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beverleywood

Nov 8, 2003, 10:45 AM

Post #1 of 12 (1713 views)

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Ever been to a Mexican jail as a result of an accident?

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Has anyone ever been to a Mexican jail as a result of an accident? If so, how was it? How long did they hold you? Just wondering :)

Esteban

Nov 8, 2003, 1:20 PM

Post #2 of 12 (1693 views)

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Re: [beverleywood] Ever been to a Mexican jail as a result of an accident?

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I had a friend who had to go to the jail to sort out the details. She was hurt but not life threatening. Neither party had insurance. It took several hours but she was hit by a very drunk driver and in the end, the person who hit her had to sign over their late model 3/4 ton pickup. That was the settlement. She had IMSS coverage so that took care of her medical. However, she had her own X-rays done on her foot before she went to the IMSS so it would be quicker.

esperanza

Nov 8, 2003, 2:27 PM

Post #3 of 12 (1685 views)

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Re: [beverleywood] Ever been to a Mexican jail as a result of an accident?

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First part:

Several years ago, a close friend of mine (Mexican-born and a naturalized US citizen) was traveling with her fiancé (US citizen) from Ensenada to San Diego. She was driving. As she headed north, just south of Rosarito Beach, a drunk driver coming from the north swerved his pickup truck across the highway median, slamming into the driver's side of my friend's car and killing her instantly. Her fiancé's injuries included a broken nose, broken arm, deep cuts, and heavy brusing.

Who went to jail?

The fiancé, a passenger in the car. He spent 4 days in the Tijuana city jail while the details of the accident were sorted out. His injuries were not attended. When it was finally ascertained that he had not been the driver of the car, he was released.

The driver who hit my friend's car was never jailed and was not charged; he was a member of a prominent family.

Second part:

Years prior to the above accident, I worked as a social worker for two years, 3 days a week, in La Ocho, the Tijuana city jail on 8th Street. Here's how it was then:

as many as 24 men housed in each 8X10 cell built for 6
no bathing facilities unless the prisoner had money to bribe a guard
toilets an open hole in the corner of each cell
windows (only at roof level) without glass, admitting rain, cold, heat, insects, etc.
no food~family members or a charitable organization brought food in from the outside
no clothing other than what a man came in with from the street
daily hosing down of the entire facility (including cell floors and all prisoners who didn't move fast) with a fire hose
vermin~rats, lice, fleas, and internal parasites~rampant
daily violence, including beating and stabbing prisoner-to-prisoner and guard-to-prisoner
no telephone contact possible with outside
mentally ill prisoners housed together with the non-mentally ill

They say it's improved. I surely hope so.

http://www.mexicocooks.typepad.com

(This post was edited by esperanza on Nov 8, 2003, 3:13 PM)

beverleywood

Nov 8, 2003, 2:48 PM

Post #4 of 12 (1678 views)

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Re: [esperanza] Ever been to a Mexican jail as a result of an accident?

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Well, jail sure doesn't sound like fun. Your description is so graphic, thank you, I can see it.

I'm sorry to hear about your friend and what an ordeal for her fiance.

If the other car in the accident had simply belonged to a Mexican family with no prominence and no insurance, I'm assuming the scenario would have played out differently. It's a real horror story the way it happend, that's for sure.

Is there a lot of drunk driving going on in Mexico? Are the laws strict about drinking and driving?

elcomputo

Nov 8, 2003, 8:00 PM

Post #5 of 12 (1647 views)

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Re: [beverleywood] Ever been to a Mexican jail as a result of an accident?

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A long time ago, when I was in the Army stationed at Fort Bliss in El Paso, I was picked up with a fellow soldier in Juarez. He was very drunk and making an ass of himself. I was feeling a little bit rosy and trying to avoid trouble. But we both got hauled off to jail. He made bail and went back to the barracks. I had no money and so spent the night in the Juarez jail.

The "tank" wasn't that bad. It was a big, concrete, high-ceilinged room with Mexicans passed out all over the floor. The "guard" was another prisoner. Once I gave him my cigarettes, he gave me no problems.

But the next morning I was transferred to what was apparently some kind of cell. It was about the size of a large walk-in closet, with benches on each side, and no windows to the outside. About 15 guys were on the benches. At the far end was a toilet which consisted of little more than a hole in the floor. The place was unimaginably filthy and, of course, smelled like a sewerpipe.

Meals consisted of tortillas and beans, three times a day, served out of a bucket.

There was one other GI in there. He had been driving in Juarez and had hit a pedestrian. He had no Mexican insurance. The Army could not get his release. At the time I saw him, it was his third week in that cell. (I was picked up by the MPs later in the day.)

That was 45 years ago. From what I have heard, conditions in many Mexican jails nowadays are much worse.

Esteban

Nov 9, 2003, 12:44 PM

Post #6 of 12 (1613 views)

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Re: [beverleywood] Ever been to a Mexican jail as a result of an accident?

