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Old 05-28-13, 01:12 PM   #1
bwall
 
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Default My accident in Ensenada

So I went to Ensenada on Sunday with my wife. We had a great time, enjoyed the drive there and the Fest "Ensenada de Todo".

As we were about to leave town, I decide to get some gas at the last Pemex before leaving Ensenada. I pull in line and after about 10 seconds I decide that the line is too long. I back up and after moving about three feet I hear a loud crunch. I'd backed into a small red car that hadn't been there before. . . . . The passengers side door still opens and closes perfectly, but it looks like complete crap and need to be replaced.

This was the first time I'd had anything in Mexico--never been stopped by the police, nothing. So, my question:

What should I have done?
1) Blame the other driver?
2) Accept responsibility and make an immediate cash payment to the other driver?
3) Call the police?
4) Driven off real fast?
Old 05-28-13, 04:10 PM   #2
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Default Re: My accident in Ensenada

Quote:
Originally Posted by bwall
Accept responsibility and make an immediate cash payment to the other driver?
I think that would be my choice.

What did you do?
Old 05-28-13, 06:07 PM   #3
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Default Re: My accident in Ensenada

The backing vehicle is "usually" at fault. If there were no injuries, a cash settlement on the spot might work, or turn it over to your Mexico insurance carrier
Old 05-28-13, 10:42 PM   #4
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Default Re: My accident in Ensenada

Quote:
Originally Posted by DENNIS
I think that would be my choice.
2) Accept responsibility and make an immediate cash payment to the other driver?

What did you do?
Me too. Most Mexicans know body work is pretty cheap- probably less that your deductible.
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Old 05-29-13, 07:13 AM   #5
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Default Re: My accident in Ensenada

Quote:
Originally Posted by Woooosh
Me too. Most Mexicans know body work is pretty cheap- probably less that your deductible.
You want to resolve the issue before the police get involved. All someone in the other car has to do is say his back hurts and the trouble just begins. That's BIG trouble.
Old 05-29-13, 08:25 AM   #6
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Default Re: My accident in Ensenada

Well, in the heat of the moment, perhaps even as a direct result of my frustration, I wasn't willing to concede that it was my fault. The other guy was younger (20's-ish?) and driving a 1990's car. He was nice about it, at least as nice as you can be, considering the circumstances. When he stated that I should have looked better before backing up, I suggested that if he weren't there then nothing would have happened. Anyways, the police were called. They asked if I'd been drinking. I said no. They asked the guy how much he wanted for his door. He said $60. I gave him 700 MXN and we called it even. The police took me to the station and issued me a ticket which I paid by credit card. At current exchange rates it was $53.

Looking back, there was no reason to call the police. Afterwards, I remember that I'd heard this countless times before, too.
Old 05-29-13, 08:45 AM   #7
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Default Re: My accident in Ensenada

I'd say you dodged a bullet. It could have gone much worse.
Do you really believe you weren't 100% at fault? Seems your argument is a bit weak.

"I suggested that if he weren't there then nothing would have happened."

Last edited by DENNIS; 05-29-13 at 10:23 AM.
Old 05-30-13, 11:22 AM   #8
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Default Re: My accident in Ensenada

Quote:
Originally Posted by DENNIS
I'd say you dodged a bullet. It could have gone much worse.
Do you really believe you weren't 100% at fault? Seems your argument is a bit weak.

"I suggested that if he weren't there then nothing would have happened."


Those 5 teenagers that got killed over the weekend in Newport Beach would have a good argument saying this wouldn't have happened if that tree wasn't there.
Rather stupid argument I say.
You got off lucky,my friend.
Old 05-30-13, 11:45 AM   #9
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Default Re: My accident in Ensenada

I never said I had a winning argument. I was frustrated because the car parked behind me in a space of less than ten seconds. In retrospect I see that I was at fault. And I do consider myself lucky.

