November 11, 2000

Why are drivers put in jail after an accident even when they have insurance?

Drivers are jailed after an accident where there has been serious bodily injury and/or death in the accident. Having the proper insurance policy will help the driver remove some if not all the requirements for an earlier release. But having insurance does not prevent the driver from being detained after an accident causing bodily harm or death.

Further, the typical auto insurance purchased by most tourist before entering Mexico, does not provide for legal services or posting of a bond in the event criminal charges are brought against the driver.

These additional costs are borne by the driver unless the driver has Legal Services insurance coverage, which is written as a supplemental benefit.

Legal Services provides the insured with an attorney on call 24 hours a day throughout the year, who will provide legal assistance in matters pertaining to the accident. Services include negotiating the release of the driver from jail, posting a bond up (has limits), comply with the procedures for the release of the driver's vehicle, and guarantee the repair of property damage and any sanctions (in accordance to the liability policy).

Americans are under the impression that this Mexican law requirement is nonsense and they should be exempt from its requirements. It's absurd to believe that a sovereign country is going to discriminate against their own citizens to placate the desires of citizens of another country.

In the US, drivers are also routinely detained following an accident wherein there was serious bodily injury or death, and those drivers are not covered under their standard automobile insurance for legal services connected with criminal charges or the posting of a bond.

Each year millions of Americans cross the border into Mexico in automobiles of those visiting, only a very small fraction encounter problems. The message is simple, drive carefully and be well protected.