BajaNomad

Lewis and Lewis Car Insurance in Mexico

Whitehorse - 1-7-2011 at 10:22 AM

We are new Forum users, and badly need information and advice. Our car was rammed and totaled in Tijuana almost 2 months ago, and both her insurance and ours (total coverage with Lewis and Lewis), are putting us off and threaten to deny all responsibility. Hers, because she was letting her Mexican boyfriend drive, and ours because we went to the TJ police before contacting the TJ adjuster. (Our agent is in La Paz). We are asking for other experiences, both good and bad...particularly with Lewis and Lewis (which we find is really Qualitus).

TMW - 1-7-2011 at 10:30 AM

Read your policy carefully. I believe it will state that you are to notify the insurance company of the accident before leaving the country. Going to the police first makes no difference. Usually they are on the scene pretty quick anyway. You may need to talk to the home office, go over your agents head.

longlegsinlapaz - 1-7-2011 at 10:35 AM

Use the search function for both "Lewis & Lewis" & "Qualitas" There's a lot of info posted about both here on Nomad. Lewis & Lewis is the agent/broker....Qualitas is the insurance company Lewis & Lewis insured you with.

Sorry for the frustrating dilemma you're in!

Good Luck !

MrBillM - 1-7-2011 at 10:38 AM

A recurring theme I've heard over the years from those who have had claims on Mex Auto Insurance (whatever the company) has been difficulties with those who Didn't follow the Rules laid out in the Policy. Mexican policies are notable for requiring strict adherence to those rules.

As in many areas, Gringos are notorious for not paying attention to the rules. Back home, there are CONSTANT complaints regarding Health Insurance which boil down to violating the RULES written in the policies.

I earlier had a question regarding the broker Lewis & Lewis because their "Qualitas" coverage was the least expensive and, as a result, I just purchased a Full-Coverage policy for six months. Hopefully, I'll never know the QUALITY of Qualitas, but you never know.

The FIRST of the two examples cited is a sound reason for having a problem. My policy is quite clear over WHO can drive and Mexican Nationals are excluded.

Russ - 1-7-2011 at 10:47 AM

Usually with Lewis & Lewis if there is a problem one of their people will step in for you and talk with Quantis. Have you spoken with them? If so, post the persons' name here and we can make some phone calls about their service and renewing our policies if you are not satisfied with the service person representing you. It may help. I've been with them for over 12 years with multi vehicles.

sancho - 1-7-2011 at 11:17 AM

I have an L&L libility policy, letting a Mex National drive
under most/all Mex Ins policies would surely violate the Terms and
Conditions, which as pointed out, should be read by
all Policy holders. I believe it states, with L&L, if involved in an
incident first call the 800 #, which I believe is in Mex City.
But I don't see where having TJ Police writing a report
would give Qualitis any grounds to deny anything.
I've heard good and not so good reports with all
Mex Ins Cos., there is not 1 that stands out as being
100% behind their policy holders, I think they often
look for LEVERAGE. Jim Lewis has a good reputation,
try to get intouch with him directly. However the US
Brokers are just a middleman, a sales Co., they MAY
not have as much influence over the Mex Ins Co they represent as many Gringo Policy holders believe
I'm sure you have thaught of this, but some US Ins Cos
will honor the Collision part of your US Policy in Mex,
at least for a certain # of miles into Mex. Not the libility
part but the collision part

[Edited on 1-7-2011 by sancho]

You Get What You Pay For?

Bajahowodd - 1-7-2011 at 02:31 PM

Quote:
Originally posted by MrBillM
A recurring theme I've heard over the years from those who have had claims on Mex Auto Insurance (whatever the company) has been difficulties with those who Didn't follow the Rules laid out in the Policy. Mexican policies are notable for requiring strict adherence to those rules.

As in many areas, Gringos are notorious for not paying attention to the rules. Back home, there are CONSTANT complaints regarding Health Insurance which boil down to violating the RULES written in the policies.

I earlier had a question regarding the broker Lewis & Lewis because their "Qualitas" coverage was the least expensive and, as a result, I just purchased a Full-Coverage policy for six months. Hopefully, I'll never know the QUALITY of Qualitas, but you never know.

The FIRST of the two examples cited is a sound reason for having a problem. My policy is quite clear over WHO can drive and Mexican Nationals are excluded.


My experience has been that when comparing quotes from several Mexican insurers, the cost for similair coverage doesn't vary too much. It's when one is adding the bells and whistles, such as airfare home, that substantially affects the costs.

That said, Sancho has a point. Not sure about these days, but there was a time when I recall my US insurance did cover the physical damage for anything occurring within x miles from the border. However, that was a number of years ago, before the proliferation of non-standard companies that offered lower cost coverage for policies that had restricted coverage. It was mentioned that this happened in Tijuana. Whitehorse should check their US policy, or call their agent.

larryC - 1-7-2011 at 03:21 PM

I am a policy holder with Lewis and Lewis, and luckily have never had to turn in a claim. My neightbor in BoLA is also a policy holder with both his auto and home ins through Lewis and Lewis. Recently his house was broken into and about $20,000 worth of tools, outboard motors, and household stuff was taken. He turned in a claim with the ins co. and had all the paper work in order, police report etc. His max protection was for $8,500. Which their losses exceeded by far. When they turned in the claim to the ins co they didn't hear anything for quite awhile, (more than 6 mo.)they asked Lewis and Lewis for help in getting the ins co to respond but Lewis and Lewis were no help what so ever, just ignored them. Finally the ins co responded with an offer of $3500 dollars minus some fees so the settlement ended up being right at $3100 on a loss that should have paid them $8500. For that reason I am cancelling all of my ins that I have through Lewis and Lewis.
I sure hope you fare better. Please keep everyone here posted on how it turns out for you.
Larry

absinvestor - 1-7-2011 at 03:58 PM

I've seen enough. I have used Lewis and Lewis and BajaBound. I have never had a claim but the comments regarding Lewis and Lewis are not encouraging. Service is more important to me than a few bucks in premium. I'll be buying my next policy from Baja Bound and hope I never claim to test their response. Ron

