November 11, 2000

Three types of traffic accidents: Drivers' obligations.

The government of Baja California provided this information as part of their public information campaign, and can be found in a recently published, Baja California Tourist Assistance Guide.

Traffic Accidents

1. Accidents with material (property) damages only.

a.)    Wait at the location where the accident took place until the proper authority arrives.

b.)   If your vehicle has insurance, notify your insurance company.

c.)    If there are only superficial material damages, both parties may come to an agreement regarding payment for damages.

d.)   If agreement cannot be reached or if damages are high the case can be referred to the District Attorney's Office.

e.)    If the accident occurred on a federal highway and the road suffered damages, the case is turned over to the Federal District Attorney's office.

2. Accidents in which there are subsstantial material damages or injured people (bodily harm).

a.)   The involved parties may reach an agreement regarding damages, in relation to injuries, the case may be sent to the D.A., depending on the seriousness of these. In order to make any claims for expenses caused by the accident, the injured party must have a medical certificate, hospitalization receipts and has to be under medical care. The responsible party will remain under the D.A.'s custody.

3. Accidents with injured persons only.

a.)    Prosecution for causing slight injuries in an accident is possible only if the victim's representative makes a complaint. Even then, the case may be turned over to the District Attorney depending on the seriousness of such injuries.

b.)   The responsible party in a traffic accident that was turned over to the District Attorney  can regain his provisional (bail) release when he guarantees to pay all costs and damages and certifies that he will not abandon responsibility for the injuries, provided that he was not under the influence of alcohol or drugs at the time of the accident.

c.)    In any accident the responsible party's vehicle is impounded until payment of damages, citations, as well as towing services has been paid. Once these requirements are met, the vehicle will be returned to its legal owner.

(Note: Officials advise the above rules apply throughout Mexico with slight variations.)