November 2, 2000

Mexican financial responsibility laws

There is no compulsory requirement for automobile insurance in Mexico. What is compulsory is that a driver involved in an automobile accident must be able to meet financial responsibility requirements in the event the driver is found responsible for the accident and occurring damages, bodily injury or death of another.

Meeting financial responsibility requirements can be with cash, property or insurance.  

Obviously in most cases, particularly for foreign visitors, insurance is the most convenient and least expensive method for compliance.

For most non-injury accidents, and property damage is limited to the automobiles involved in the accident, and there is no evidence of driving under the influence of liquor or drugs or of reckless driving, the drivers are seldom detained. They may, however, be asked to accompany the officer to the police station to fill out the papers. (This usually leads to a stress attack to an American who has heard horror stories.)

The vehicles may be impounded if there is a question as to culpability or pending completion of the accident investigation, and damages and corresponding fine is paid. The officer in charge at the police station most often renders the assessment of damages, and there is rarely need, in these simple cases, for going before a magistrate.

Impounded vehicles will incur towing and storage fees. It must be stressed that, when all is over, the impounded vehicle will be released ONLY to the registered owner of the vehicle. "Uncle Harry," or "Cousin Jimmy" can be of no help in this matter. In the event of the death of the registered owner, a certified death certificate, and proof of beneficiary rights to the property must be presented. These documents will have to be translated into Spanish, by an approved and registered translator (perito traductor).