In my experience, trees generally move neither often nor quickly. Especially those large enough to stop cars. So if anyone hits a tree with their car it is safe to say a reasonable driver should have seen it and taken the proper precautions.
Old 05-30-13, 11:47 AM   #10
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Default Re: My accident in Ensenada

Quote:
Originally Posted by edinnopolo
Those 5 teenagers that got killed over the weekend in Newport Beach would have a good argument saying this wouldn't have happened if that tree wasn't there.
Rather stupid argument I say.
You got off lucky,my friend.
But in Nepwort Beach the dead teens families will sue the city for planting the tree there and they'll all be millionaires (in honor of their dead teens memory of course) The lack of ambulance chasing attorneys in Mexico is refreshing..

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Old 05-30-13, 01:49 PM   #11
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Default Re: My accident in Ensenada

Quote:
Originally Posted by Woooosh
The lack of ambulance chasing attorneys in Mexico is refreshing..
What's worse are the lawyers that hang around police stations in Mexico who are part of the extortion system....the first link in the pay chain between the prisoner and the jefe.
Old 06-01-13, 06:47 PM   #12
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Default Re: My accident in Ensenada

Quote:
Originally Posted by DENNIS
What's worse are the lawyers that hang around police stations in Mexico who are part of the extortion system....the first link in the pay chain between the prisoner and the jefe.
they are ATM's (Attorney's Taking Money)
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Old 07-09-13, 08:24 AM   #13
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Default Re: My accident in Ensenada

About 20 years ago I was attempting to pull out into the highway and was waiting for an opening. I saw a guy on a bike coming my way and I knew he saw me and he was riding his bike going the wrong way against traffic. No one was around to witness anything. I saw an opening and pulled out and the guy slammed into my front quarter panel. I stopped and helped him to his feet and saw that the front rim on the bike was damaged.I know he saw what I was doing but continued to pass in front of me. I offered him 50 pesos which at that time was about $16.00. He didn't take it and wanted 100 pesos. I put the 50 back in my pocket and took off.

About 5 years ago myself and the wife went to Las Rosas for breakfast and the waiter was the guy that was riding the bike. He gave me a disapproving look and told me he was the guy I hit. I told him he should have taken the 50 because it was his fault for the accident and there was a dent in my quarter panel. I also explained that if he would have been a little nicer I would have loaded his bike in the back of my truck and took him to where ever he was going. As we were eating a Federal de Camino officer (Mexican Highway Patrol) came into the restaurant and I saw the guy talking to him. The officer came to my table and sat down. The officer was my brother in law! We sat there and had coffee and chatted for awhile and I explained the altercation with this guy. My brother in law told the waiter not to mess with me because I was connected. The waiter was soooo nice after that. It all works out one way or the other and if I were you I would have paid on the spot even if the car was a beater unless he was asking for a ton of cash.
Old 07-09-13, 09:53 AM   #14
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Default Re: My accident in Ensenada

Quote:
Originally Posted by Lizard Lips
...he was riding his bike going the wrong way against traffic...
I do all the time, because it is safer for me.

That said, yes I understand we're not supposed to, and further there are some good reasons not to...

like surprising people pulling out of driveways. Even if it wasn't a surprise in this case.

There is a feature on signonsandiego(Union-Trib online) called Related, and it is truly frightening how many articles there are like this one: "...The bicyclist was in the bike lane when he was hit from behind..."

Others: "...bicyclist was struck by a San Diego Police Department vehicle and killed..."

"...near the bike lane when it drifted and struck the rear of the bicycle..."

"...struck by a pickup truck...riding in a bike lane..."

"...struck by a pickup...seriously injured...looked down to pick up something and drifted into the bicycle lane...hitting the cyclist from behind..."

"...riding in the bike lane...struck from behind..."

I'm sorry motorists, but I just don't trust you not to screw up. Bikes don't have mirrors worth a bucket of spit, and when I ride with traffic I can't see you coming.

I'm not one of those Militant Cyclists who insist on our places in the middle of vehicular traffic. I'm a timid, cautious rider who gets out of the way when I see you coming.
Old 07-09-13, 11:26 AM   #15
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Default Re: My accident in Ensenada

Quote:
Originally Posted by Lizard Lips
About 20 years ago I was attempting to pull out into the highway and was waiting for an opening. I saw a guy on a bike coming my way and I knew he saw me and he was riding his bike going the wrong way against traffic. No one was around to witness anything. I saw an opening and pulled out and the guy slammed into my front quarter panel. I stopped and helped him to his feet and saw that the front rim on the bike was damaged.I know he saw what I was doing but continued to pass in front of me. I offered him 50 pesos which at that time was about $16.00. He didn't take it and wanted 100 pesos. I put the 50 back in my pocket and took off.