Whitehorse - 1-7-2011 at 04:20 PM

Thanks for the input. To tell a bit more of the story...we have lived in the Baja for 6 years, and my husband has dual citizenship. We were returning from San Diego, crossed the border, and just leaving TJ, going a normal speed when rear-ended. The impact was so great that it spun us around 4 times skidding from one side to the other and coming to a stop finally crosswise across heavy traffic, and only luck and my husband's good driving kept us from going over the edge and rolling. (We do feel very lucky!) Our cell phone was lost in the impact, and doors had to be pried open to get us out. The police came in about 45 minutes, we did not think it safe to sit in the rain on the highway and we spent most of the rest of that Saturday in the police station. (The police were quite polite and helpful). The driver of the other car admitted blame, and insurance for both was copied. Her insurance was current and did cover 75 miles into Mexico. However, her boyfriend was driving.

We signed only one document...the signatures required on the police report. By this time, it was still raining, Saturday night, our car was barely drivable, and we started slowly home. It was a BIG mistake to so, but our (ignorant) thinking was that our agent was in La Paz,we were still shaking and it was already the weekend, and we did not want to spend nights in Tijuana. This is the point and our mistake that will probably do us in.
My husband has called Jim Lewis many times, and he has been quite nice, saying that we were in shock, not to blame, it was raining, and going home a small point, but now he says that because we did so, we basically have no claim. And because the other driver was not the owner of that car, we were hit by uninsured car. If there is no settlement, this has been a very hard lesson, even if we didn't follow the correct procedures. We've paid full coverage premiums for almost 5 years, and never had a claim.
Thanks for the comments.

goldhuntress - 1-7-2011 at 05:12 PM

I had a accident in Ensenada and had Qualitas thru Lewis and Lewis. They did pay the claim but I had to have my truck fixed in TJ and they did a crappy job. I had to leave it for 2 weeks, the paint peeled so I took it back for a couple more days and by the time I got to San Diego and stopped to have lunch, the paint was peeling. So, they said OK, get an estimate an we will pay, so I did and guess what? That's right, they wouldn't pay. I haggled, talked to Mr. Lewis but finally gave up. They accused me of having another accident which I proved wrong of course. They're slime bags. And yes Mr. Lewis is always nice and helpful but I think he's just very practiced at it, yanks your chain and never actually gets results.

Just my 2 cents

bajaguy - 1-7-2011 at 05:13 PM

One word (or maybe two).......Bajabound

http://www.bajabound.com/

Geoff is always there!!!!

flyfishinPam - 1-7-2011 at 05:27 PM

Quote:
Originally posted by Whitehorse
Thanks for the input. To tell a bit more of the story...we have lived in the Baja for 6 years, and my husband has dual citizenship. We were returning from San Diego, crossed the border, and just leaving TJ, going a normal speed when rear-ended. The impact was so great that it spun us around 4 times skidding from one side to the other and coming to a stop finally crosswise across heavy traffic, and only luck and my husband's good driving kept us from going over the edge and rolling. (We do feel very lucky!) Our cell phone was lost in the impact, and doors had to be pried open to get us out. The police came in about 45 minutes, we did not think it safe to sit in the rain on the highway and we spent most of the rest of that Saturday in the police station. (The police were quite polite and helpful). The driver of the other car admitted blame, and insurance for both was copied. Her insurance was current and did cover 75 miles into Mexico. However, her boyfriend was driving.

We signed only one document...the signatures required on the police report. By this time, it was still raining, Saturday night, our car was barely drivable, and we started slowly home. It was a BIG mistake to so, but our (ignorant) thinking was that our agent was in La Paz,we were still shaking and it was already the weekend, and we did not want to spend nights in Tijuana. This is the point and our mistake that will probably do us in.
My husband has called Jim Lewis many times, and he has been quite nice, saying that we were in shock, not to blame, it was raining, and going home a small point, but now he says that because we did so, we basically have no claim. And because the other driver was not the owner of that car, we were hit by uninsured car. If there is no settlement, this has been a very hard lesson, even if we didn't follow the correct procedures. We've paid full coverage premiums for almost 5 years, and never had a claim.
Thanks for the comments.


I just want to confirm the above as completely true. I know whitehorse and they are getting the run around from Lewis and Lewis.

what makes me angry about this is that they are being blown off by Mr Lewis himself. so my question is when you are purchasing full coverage why the hell aren't you getting that coverage when an accident happens? what the hell are they paying for? as any foreign car who drives in Mexico needs to purchase this stuff, what the hell are you actually purchasing?

the other driver hit this couple, and clearly made a hard impact into their vehicle which was claimed as "totaled" by the la paz adjuster for Lewis and Lewis. that other vehicle was also damaged but they were a CA plated car covered by a US insurance policy and apparently not by Mex insurance policy. a Mex national was driving the car with the owner in the passenger seat, when they hit my dear friends! I am so sorry to hear these details of the accident but thank goddess you weren't hurt! we love you!

but now for you folks who try to follow the rules and purchase this crap insurance because you have to...WTF? how can you control when someone else hits you? what if someone were hurt or killed? I'd be asking Lewis and Lewis WTF if I were holding one of their policies...and I'd hold them to it.

we as consumers have to stick together and support each other we don't have to be screwed

for what its worth!

