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Whale-ista
Super Nomad
Posts: 2009
Registered: 2-18-2013
Location: San Diego
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Mood: Sunny with chance of whales
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Final update: insurance claim process, after being rear-ended in Colonet last year
Final report on 2016 car accident near Colonet
Been meaning to post a wrap-up after the accident in early January last year, to help others who are contemplating insurance choices for travel into
Baja. Happy to report the employees at Discover Baja helped with the final claim. They collected my information, contacted the insurance company, and
stayed in good communication with me when additional information was needed.
I had purchased my policy via Discover Baja in San Diego, and this was the first (hopefully only!) time I needed to file a claim, after many years of
driving around the peninsula.
As the photos in this post show- my vehicle was ok, but the car that hit me was likely totalled. And my neck/back/shoulders absorbed a lot of force
from the impact, so my claims were for medical injuries, not vehicle repairs.
I waited a full year to file the final papers, after being advised whiplash injuries can linger- and they did. (I had up to 2 years to turn in all the
final documents.) I had periodic physical therapy treatments for several months, just to be sure everything was back to pre-injury status before
turning in the documents and requesting reimbursement.
They did reimburse for all the treatments, exams, X-rays etc., based on the receipts I submitted. However, I was out of pocket for those bills until I
submitted my claim. The insurance provider reimbursed me AFTER I paid for all medical services, so keep that in mind as you evaluate different
insurance policies- the Discover Baja plan requires you to use your own resources and get reimbursed.
Enjoy your travels, have fun- and be careful out there- especially if driving with muddy, rainy and/or stormy conditions.
---------------------------
(Long repost with update. I took the first one down to confirm some of the information and I've added that to the update at the end. )
Sorry to report I was rear-ended by small Hyundai (?- not Kia as first posted- but hard to tell after accident) car while stopped at the only signal
in town of Colonet about 150 miles south of border. My initial thought was: fortunately I just purchased insurance from HDI Seguroz via Discover Baja
Travel Club.
Police arrived within a half hour. Insurance was notified. It was raining. Road muddy and slick but light traffic.
I saw the car coming behind me and realized it was moving too fast. I took my foot off the brake and considered driving through the intersection which
fortunately was empty. By the time I considered that it was too late- the car hit me directly. However, I think that taking my foot off the brake
helped avoid more damage.
I have about a 3 inch lift on my truck so the car hit down low against my tow hitch instead of higher on the body of the truck. After the collision I
slowly drove to this shoulder of the road and parked in front of a drugstore. When I got out and looked at the car in the intersection its front hood
was crumpled and grill crushed. I was afraid to look at my truck.
However when I walked around to the back I saw no damage. The light lenses were intact. There was no obvious damage to the bumper. But the other car
is likely totaled.
I am worried about my neck and back. I Will need to be checked out in San Diego - me and the truck.
Now for the bad news about Mexican insurance and liability. There was no doubt the other driver was at fault. I was at a complete stop when she rammed
into me. But I was told by the federal police and the insurance company that in order for any evaluation of damage and claims to be done I would've
had to drive back to San Quintin and surrender my vehicle to the federal police for an investigation.
Apparently they would have impounded my car indefinitely to do their own independent analysis before I would be allowed to return to San Diego to have
it inspected again.
Likewise I was told I had to see a local doctor and if I am injured I can only be treated by doctors in Mexico. (note: the adjuster mentioned she had
a friend or a relative who is a doctor, which set off some red flags for me)
The additional cost of staying more days in Mexico and paying for hotels etc. would not have been covered by the insurance company. They would not
have compensated me for missing work.
I had just purchased this policy at the Discover Baja office the day before I left. I have to admit I was shocked by these requirements.
After I called to report the accident I called the DB office to tell them what had happened. I speak conversational Spanish but I was not confident of
understanding all the details from the federal police and the insurance company.
It took the inspector over two hours to arrive on the scene. She only spoke Spanish so that also made the information more difficult for me to
understand. It was raining and very cold as we stood outside waiting for her. My neck and back began to get very stiff and sore and I wanted to get
back to San Diego to see a doctor.
She told me about the impoundment requirements for any damage to the truck to be claimed. Then she told me I had to see a doctor in Baja and if I were
injured all treatment had to be done in Mexico as well.
Needless to say I am extremely disappointed with these requirements. I finally stopped requesting anything and just signed the paperwork. I wrote that
while I believe there are damages I would not seek a claim today because I had no time and would likely lose money by missing additional days of work
waiting for the inspection to be done.
So for anyone who has insurance for Baja be aware that if the other person is 100% liable you may still lose time and money trying to make a claim.
Perhaps if I were retired I could stay here for a few days to resolve all this but I have to return to work and it looks like now I won't even make it
back in time to teach tomorrow.
The accident delayed my travel for over three hours. By the time I started driving the rain intensified and it was dark when I arrive in Ensenada. I
am currently sitting at the tollbooth trying to decide if I will spend the night here. Even though the rain has stopped I don't want to drive in the
dark knowing there's likely a lot of debris on the road and flooding in Tijuana.
