in cash, for a one
page report for the insurance company. As he said it takes time to do it. It took maybe 5 minutes. Neither one would speak to me in English but talked
to my friend in Spanish only. Everyone else, local police, insurance people, impound yard security etc talked to me in English.
The last time I was in a wreck the Federales in TJ again were the only ones who would not speak to me in English, so again I had my friend do the
talking. However this time they didn't ask for money for the report. So things did improve.
HotSchott - 7-4-2004 at 10:55 AM
It is through posts like this that the stereotypes are being eliminated. Reading this makes me feel very positive that justice is regularly served on
both sides of the border. There are good cops and bad cops in both the US and Mexico.
My experiences in Mexico and generally, my expectations are for all Mexican Police and Federales to act with the integrity and professionalism
described in the post as normal and not exceptional. But hearing about it is good for some people that have only heard the negative stuff and horror
stories of bad experiences.
What is disturbing is that the people driving the Toyota are also very typical of my experiences in Mexico. Although they were clearly at fault and
probably drinking, they tried to pass the blame on to the Gringos. There is nothing exceptional there at all. And these guys were park rangers! In
the US, a park ranger is basically a cop. I'm glad these guys didn't see themselves as law enforcement. My interpretation is that the whole
situation could have been much worse if Dug and friends had not been snapping pictures, didn't have the ability to call the police, or lost their
cool.
Maybe the Mexican Police are 'stepping up' to a higher standard, but I am not letting my guard down with respect to the average citizen. I love Baja
and generally I love the people, but this story could have had a completely different ending if the people in the Ford were intimidated and not on the
ball. A person's ethnicity and economic status have nothing to do with accepting responsibility.
If the Americans had caused the accident and happened to be poor, nobody in Loreto would give a crap if their kids didn't have food because they had
to pay for an accident they caused while they were drunk and driving without a license and no insurance. They would be guilty - end of subject.
That is the double standard which every American faces in Mexico when they get behind the wheel of a vehicle.
Hats off to the Public officials in this case that saw the obvious truth and served justice. At the same time, I'll bet the Mexican that was driving
the Toyota didn't pay a fine for causing the accident, won't pay to fix the damage he caused, won't get a drivers license and probably already has
more beer cans in the back of his truck.
Steve
Schot
Skeet/Loreto - 7-4-2004 at 03:17 PM
It is the same here with the har working Mexicano who comes across the Border, to work and try to make a Better Life, just as the Americano who goes
to Baja to have a Better Time.
In this area there was a real Scam where Scumbags dressed as Border Patrol , Took money from them ,let them go after they
Paid Out".
I had the occasion to help out a young Man who had his Boat side swiped near Juancilto by a Couple of very Drunk Mexicanos.The Adjustor{Carlos}
handled it properly, The judge in Constitution made the Fair and Correct Judgement, not based on Politics as the 9th Circuit Court in the States
United.
It did take some more time, as Loreto only had three Telephones, and the Road had just opened.
In my many years in Baja I have found the People to be 'Good people of Family Values, that has changed somewhat due to the Americano and Canadain
ifluences, TV, etc.
So Go to Loreto, Catch some of those 'Devastated Fish", get to know the People and you will come Away with a better outlook on Life.
Skeet/Loreto
"In God I Trust"
Not so happy accident story
thebajarunner - 7-4-2004 at 03:17 PM
20 years ago we had happily completed a Baja 1000 and my partner, Jack, decided to make a run down the mainland coast.
He purchased a policy from Oscar Padilla at the border, had a great week, en route home ran over a mentally retarded man on the highway in Los Mochis.
(this was not the first time the poor wretch had been hit on the road- but it was his last, sad to say)
Anyway, Jack accompanied the local officials to the jail where he was interviewed and the O.P. adjuster showed up. The adjuster demanded a personal
fee, Jack refused, 8 days later he finally got released from jail.
Jack made the best of it, actually wrote a lengthy report of the incident in the book that we wrote "Racing's Real McCoy."
And, the ensuing lawsuit, conducted in Los Mochis, actually paid him back for some of his difficulties.
So, it is not always a positive, even with the insurance. A couple hundred bucks would have saved a long sit in the 'cross-bar hotel' but Jack is a
man of principle and refused.
Baja Arriba!!
tim40 - 7-4-2004 at 05:20 PM
We have had nothing but wonderful interactions with the police types all over Baja. I know others have other incidents to share.
The Toyota truck
Cyndarouh - 7-5-2004 at 08:01 AM
Did you happen to get the vin number on the toyota truck? Thats if there was a vin still? Ours was stollen last year end of July at La Salina Del Mar.
Just wondering always looking. Glad this turned out well for you.
dug - 7-10-2004 at 07:06 AM
I didn't get the VIN but will send a photo if you contact me by U2U.