feliz año nuevo

Pescador - 1-7-2011 at 05:31 PM

Since I was an agent in my past life, several things come to light here. First, I have a lot of respect for Jim Lewis personally and none of this is really an issue of what a Surplus Lines Broker is able to do or not do. The issue becomes what happens with "Subragation" which means that your insurance, Qualitas and the other person's insurance are able to work out. The mexican law is quite clear and if the person who hit you is at fault, then they are financially responsible for your damages and I am a little surprised that the police released this guy until his responsibilities were taken care of. Normally, he goes to jail until financial responsibilities are taken care of. I know, you can not get money out of a dead turnip, but you probably need to at least investigate that avenue. Now, you need to check your policy and make sure that you have coverage for uninsured motorists, if you do, then you have a claim with Qualitas and can pursue it from that point.
I had a claim with Qualitas and went to the adjustment office in Ensenada to get an estimate for repairs. It came in very low so I made sure I took lots of pictures and then went to 4 reputable repair shops in Ensenada and obtained written estimates for their repair. They were all within 100 pesos of each other so when Qualitas said I could take it to the US for repair, but they were only going to pay their estimate (which was the same amount as my deductible) I sent them registered copies of the estimates with photos. They settled very close to the amount of the 4 independent shops.
Insurance companies are not regulated to the same degree in Mexico as in the United States and you need to carefully read the policy and ask questions of your broker, no matter who that is. I have a friend who has filed a formal complaint with the home insurance that is sold through Bancomer Banks since they just refused to pay for legitimate repairs following Hurricane Jimena. So far nothing has happened and I would guess it will be difficult to get anything out of the insurance company. In my experience Qualitas is no worse nor any better than any of the other companies. I currently do not insure for collision and prefer to cover myself legally for liability only, but that does not always work for everyone.

Bajahowodd - 1-7-2011 at 05:33 PM

The bottom line here is that the vast majority never have to file a claim. And their recommendations, based mostly on price and convenience are really not helpful when it comes to making a decision as to who to do business with. JMHO

marv sherrill - 1-7-2011 at 05:39 PM

Rolled a brand-new truck in 92 - had Lewis and Lewis - and Oscar Padilla ins.- I could not get a settlement for 9 months - had to pay $525 every month on a dead truck -and ended up with ultra low blue book. L and L simply no help - go with Discover Baja or others who have a working partnership with the Insurance company and not a broker - buyer beware - you might save a few bucks but its not worth it in the long run -

wow

baronvonbob - 1-7-2011 at 05:49 PM

The words are so true, that we judge by convenience and price! I need to renew my policy and now I am concerned as to whom to use.

Hook - 1-7-2011 at 06:23 PM

Whitehorse, WHEN did you finally contact the L & L adjuster? How many hours after the accident?

What is the SPECIFIC REASON Jim Lewis is saying he wont honor the claim? Did he specifically say it was because you went to the police station before calling their adjuster? Is it only because the driver was uninsured? A combination of the two?

We really need specifics on this. Many of us, myself included, have L & L insurance and we need to know how they operate come claims time so we can make our decision come renewal time.

DirkEXC - 1-7-2011 at 06:54 PM

All I can say is wow, I am currently an agent and have been for the last 22 years. Going direct with a company only gets you a claims team and you never talk to the same person, good luck with that.

I think there are a couple of issues going on here. First we need to know the specific reason they are denying your claim. It is usually because you left Mexico and reported the claim but you did not do that so why are they denying your claim. Once we know that we have something to work with. If he is denying you claim for a bogus reason confront him on it, educate him on the policy language and force him to process the claim.

Second he problbly get a bonus at the end of the year if his claims are low so he probably tries to blow off as many claims as he can to see if you will just go away. Stick to you guns find out the reason for the denyal and lets go from there.

bajalou - 1-7-2011 at 07:36 PM

Quote:
Originally posted by DirkEXC
I think there are a couple of issues going on here. First we need to know the specific reason they are denying your claim. It is usually because you left Mexico and reported the claim but you did not do that so why are they denying your claim.


As I read the report I believed they returned to the USA before reporting the claim tothe insurance company.

[Edited on 1-8-2011 by bajalou]

David K - 1-7-2011 at 07:39 PM

Quote:
Originally posted by marv sherrill
Rolled a brand-new truck in 92 - had Lewis and Lewis - and Oscar Padilla ins.- I could not get a settlement for 9 months - had to pay $525 every month on a dead truck -and ended up with ultra low blue book. L and L simply no help - go with Discover Baja or others who have a working partnership with the Insurance company and not a broker - buyer beware - you might save a few bucks but its not worth it in the long run -


It is possible that Baja Bound does also, but the insurance sold by Discover Baja covers your vehicle repairs to be done in the U.S. (or Canada).

TMW - 1-7-2011 at 08:27 PM

Quote:
Originally posted by Whitehorse
Thanks for the input. To tell a bit more of the story...we have lived in the Baja for 6 years, and my husband has dual citizenship. We were returning from San Diego, crossed the border, and just leaving TJ, going a normal speed when rear-ended. The impact was so great that it spun us around 4 times skidding from one side to the other and coming to a stop finally crosswise across heavy traffic, and only luck and my husband's good driving kept us from going over the edge and rolling. (We do feel very lucky!) Our cell phone was lost in the impact, and doors had to be pried open to get us out. The police came in about 45 minutes, we did not think it safe to sit in the rain on the highway and we spent most of the rest of that Saturday in the police station. (The police were quite polite and helpful). The driver of the other car admitted blame, and insurance for both was copied. Her insurance was current and did cover 75 miles into Mexico. However, her boyfriend was driving.

We signed only one document...the signatures required on the police report. By this time, it was still raining, Saturday night, our car was barely drivable, and we started slowly home. It was a BIG mistake to so, but our (ignorant) thinking was that our agent was in La Paz,we were still shaking and it was already the weekend, and we did not want to spend nights in Tijuana. This is the point and our mistake that will probably do us in.
My husband has called Jim Lewis many times, and he has been quite nice, saying that we were in shock, not to blame, it was raining, and going home a small point, but now he says that because we did so, we basically have no claim. And because the other driver was not the owner of that car, we were hit by uninsured car. If there is no settlement, this has been a very hard lesson, even if we didn't follow the correct procedures. We've paid full coverage premiums for almost 5 years, and never had a claim.
Thanks for the comments.


I'm assuming you have US Insurance too and if so maybe it will cover your vehicle. Some do, my Alstate insurance covers my vehicle within 75 miles of the border.

flyfishinPam - 1-7-2011 at 09:12 PM

Quote:
Originally posted by bajalou
Quote:
Originally posted by DirkEXC
I think there are a couple of issues going on here. First we need to know the specific reason they are denying your claim. It is usually because you left Mexico and reported the claim but you did not do that so why are they denying your claim.