All in all this has been a very disheartening day. I came down to evaluate the road conditions before returning with the group next month, and I
learned that the drivers here can be more dangerous than the roads.
I have already told some of my friends I am not willing to lead a group down this year under these weather conditions. No matter how safely we may
drive we can't control the actions of other drivers and I learned a tough lesson today about Mexican liability law
Update: I am still in Mexico after spending the night and waiting for the storms to pass. I read my insurance documents more carefully and saw nothing
requiring treatment in Mexico, only treatment by qualified medical professionals. So I called the insurance company again this morning to verify the
information I received yesterday was correct.
The international claims adjuster told me that I can receive treatment once I return to San Diego and then apply for reimbursement.
So it appears I can be treated for any injuries once I am back in the United States but I will have to pay out-of-pocket and be reimbursed.
I wanted to post this information as an advisory to anyone who travels into another country, for any reason. The laws are different and insurance can
be complicated.
As we know, Mexico requires US drivers carry insurance when traveling in Mexico. Under their current legal system, as with many other countries, they
assume people are guilty before proven innocent.
It is changing here in Mexico, but slowly. I think it is worth being informed of these things before traveling, not to discourage you from traveling
here but to advise you of the challenges and risk.
[Edited on 1-7-2016 by Whale-ista]
[Edited on 8-3-2017 by Whale-ista]
\"Probably the airplanes will bring week-enders from Los Angeles before long, and the beautiful poor bedraggled old town will bloom with a
Floridian ugliness.\" (John Steinbeck, 1940, discussing the future of La Paz, BCS, Mexico)
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TMW
Select Nomad
Posts: 10659
Registered: 9-1-2003
Location: Bakersfield, CA
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Thanks for the info. Yes dealing with the Mexican system can be a problem.
FYI check with your US auto insurance company they may be able to do repairs to your truck if within a certain distance from the border. Talk to your
agent not the company direct.
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CortezBlue
Super Nomad
Posts: 2213
Registered: 11-14-2006
Location: Fenix/San Phelipe
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Do you know the name of the insurance company? I know there are 3 or 4 standard companies that are offered when I buy my annual policy?
“Two things are infinite: the universe and human stupidity; and I'm not sure about the universe.”
- Albert Einstein
Follow Cortez Blue
www.cortezblue.com
We put the FUNK in disFUNKtion |
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mrfatboy
Nomad
Posts: 478
Registered: 4-17-2008
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He states in his email he purchased HDI if I read it correctly.
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Udo
Elite Nomad
Posts: 6343
Registered: 4-26-2008
Location: Black Hills, SD/Ensenada/San Felipe
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Mood: TEQUILA!
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Whatever happened with the new Mexican driver's requirements that all Mexican drivers are now required to carry liability insurance???
Udo
Youth is wasted on the young!
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AKgringo
Elite Nomad
Posts: 6004
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Location: Anchorage, AK (no mas!)
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The totaled vehicle was a Kia. I drive one down there, and as far as I know, they are not sold or or supported by the company in Mexico. I wonder if
it was a US plated vehicle?
If you are not living on the edge, you are taking up too much space!
"Could do better if he tried!" Report card comments from most of my grade school teachers. Sadly, still true!
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John M
Super Nomad
Posts: 1916
Registered: 9-3-2003
Location: California High Desert
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So what happened with the "other driver"?
A couple of questions - what was the result as far as the lady that hit you? You didn't have any financial responsibility at the accident scene did
you?
Have you, or do you see any reason to talk with Discover Baja"
I'd like to see someone from "Baja Bound" comment on this situation soon as I'm about to renew my annual policy.
John M
[Edited on 1-6-2016 by John M]
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23S52N
Nomad
Posts: 135
Registered: 7-30-2015
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Thanks for this well written post. It does give one an eye opener, but unfortunately, as is the case with all insurance, we are at their mercy. Good
luck in getting this resolved in your favor.
Regards,
Keith
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sancho
Ultra Nomad
Posts: 2524
Registered: 10-6-2004
Location: OC So Cal
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I caught the Discover Baja as the broker, but also missed the Mex Ins Co, as HDI. In my readings HDI is one of the best,
although the impoundment sounds like a universal point.
In the past, my understanding was the report had to be
made before leaving Mex, never mentioned impoundment. We go the distance to have Ins, other things in order, only to
be jacked around. But as always been said, es Mexico,
you sorta take your chances
good luck
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micah202
Super Nomad
Posts: 1615
Registered: 1-19-2011
Location: vancouver,BC
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.
....sorry to hear of your woes Whale-ista, I hope all is well in the end!
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Udo
Elite Nomad
Posts: 6343
Registered: 4-26-2008
Location: Black Hills, SD/Ensenada/San Felipe
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Mood: TEQUILA!
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My sentiments to you, Whale-ista. I just renewed my one HDI policy with Discover Baja.
I have two more to renew later this year.
This is the second time I have heard problems with HDI.
Udo
Youth is wasted on the young!