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I think that you'll find the border towns to be much different than towns located deeper in Mexico. Here in Mazatlan, when you get into an accident, they don't put you in a cell. You go to the main police station and both parties talk with a mediator. When the problem is resolved, you both go home. And, I might add, not all accidents require you to go to the police station. if the officer at the scene can resolve the problem, you both go home. If you have insurance, you can call your adjuster and he'll be there in relatively short amount of time and the problem will be resolved on the spot.

beverleywood

Nov 9, 2003, 12:55 PM

Post #7 of 12 (1612 views)

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Re: [Esteban] Ever been to a Mexican jail as a result of an accident?

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Thanks so much... we won't be hanging out in any border towns :)

gpk

Nov 9, 2003, 3:59 PM

Post #8 of 12 (1599 views)

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Re: [Esteban] Ever been to a Mexican jail as a result of an accident?

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The sad thing is that loss of life is often less compensated for than property damage. They say that in Leon if a city bus runs over someone, the driver will back up to make sure the victim is dead--funerals are cheaper than hospital bills.

Esteban

Nov 9, 2003, 4:21 PM

Post #9 of 12 (1594 views)

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Re: [gpk] Ever been to a Mexican jail as a result of an accident?

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I am not, by any stretch of the imagination, an expert on Mexican law but it appears that the idea of suing for negligence is far less than up north. People don't seem to be suing in court for everything like in the US. Maybe someone else reading here can give us some insight.

jrice

Nov 9, 2003, 6:41 PM

Post #10 of 12 (1581 views)

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Re: [beverleywood] Ever been to a Mexican jail as a result of an accident?

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My understanding is that insurance makes all the difference.

Insurance companies in Mexico tend to come directly to the scene -- good ones do -- and deal with the cops on your behalf.

The idea of taking people to jail is to ensure they are there to respond to problems. Insurance takes away much of that concern, especially with regard to physical injury or property loss.

Do not drive without local insurance. Preferrably, get good insurance.

As a fallback, find a friend who can contact a Mexican attorney to seek an amparo (much like an injunction), though that can cost you a bit. LOTS of people flee accidents in Mexico and run to attorneys.

Don

Nov 9, 2003, 7:16 PM

Post #11 of 12 (1573 views)

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Re: [beverleywood] Ever been to a Mexican jail as a result of an accident?

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I had an accident just outside of Guadalajara several years ago, near the toll booth to Colima. I hit a pickup truck broadside with my U.S. plated vehicle. He was Mexican and was also driving a U.S. plated vehicle. He went through a boulevard stop sign and had no insurance. My insurance company was called and they had an adjuster on the site in about 30 minutes. We both had bruises and they took us to be x-rayed. The other driver was then put in jail as it was an injury accident and it was his fault and he had no insurance. We asked the insurance adjuster if that was necessary and he said no, since he reached an agreement with the other party. We then asked the police if the other driver could be released and they said yes. I just had to sign release papers, which I did. I thought my vehicle was totaled, but they repaired it with new parts, some of which they got in the U.S. The insurance company paid for everything and I even think the vehicle ran better after their repairs. I have no idea how the insurance company received their money from the other driver. I believe if it had been my fault and I was put in jail, my insurance company was there to bail me out.

(This post was edited by Don on Nov 9, 2003, 7:18 PM)

David Eidell

Nov 12, 2003, 12:39 PM

Post #12 of 12 (1504 views)

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Re: [Don] Ever been to a Mexican jail as a result of an accident?

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A year or so ago, a fellow by the name of "Kitto" collided with an oncoming Army truck full of soldiers just south of Ensenada. He was/is a member of Vagabundos Del Mar travel club and had liability and collision on his new pickup and boat. He was arrested and detained. Even though his insurance was perfectly valid, it seems as though an insurance company can take weeks if not months to settle a claim and issue a check for damages. Until that time the plaintiff can demand security of payment which means that the defendant must post a cash bond in lieu of payment. Upon settlement, the court is supposed to "return" the cash bond. Kitto was asked to post a bond in the tens of thousands of dollars (there were no deaths). The insurance company did absolutely nothing about this demand. Kitto was transferred from a jail cell in San Quintin to a STATE PEN after four days. Eventually he mortgaged his house and posted a bond and was released. I did not learn of the outcome of this story (whether he had his money returned or not).

According to the Surplus Line Brokers who sell insurance in California, the "Legal Aid Package" that most offer as extra cost option, fullfills this gap and can provide an instant cash bond, as well as a lawyer to untangle some of the legal knots. Being imprisoned is not unusual these guys related stories that made my hair stand up on end. Simply having insurance is no good in a serious accident. The other party can demand satisfaction which means a foreigner will be physically restrained from fleeing to the border, until a cash claim is settled. It's not IF a settlement is reached, it's WHEN insurance payment is actually disbursed. I checked this out with a juez in Ensenada and he emphatically agreed with the payment issue. Ain´t no way I am going to rot in a Mexican Bote while an insurance company dotes over lost profits. As a final aside, one US insurance agent said that using the normal delay in settling a serious collision claim (a month or so) would be a good guideline to use when addressing the issue of a serious liability claim.

I am no expert in the matter of insurance claims, so I will continue to spend a few extra dollars a year for "Legal Aid " (or whatever the hell it is called). I feel that simply having insurance is not good enough. With my luck the president´s son in law will rear-end me someday (I´ll need all the help that I can get).