As I read the report I believed they returned to the USA before reporting the claim tothe insurance company.

[Edited on 1-8-2011 by bajalou]


incorrecto

they have a US plated vehicle with current tags and full coverage with Lewis and Lewis. they live full time in baja and were on their way home when they were struck by the other vehicle. this took place in tijuana. at no time afterwards where they ever out of Mexico. it was Saturday night and raining heavily. they were on a multi lane road and had spun four times nearly rolling it. doors had to be pried open. police were at the scene and they filed the reports signed and have copies...

why didn't the polis take them all to jail to sort it out? who the hell knows point is they are in no way at fault and that this could have happened to any one of us. well not me, I don't have a Lewis policy but I do know I'd never consider one nor refer any future business to them. they need to make this right. I wish I could offer a good suggestion maybe someone here can, fingers crossed.

bajalou - 1-7-2011 at 10:14 PM

I see I that I misunderstood the statement.

SteveWil - 1-7-2011 at 10:18 PM

We have L&L and had dealing with them. Were in San Carlos, Main land. We pull out in front of a Mexico Driver. He went up and over a curb to avoid hitting us. There was on contact between the cars. The police were there in about 5 minutes. The Mexico Car had over $1000 US damage. By the time we got to the Police station( the police called the Insurance agents) and about 20 minutes both Insurance agent were there. We all went in to the police captain office.
Since there was not contact between the cars there was not any liability on our part, The Mex did not have full coverage so he was to pay for his own repairs. The Captain Ask if we would like to pay for some of the damage and we supply a number, our agent said we were agreeing to pay to much, we were so please not to be in the hospital ( we would have been if he had hit us) that we said that was OK. We never felt that we had to pay but want to. We were then sent out to the front desk were the clerk type up what we agree to pay and back to the Captain, I think the Captain felt we were paying to much also as he told use we could leave and no ticket. This was all out of our pocket, Other then The agent telling us what the rule were. They do play with different rules. It seem that the police captain was acting as an judge at times.

marv sherrill - 1-7-2011 at 10:31 PM

When you call the person you paid the money too and they tell you " good Luck
we can't help you' -find another agent. The Mexican agent I had listed on my policy had been dead for 3 years! I lost 2 days of work in Mexico trying to find someone to report he accident to! HEED THE WORDS OF THOSE WHO HAVE BEEN THERE - MARV

Russ - 1-8-2011 at 05:46 AM

I hope we are missing something here. Seems reasonable that if you have a police report and everyone signed it you would be allowed to return home and file a report the following day. Photos of the accident scene are always good but with a police report and photos of the damaged car there really should not be an issue. I sent L&L a note about this post and perhaps one of their reps will have some advice. I doubt they will respond here to a specific claim but may offer advice to their policy holders.

flyfishinPam - 1-8-2011 at 07:59 AM

Quote:
Originally posted by Russ
I hope we are missing something here. Seems reasonable that if you have a police report and everyone signed it you would be allowed to return home and file a report the following day. Photos of the accident scene are always good but with a police report and photos of the damaged car there really should not be an issue. I sent L&L a note about this post and perhaps one of their reps will have some advice. I doubt they will respond here to a specific claim but may offer advice to their policy holders.


I wish you were missing something but you are not. What they did was reasonable and they are getting the runaround. This happened in mid November and they've been trying like hell to get their claim approved since. Simply put, Lewis and Lewis is flat out not honoring their policy. My friends car is technically totaled with the frame bent and the rear bashed in but it is drivable. Passenger door is not able to open but they can still get around town. It can't be easy for her to squirm in and out out of the passenger seat and over the console to enter and exit the drivers side door just to get in and out. Two hip replacements and knee work in the past, no wonder she walks around town a lot now. This can happen to any of you! Stand up and fight it as it doesn't have to be this way. Lewis needs to make this right or find another clientele because ex-pats in Mexico are on to them!

DirkEXC - 1-8-2011 at 08:53 AM

This is from the Lewis & Lewis web site. In the middle it states if you can not make a report immeditately then do it online. I would think that if the police told you come to the station you would have to go.

In re-reading the original post I see they are denying the claim because you went to the police station first , that is not a lagitimate reason to deny this claim.


Claim Reporting Information
What to do in case of an Auto Accident or Auto Theft
Immediately call the Claim Hotline: 01 800 00 49600

This Mexican toll free number 01 088 00 49600 must be called from Mexico at the time of the accident or theft. For the hotline to work you must call from a Mexican Land Line or a Mexican Cell Phone only. Operators are available 24 hours a day / 365 days a year. The operators will dispatch the closest, available Adjuster.

Give your exact location, and the description of your vehicle, to the Qualitas Dispatcher.
Do not leave your vehicle, unless it is absolutely necessary.
Do not assume any responsibility, whether expressed or implied, to a third party as doing so may give the impression that you are assuming fault for the accident.
When your adjuster arrives, present your insurance policy, driverís license, vehicle registrations, and a brief account of the accident to your Adjuster.
When reporting the accident or theft to the Adjuster, please provide a specific, complete and detailed account of the incident.
Please fill out the accident report with the adjuster and have the adjuster assist in the documentation made by the Police.
Be sure to keep a business card from the Adjuster, a copy of the Adjuster's Report so that you have his or her contact information and a copy of the Police Report if possible.

If for some reason you cannot meet a Qualitas Adjuster right away, please make a preliminary report at our web page: http://www.mexicanautoinsurance.com/autoloss.html


Please provide the Adjuster with all required information, including a detail of optional equipment on your vehicle; the odometer reading; a record of mechanical service; and its condition prior to the accident so that an accurate settlement offer is made can be made the first time. If your vehicle has been involved in a crime, a police report must be filed.

If necessary, the adjuster will help provide you with the following services: Recommend an Auto Repair Garage. Please note you will need two estimates for the repair of the damage. These estimates can be from any garage of your choosing.
Provide you with a Medical Pass to the Hospital
Recommend an Attorney to represent you and initiate the assignment of legal assistance.

