TalkBaja.com » Baja Mexico Forums » Driving in Baja

First of all, before driving into Baja make sure that you purchase a policy to cover you in case of an accident while driving in Baja. It is not expensive and may very well save you a lot of money and possibly even keep you out of jail.

What should I do if I find myself in a traffic accident

Dial the state-wide Emergency Response Hotline 066 (equivalent to 911 in the USA) from any private or public telephone, to notify the authorities. Ask that a policeman and a Police accident investigator come to the scene. If you have any questions, call the Tourist Assistance Hotline 078.

Do not move the vehicles that are involved in the accident and wait for the police accident investigator to arrive at the scene.

You should call your vehicle insurance company representative.

Once the Police accident investigator has determined who’s at fault, you will be asked to go to the nearest police station, to discuss with other party involved possible mutual settlement agreement concerning payment for repairs, thus avoiding the State DA’s office

At the police station, if necessary, you have the right to ask for an attorney.

If someone is injured in the accident, no matter how slightly, the person alleged to have been at fault must go before the State DA’s Office.

You should find out if your medical insurance policy applies when traveling abroad or overseas. Many travel agents and private companies offer insurance plans that will cover health care expenses incurred overseas, including emergency services such as medical evacuations.

Mexican auto insurance often has an option for legal coverage. This gets you a local attorney who will negotiate with the Procuraduría on your behalf and maybe even with the accident investigators. This coverage tends to be very reasonably priced. You will probably get a little card with the law office's 24-hour phone number on it: if so, the sooner you call it the better off you'll be.

However, if you are found to be intoxicated at the time of the accident, all bets are off. Your insurance policy will be null and void. No coverage, no attorney, no nothing. From what friends have told me, the BAC determination is conducted by a doctor at the Comandancia ... and that would be a critical time to have your attorney present.

What I tell my friends down here is that your best bet in the long run is to just negotiate a deal with the other party before any cops arrive. That is how 99% of the folks down here do it when they can...