About 5 years ago myself and the wife went to Las Rosas for breakfast and the waiter was the guy that was riding the bike. He gave me a disapproving look and told me he was the guy I hit. I told him he should have taken the 50 because it was his fault for the accident and there was a dent in my quarter panel. I also explained that if he would have been a little nicer I would have loaded his bike in the back of my truck and took him to where ever he was going. As we were eating a Federal de Camino officer (Mexican Highway Patrol) came into the restaurant and I saw the guy talking to him. The officer came to my table and sat down. The officer was my brother in law! We sat there and had coffee and chatted for awhile and I explained the altercation with this guy. My brother in law told the waiter not to mess with me because I was connected. The waiter was soooo nice after that. It all works out one way or the other and if I were you I would have paid on the spot even if the car was a beater unless he was asking for a ton of cash.
Apparently having "connections" is the key to living in Mexico without being pestered by fools.
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Old 07-09-13, 12:59 PM   #16
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Default Re: My accident in Ensenada

Yep, I hate to say it but it's true about connections. I don't like it but in this case I felt I was justified about what happened. I will explain further: I was waiting to enter the highway in an "open" area which was unobstructed and the guy on the bike clearly saw me attempting to enter the highway with my head turned toward the left and him coming from my right. He could have passed me by going behind me as I'm sure he saw that my attention was to the left to view on-coming traffic but he decided to ride directly in front of me and when I went forward he slammed into my front right quarter panel causing a dent but after he hit me he went down. I jumped out immediately and asked if he was ok.

This guy was at fault, plain and simple. He knew what I was doing and must have seen me not looking at him.

If you are riding a bike against the flow of traffic you must take responsibly for your actions.

A few days ago I was on Avenida 5 downtown Ensenada in the slow lane of this four lane street, two lanes for each direction. There was a guy all dressed up like he was in the tour de France riding very slow in the middle of my lane. I was directly behind him going very slow. This street is VERY busy and at this area there are many businesses. I could not pass him. I got stuck at a red light however he went right through the red and continued to ride in the middle of the slow lane. When I approached again I could not pass so I honked at him. He turned around and flipped me off. Now I'm PISSED..... I eventually passed him, not saying anything or giving him any hand signals, and eventually got stuck at another red light. He came to my passenger window as we waited for the light to turn green and he looked at me and didn't say a word. I am much bigger than him and I believe he was a little scared but that was the end of it. Some guys on bikes take advantage of the law and purposefully piss you off as this guy did.
Old 07-09-13, 01:12 PM   #17
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Default Re: My accident in Ensenada

arrrgggggg.........don't get me started on the rich kid bike riders,.......arrogant little shitheads.

Connections are everything. It's not law, or what you know.....it's who you know to call when you need the power.
I've seen business owners lose it all because they wouldn't join Rotary or one of the other organizations. They had no support when bureaucracy was having its way with them.
That's why it would be next to impossible to prevail in a legal situation. The lawyers all know each other through school or relations and they certainly won't fight a friend or cousin on your behalf.
They will, however, charge you and keep you paying until you're empty.
Old 07-09-13, 02:28 PM   #18
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Default Re: My accident in Ensenada

Quote:
Originally Posted by Lizard Lips
...Some guys on bikes...
Yep.

And they end up costing the considerate riders and drivers cuz it's all about ME ME ME with them.
Old 10-14-13, 06:34 AM   #19
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Default Re: My accident in Ensenada

Your very, very lucky. That could have been the first day of the worst nightmare you have ever had.....apogee
Old 10-15-13, 06:26 AM   #20
Marty Cortez
 
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Default Re: My accident in Ensenada

Quote:
Originally Posted by Lizard Lips
...He could have passed me by going behind me...but he decided to ride directly in front...

...If you are riding a bike against the flow of traffic you must take responsibly for your actions...
Absolutely.





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