If you need further assistance, or follow up, after you have filed your claim, the most expedient method is to contact one of the claim managers at Tijuana Qualitas:

Victor Rodriguez Tijuana_Siniestros4@Qualitas.com.mx

Claudia Hernandez Tijuana_Turistas2@Qualitas.com.mx

Ramon Verdugo Tijuana_Turistas@Qualitas.com.mx

Telephone 011 52 (6646) 34 27 81

Telephone 011 52 (6646) 34 14 46

Facsimile 011 52 (6645) 34 68 72

Santiago - 1-8-2011 at 09:14 AM

I have a few more general questions that this issue speaks to: why are we even buying from USA reps who really have no power with the carrier?
1. How is insurance marketed and sold in Mexico? Why not buy from a Mexican citizen who is an employee (agent) of the carrier?
2. Do Mexicans who have full coverage have these problems?
3. Are claims on the liability parts just as difficult to get resolved or is it just comp/coll?
4. Some of you who live in Mexico have indicated that you buy your policy locally, is this true?
5. In the USA, insurance companies market themselves as either cheap and/or have really fast/good/fair claim services. How do they market themselves within Mexico.
6. From other reports on Nomads, Mexican banks have started giving ex-pats the type of service they are used to. Is there any sign that insurance companies are doing the same? Seems to me they would clean up.

Baja&Back - 1-8-2011 at 09:50 AM

On the other side of the coin, a guest of ours ripped up his bumper badly on a guardrail in the border lineup coming back at San Ysidro. We phoned San Xavier Insurance from the KOA campground in San Diego, and an adjuster drove ACROSS THE BORDER from Tijuana to inspect the vehicle. No problema, and the vehicle was repaired in the US.

We were all very impressed!

Whitehorse - 1-8-2011 at 10:30 AM

This will be my last post until we hear the final verdict, and then of course we will post that information. Thanks for the advice, information, and interest.
As for the accident, it was on November 20th, and we did not return to the States after our hours in the TJ police station. By the time we were through with all of the paperwork there, it was late Saturday, raining, and so we very slowly began driving to our home in Loreto. We arrived late Sunday, and called our adjuster in La Paz the first thing the next morning.
This was a big mistake (although Mr. Lewis said at first that it was a minor problem ...and quite understandable under the circumstances, but now has changed his mind). We've never before had a claim, didn't have a phone after the accident...it had flown under the back seat, (but certainly could have found one if we thought it necessary), didn't pull out our policy to check,. We believe in good karma and were naive and ignorant enough to believe that we'd done the right thing, and that itwas then up to the insurance companies to settle both claims. The other party was insured, and it wasn't until later that we discovered it wasn't valid.
The bottom line is...we are now at their mercy. Mr. Lewis is tired of us and the many telephone calls to him, and hung up on my husband yesterday, and so far nothing further has been done. Our American insurance is Farmer's,(the same company as the girl whose car hit us). they have always been good to us, but our American insurance with them is liabiltiy only, as we are only in the States for a few weeks each year. Their denial of responsibility is understandable as the girl's Mexican boyfriend was driving and hit us.

So....this has been a costly lesson for us, and the money, if lost is more than we can easily afford, but....perhaps others can benefit from our mistake, and right now, we are thankful that we are alive, well, and will go on from this, as one of life's hard (and unfair) lessons. Thanks Pam...your response touched us!

Last words....if you are in ANY kind of accident, check your policy before you do anything else.

sancho - 1-8-2011 at 10:48 AM

The libility L&L offers, $300,000 for the standard policy is
was what influenced me to go with L&L. With the full coverage
you can opt to have your vehicle repaired in the US for a surcharge.
That is all of no use if they try to worm out with a simple
technicality. I remember an RV'er on the Mainland who
had a couple incidents, his Ins Co was Genworth,
I believe is part of the GE family, (not sure of that),
he had a timely response from them, although nothing
of a large amount. With this discussion I will seek another
Insurer than Qualitis L&L

bajadave1 - 1-8-2011 at 12:39 PM

I totaled out a truck 2 years ago. I had Lewis and lewis,
Qualitas, and had almost no problem. The adjuster and body shop both agreed quickly that the truck was toast. The only problem I had was how long it took for Qualitas to send the check from the mainland to the rep in Los Cabos. Jim Lewis was very helpful in that regard. The crash was just a few miles from the airport CSL. The truck was hauled off on a tow truck. I have a feeling the big problem with your claim is having left the scene, plus the uninshured driver. he should never been released. Sorry. Jim lewis was courteous and helpful for me.
Dave

[Edited on 1-8-2011 by bajadave1]

flyfishinPam - 1-8-2011 at 01:18 PM

on the "uninsured driver" being reason to deny a claim...how many Mexican drivers are insured? crap, how many even have a driver's license or valid tags for that matter? policy holders in Mexico should be asking those questions and reading their policies carefully. chances are that if the policy period has not expired the insured can cancel and change to another company and get a refund for the unused portion.

toneart - 1-8-2011 at 02:14 PM

I think everyone who is holding an insurance policy with Lewis and Lewis needs to contact them about this specific claim.

They need to know that you are aware and concerned.

They need to use their agency relationship and influence to lean on the Mexican insurance company. Now that it has generated all this publicity, it is to be considered bad will. If they fix it they will generate good will.

They need to know that your future business hinges on their reputation for honoring claims.

They need to know that the final disposition of this claim will be reported here on The BajaNomad. I would also imagine that it will find its way to other Baja websites too.

Hook - 1-8-2011 at 03:27 PM

Great. Whitehorse has decided that this is their last post on the subject AND, YET AGAIN, DID NOT SPECIFICALLY STATE THE REASON(S) GIVEN BY LEWIS AND LEWIS AS TO WHY THEY ARE NOT HONORING THE CLAIM.