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John M
Super Nomad
Posts: 1916
Registered: 9-3-2003
Location: California High Desert
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Discover Baja & Baja Bound
From a quick look, it appears that both Discover Baja & Baja Bound offer policies through HDI & ACE Seguros. So my question would be, do the
vendors have anything to say? I suppose not.
Therefore does it really matter which vendor you purchase through? Baja Bound, Discover, Instant Mex, Padilla or....?
John M
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shari
Select Nomad
Posts: 13045
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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it all comes down to the agent you get...whether they speak english, or are cooperative and helpful or just in a hurry to finish up. It sounds to me
like the agent wanted to intimidate you into not proceeding with a claim.
So sorry it happened to you Lori and hope your neck is OK.
Just an information item...not many mexicanos have insurance especially in the small villages. As most things Mexicano...these things take alot of
time and red tape to sort out which is why most people just cut and run...same for reporting crimes..ends up costing you more in the long run.
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Whale-ista
Super Nomad
Posts: 2009
Registered: 2-18-2013
Location: San Diego
Member Is Offline
Mood: Sunny with chance of whales
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thanks for the well wishes. Back in San Diego now, will go to my doctor for eval.
Took me 90 min. or so to get from Ensenada to SD via TJ SENTRI. No one in line in front of me at 10:30 am. Thanks goodness for little favors after the
last 24 hours...
As for questions: Yes, it is HDI Seguros. I've talked at length with Discover Baja. Carol claims they are the best insurance company they have dealt
with in many years of offering service to members.
I asked Carol to investigate the source of the conflicting information I received from different people yesterday. At one point the adjustor offered
to take me to a doctor she seemed to know, and said it was required before I could get treatment authorized, and then only receive it in MX.
That was a red flag for me- one reason I chose to head north.
Today, the US person who deals w/claims assured me my medical costs would be reimbursed- that I did all that was required: called the insurance
company, filed the accident report, provided all my data to the local and federal authorities, etc.
So... off to get checked. Missed a day of work. Hope the reimbursement goes smoothly... and hope San Diego drivers are more careful! Heavy rains on
the way, again, today.
\"Probably the airplanes will bring week-enders from Los Angeles before long, and the beautiful poor bedraggled old town will bloom with a
Floridian ugliness.\" (John Steinbeck, 1940, discussing the future of La Paz, BCS, Mexico)
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TedZark
Nomad
Posts: 171
Registered: 10-31-2014
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I think we would all appreciate an update as this gets sorted out.
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Hook
Elite Nomad
Posts: 9009
Registered: 3-13-2004
Location: Sonora
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Mood: Inquisitive
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Hmmm.........it's sounding like the adjuster, and maybe the police, saw an opportunity to make some money for friends, who probably kicked some back
to him/her.
Did you ever find out if the person who rear-ended you had insurance? I would think that would have been very important to you.
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toronja
Nomad
Posts: 134
Registered: 2-1-2015
Location: Eugene, OR
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Please keep us posted, and I hope you're feeling better soon.
We had a similarly difficult experience with Mexican insurance last year (but no injuries, so not as stressful). We went through Qualitas contracted
with Lewis&Lewis were theoretically insured against theft. When our boat motor was stolen, we spent a week going through hoops to get a police
report. Getting a hold of someone who spoke any English on the phone was nuts, and the ensuing conversations were hilarious ("Were you in an accident?
No? A theft? Was it a violent theft? Are you sure it wasn't an accident?").
One agent insisted that police report or no, we could not get a claim number until an adjuster came out to look at the stolen motor... (let that sink
in for a sec)... That our Mexican address did not exist in their system so we could not file a claim... That they were not allowed to communicate with
us once we were back in the USA... Another agent finally gave us a claim number... I got a different story with every agent I talked to (who were all
named Jorge, oddly enough).
Eventually we got back and fought it out with L&L, and agreed upon reimbursement for the policy fees. Qualitas said they had already mailed us a
check... a month later said they were putting it in the mail then... Three months later someone actually mailed us a check from San Diego, which by
then we had given up expecting.
Moral of the story: Never again with Qualitas. We will go through Discover Baja or Bajabound next time so that we have someone else at bat for us.
Best of luck!
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woody with a view
PITA Nomad
Posts: 15939
Registered: 11-8-2004
Location: Looking at the Coronado Islands
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Mood: Everchangin'
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I wonder how many of these middle men companies who sell insurance to gringos could withstand a legal challenge for knowingly selling (or providing
inaccurate info) the policies they sell?
if you did everything per the directions DB provides and then you are not made whole you should seriously seek legal advice. I realize the
interactions on scene are unpredictable, but since you had hours to burn waiting for the adjuster, were you speaking to DB? did you get the names of
the adjuster, police etc?
glad it turned out well for you. it coulda been much worse!
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David K
Honored Nomad
Posts: 64746
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Having a cell phone that works in Colonet or where you are would be lucky.
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woody with a view
PITA Nomad
Posts: 15939
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ATT works everywhere there is a red light controlled intersection on the highway, including Colonet.
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