What is the purpose of posting this here if not for the rest of us to learn from it?

larryC - 1-8-2011 at 04:12 PM

Maybe, just maybe Whitehorse might be able to get some help from the California ins commission. Since Lewis and Lewis are in California and selling ins in California then they should be under California law. Maybe worth a try.
Larry

longlegsinlapaz - 1-8-2011 at 04:30 PM

Quote:
Originally posted by flyfishinPam
chances are that if the policy period has not expired the insured can cancel and change to another company and get a refund for the unused portion.


Nope!!! Been there, tried that directly with the Qualitas office in La Paz, they told me if I canceled my auto policy they would NOT refund the remaining term of the policy....and in that, they were true to their word! I figured my protection with them was virtually nonexistent, so I canceled it anyway & bit the bullet on the money.

Whitehorse - 1-8-2011 at 04:56 PM

________________________________________
I hope these summaries of our correspondence with Mr. Lewis, and with Ramon in Tijuana help to answer any questions and can help anyone else who may have an accident. The quoted copy of the police report did not copy, and is in Spanish (which is my husband's first language). Cc:__________________________________________________________________
(From Mr. Lewis)..
Did you sign an agreement with the person who was driving the car that hit
you, the owner of the vehicle that hit you, any representative of the driver
and/or owner of the car that hit you?
Did you make a verbal agreement with the person who was driving the car thathit you, the owner of the vehicle that hit you, any representative of the
driver and/or owner of the car that hit you?
If not, please send me an e-mail reply that you did not agree to anything.
If so, please send me the document or write down what you agreed to and send
it to me via scan/e-mail or fax to my Santa Monica USA office: (310) 450
0700.
Dear Mr. Lewis,
We will fax all copies of the police report and the Farmers Ins. papers
copied from the other driver, to you tomorrow morning.
I did not verbally, or in writing, agree to anything.
The only signatures sent are those on the bottom of the police report (as
required by them.)....on the left hand corner is the other driver's
signature.....Responsible Party ...(Conforme Responsable)in Spanish), and onthe right side, mine as Affected Party (Conforme Afectado).
We assumed that it was of paramount importance to contact the Tijuana policefirst, and to do so immediately, and this was done. They arrived about 45minutes later, and we spent hours in the station. They were quite kind andunderstanding. By the time we got back to our car, it was already late Saturday, and weassumed that nothing further could be done over the weekend, that our agentresided in La Paz, and we could not afford several more days staying in Tijuana
motels etc. in TJ. We contacted our adjuster, Ricardo, when we reached Loreto.

Tijuana 09 (Ramón A. Verdugo) [coord. stos. turistas] <tijuana_turistas@qualitas.com.mx>
Thank you!
Dear Ramon,
There is a police report and our Client, did not settle his own
claim with the other party. Please see the statement as
captioned below.

Good afternoon, please see the following image which is part of page 5 of the attachment. This document is not a police report, it is called “convenio de reparación de daños” (damage repair agreement) and it is signed by you, and it states “both drivers don’t require the intervention of the authority because the US company will solve it”. This document is used when the parties involved in an accident decide to take care of the accident between themselves and don’t want the authority to intervene.

This claim was never reported to this insurance company and because of this, we are now unable to recover anything from the other insurance company. If you would’ve called and report the accident, we would’ve sent an adjustor to take care of this.

Because of the information mentioned here, we must close out this claim and respectfully deny any coverage.

Regards,
Ramón Verdugo

And SO ?

MrBillM - 1-8-2011 at 05:47 PM

Qualitas was correct in denying the Claim ?

Sounds like this is WHY they say DON'T enter into ANY agreements of ANY kind before contacting their adjuster.

Pescador - 1-9-2011 at 05:25 AM

Now I am confused. Was page 5 signed or not signed. That seems to be the most relevant part of the whole process.

Quote:Good afternoon, please see the following image which is part of page 5 of the attachment. This document is not a police report, it is called “convenio de reparación de daños” (damage repair agreement) and it is signed by you, and it states “both drivers don’t require the intervention of the authority because the US company will solve it”. This document is used when the parties involved in an accident decide to take care of the accident between themselves and don’t want the authority to intervene.

If that was signed, that basically removes the responsibility of both parties to settle. Now the only recourse is to go after the driver of the other car since the signed document actually releases both insurance companies from responsibility.

Pescador - 1-9-2011 at 05:41 AM

Quote:
Originally posted by Santiago
I have a few more general questions that this issue speaks to: why are we even buying from USA reps who really have no power with the carrier?
1. How is insurance marketed and sold in Mexico? Why not buy from a Mexican citizen who is an employee (agent) of the carrier?
2. Do Mexicans who have full coverage have these problems?
3. Are claims on the liability parts just as difficult to get resolved or is it just comp/coll?
4. Some of you who live in Mexico have indicated that you buy your policy locally, is this true?
5. In the USA, insurance companies market themselves as either cheap and/or have really fast/good/fair claim services. How do they market themselves within Mexico.
6. From other reports on Nomads, Mexican banks have started giving ex-pats the type of service they are used to. Is there any sign that insurance companies are doing the same? Seems to me they would clean up.


Great questions, Santiago, and certainly very important to consider. Since I am retired and no longer active in the insurance business, I find it interesting that people generally do not read their policies or spend much time on checking procedures, even though I used to spend a lot of time explaining all the possible scenarios and things that might happen if they were in a situation where a claim might become imminent.
I do not mean to imply that Jim Lewis is not able to have any influence with the companies he represents. I am sure they have his number on speed dial and he communicates with them on a regular basis. The distinction of being a "surplus lines broker" means that the insurance being marketed, in this case Qualitas, is not registered or controlled by the California Department of Insurance, and is being sold through another avenue. If he were selling State Farm, then the buyer has a level of government protection and can make a claim with the State in the event of a misunderstanding or error. But when a policy is sold in California as Surplus Lines, then the State has no jurisdiction or control over the settlement or action of that company. In my dealings with Jim Lewis, I found him to be a very responsive and responsible agent and he did help me to settle a claim with Qualitas that needed some pressure to get done. So, I am sure he understands completely the challenges of doing business with Mexican companies that oftentimes are a nightmare of bueracratic malfunction.

Bancomer offers a home owners policy for those customers who have fideo's on their houses and a friend south of Mulege had a claim following Hurricane Jimena and was told by the insurance company they were not paying anything because the house was not built to proper standards. He is fighting with the federal insurance commission but a year later he seems no closer to a resolution. Many of the statements on this thread echo the same feeling of : "I was surprised but they did pay my claim".

So, yes there are agents who live in Mexico and sell Mexican policies, but to assume that you get no stonewalling and runaround would be a little naive about how a lot of things work down here. I have Mexican friends who have full coverage on their vehicles but I hear a lot of the same stories as I am hearing here.

vacaenbaja - 1-10-2011 at 04:26 PM

There is a list of the TOP insurers in Mexico. This list has important info such as to how solvent they are, claims paid vs money at hand etc.
I make my choice well within the top 10. that way I know that they are not hurting for cash. They are major players well funded ,often times backed by major european companies. I have had to make claims on some substancial
damages including one total loss. Even with using the best of the insurance companies,following all the stipulations, things always went painfully slow. I had good results with pay outs estimates etc. But it takes a lot of prodding and follow up. I speak spanish and found my self having to
make a lot of calls some times to branches in the USA until I fould a person who was kind enough and had the positon of power to move things
along. The only thing I did not have to worry about was if the company had
enough financial resourses. Some things you just don't want to cheap suit.
KNOW YOUR FINE PRINT. REMEMBER THAT IT IS A CONTRACT IN EVERY SENSE. Offer, Acceptance, binded by $ Consideration.

longlegsinlapaz - 1-10-2011 at 07:33 PM

vacaenbaja, do you have or could you publish how to find that top-10 list??

fishingmako - 1-10-2011 at 09:00 PM

There seems to be a lot of they said, we said, and a lot of back and forth BS going on, and because of all this I think we are all confused.

It would be really nice if someone could lay out the complete procedure as what to do in an incident such as this.

What do we need as far as insurance...coverage..uninsured..underinsured...liability...full coverage..who do we contact...what do we say???????????????????

Just lay out the complete procedure as we all can follow the road map of what to do, I really don't think any of us know the correct procedure from what the post are saying.

Just my pennies worth.

woody with a view - 1-11-2011 at 06:39 AM

it seems logical.

1. i hope to Neptune everyone is okay!
2. do whatever the cops say.
3. call the ins co ASAP.
4. where the hell is my rig, and all my stuff?

vacaenbaja - 1-11-2011 at 12:45 PM

I would go for a stronger rated company at this time.
Certainly one with better customer service.
http://insurancenewsnet.com/article.aspx?id=231253&type=...

[Edited on 1-11-2011 by vacaenbaja]

[Edited on 1-11-2011 by vacaenbaja]

toneart - 1-11-2011 at 12:57 PM

Quote:
Originally posted by soulpatch
I have the uninsured motorist protection on my insurance.....how many places are there in baja where you would HAVE to leave the scene of an accident.
I can think of a lot of lonely miles where this could occur based on the simple fact that people get injured and have to seek medical attention or you would need to find a phone to call an adjuster....it ain't like there is a phone within easy reach all the time.
If this is, in fact, the reason for denial of coverage than they are a company that nobody should be doing business with.
Also, based on a few of the posters here whose opinions I actually value I would have to say that their statements carry more weight with me than something stated by an insurance carrier. After all, they are in the business of selling so if nobody calls them on the carpet then they just keep on selling.
I will be watching for the outcome of this since my insurance is up for renewal late this year.


Here is what I posted earlier in this thread:

"I think everyone who is holding an insurance policy with Lewis and Lewis needs to contact them about this specific claim.

They need to know that you are aware and concerned.

They need to use their agency relationship and influence to lean on the Mexican insurance company. Now that it has generated all this publicity, it is to be considered bad will. If they fix it they will generate good will.

They need to know that your future business hinges on their reputation for honoring claims.

They need to know that the final disposition of this claim will be reported here on The BajaNomad. I would also imagine that it will find its way to other Baja websites too."

[Edited on 1-11-2011 by toneart]

El Jefe - 1-11-2011 at 04:26 PM

Sadly, I look at my Mexican insurance policy as a way to keep me out of jail if I am involved in an accident. A piece of paper to show to the cops. Nothing more. Therefore, I buy liability only insurance and drive vehicles I can afford to replace.

Bajahowodd - 1-11-2011 at 05:06 PM

Originally posted by Santiago
I have a few more general questions that this issue speaks to: why are we even buying from USA reps who really have no power with the carrier?
1. How is insurance marketed and sold in Mexico? Why not buy from a Mexican citizen who is an employee (agent) of the carrier?
2. Do Mexicans who have full coverage have these problems?
3. Are claims on the liability parts just as difficult to get resolved or is it just comp/coll?
4. Some of you who live in Mexico have indicated that you buy your policy locally, is this true?
5. In the USA, insurance companies market themselves as either cheap and/or have really fast/good/fair claim services. How do they market themselves within Mexico.
6. From other reports on Nomads, Mexican banks have started giving ex-pats the type of service they are used to. Is there any sign that insurance companies are doing the same? Seems to me they would clean up.

It is my understanding that Mexican insurance agents cannot write coverage on non-Mexican plated vehicles. That's the main reason for all the US based brokers that we see.

longlegsinlapaz - 1-11-2011 at 06:54 PM

Quote:
Originally posted by Bajahowodd
It is my understanding that Mexican insurance agents cannot write coverage on non-Mexican plated vehicles. That's the main reason for all the US based brokers that we see.


I've had 3 US plated vehicles insured here with 3 different insurance companies over the past 11 years. Policies were issued by Mexican insurance brokers direct....not through L & L. No claims, so too late to tell if I was actually insured....my assumption is that I was.

sancho - 1-12-2011 at 09:45 AM

I've bought a 1 day Mex Ins policy from an Agent in San Felipe to drive to the border
from San Felipe, while I was in SF, I can't remember
the details, I believe some Ensenada residents
buy through an Ins agency in Ensenada

Paladin - 1-12-2011 at 10:20 AM

A Best rated Company of B- is dog poop.
I have never in 37 worked at an Agency that would allow placements with a company rated this low.
Most Agents Errors & Ommissions insurance companies wouldn't allow coverage for companies rated this low.

And by the way the California Department of Insurance DOES REGULATE non addmitted, surplus lines companies.

Poor rated companies do pay good commissions however.:lol:

Yes I'm an Insurance Broker. I've been in the Independent Insurance Agency system for 37 years.

tripledigitken - 1-12-2011 at 10:25 AM

Quote:
Originally posted by Paladin
A Best rated Company of B- is dog poop.
I have never in 37 worked at an Agency that would allow placements with a company rated this low.
Most Agents Errors & Ommissions insurance companies wouldn't allow coverage for companies rated this low.

And by the way the California Department of Insurance DOES REGULATE non addmitted, surplus lines companies.

Poor rated companies do pay good commissions however.:lol:

Yes I'm an Insurance Broker. I've been in the Independent Insurance Agency system for 37 years.


Who do you buy your Mexican Auto insurance from?

Paladin - 1-12-2011 at 10:28 AM

Ive either flown in or gone with another person in his car.

I wont be buying from Lewis however.

flyfishinPam - 1-12-2011 at 11:28 AM

I commented before I saw whitehorses last post about the document they signed which was (I haven't seen it) explained to be a contract between the two affected parties by the ins. company. (I was told police report). Is this Tijuana SOP? If a non-spanish speaker were told to sign a "police report" and they signed this instead, then what? My friend's husband is a Spanish speaker (Spanish first language) and this eluded him apparently.

On foreign plated cars in Mexico:
why live in Mexico for so many years and not import vehicles? There are people who have lived here for well over a decade and all their vehicles are foreign plated (many with expired tags). why? is it because they don't really live here or?? Is US purchased Mexican insurance really meant for temporary travel into Mexico or is it OK for a vehicle that's left here full time? there are local insurance agents here but the service is pretty poor from what I've experienced and I do not know if they have coverage for foreign plated vehicles. What kind of police report would we be obliged to sign if a problem occurred? would we understand it and would we be obliged by the conditions and how would our insurance company interpret it? should we all become fluent in spanish and be experts in Mexican legalese...after all all valid contracts in Mexico are en puro español, inglés es invalido... aggghhh

I have more questions than ever I'm afraid.

I hope my friend's can get their claim approved and that everyone can learn from this.

vacaenbaja - 1-12-2011 at 12:25 PM

The company that paid my total loss at the correct US market value to my
region was Seguros Comercial which I had bought through International Gateway brokers. At the time Seguros Comercial was A.M. "A" rated, well funded and backed by a Dutch company ING I believe, who held a forty
percent share of the business. I think that ING has since taken a majority
share and this company is now among, if not the largest Insurance Company in Mexico.

oladulce - 1-12-2011 at 12:40 PM

Quote:
Originally posted by flyfishinPam

On foreign plated cars in Mexico:
why live in Mexico for so many years and not import vehicles? There are people who have lived here for well over a decade and all their vehicles are foreign plated (many with expired tags). why? is it because they don't really live here or?? Is US purchased Mexican insurance really meant for temporary travel into Mexico or is it OK for a vehicle that's left here full time? ...


HDI seguros offers Tourist and Mexico resident policies for US plated vehicles. We paid more for a "Resident policy" this year because we're now here full time. Their "tourist policy" covers you 90 days/year and specifically states that a claim will be invalid if your vehicle is discovered to be in country longer than that. How would they know?- we didn't want to take a chance. Our 2008 Silverado is too "new" to import in to Mexico so we maintain US plates. We wouldn't drive with expired tags- the cops are set up in Insurgentes/Constitucion and we get stopped for registration checks all the time. I can't answer for others.

Jefe and Soulpatch got me thinking about the costly full coverage policy we get. Obviously we need the liablilty, but I usually get the full boat in case of theft more than anything. We'd be s.o.l. if our truck was stolen now that we're down to only one vehicle since retiring. I wonder if Mexican insurers are good at paying out in case of total theft? It would sure save a bunch to go with liability only.

toneart - 1-12-2011 at 01:05 PM

Quote:
Originally posted by vacaenbaja
The company that paid my total loss at the correct US market value to my
region was Seguros Comercial which I had bought through International Gateway brokers. At the time Seguros Comercial was A.M. "A" rated, well funded and backed by a Dutch company ING I believe, who held a forty
percent share of the business. I think that ING has since taken a majority
share and this company is now among, if not the largest Insurance Company in Mexico.


I believe Seguros is or was owned by Carlos Slim. In their homeowners' policies, they arbitrarily disallowed many many items of loss, at the discretion of the adjuster, with those of us who were insured in Mulege during Hurricane John.

All adjusters are contract personnel and are not employees of the company. They are compensated according to how much they can screw you out of. We eventually received less than half the total of our claims. It took a long time because the adjusters would not answer our communications. The agent in Santa Rosalia tried for us but finally she quit selling H.O insurance because of her frustration with the company.

I had keep calling by phone to the home office and to the adjusters. I kept bugging them until they finally paid. Also, they had said they would deposit it in my U.S. bank account, in U.S.$. I had no Mexican Bank Account. They did not. They sent it in Pesos to the agent in Santa Rosalia. What a hassel trying to get that cashed. A Mexican friend finally ran it through his bank and paid me in pesos.

Conversely, we had good results with GNP during Hurricane Julio. But they were so late in paying that I did not buy a new policy before Hurricane Jimena, the worst Hurricane in history to hit central Baja. That was in 2009. All losses were out of pocket. Those who did hold policies during that year were paid and satisfied with GNP's performance.

Their agent is a good guy. He is in El Paso, Texas. I did buy a policy from him for 2010, but alas, no hurricane occurred.By the way, they are still insuring our casitas.:yes: