Uninsured Motorist Claim in Mexico, How to File

Uninsured Motorist Claim in Mexico
mexican insurance claim

In Mexico, getting into an accident with an uninsured driver is a real possibility. 70% of Mexican vehicles are uninsured and 14% of Mexican drivers flee the scene of an accident according to INEGI. American tourists driving south of the border should buy a Mexican insurance policy which offers full coverage and understand how to file for an uninsured motorist claim in Mexico to be safe.

Why is uninsured motorist coverage important?

When involved in an accident with an uninsured driver, and you are not at fault. Having uninsured motorist coverage can help you cover your medical and property damages expenses while your insurers and the Mexican Ministerio Publico work on getting the money back from the at-fault, uninsured driver. However liability-only policies will only cover your medical bills if you are determined to have caused the accident.

Speed is key when filing your claim

If you get into a traffic accident in Mexico, you should always presume that the other driver is uninsured. If possible, photograph the other car and its license plate, and call the insurance company as soon as you can. They will send an adjuster to the scene to register the claim and try to arrange a deal between you and the other driver. It’s very important you reject any on-site attempt to settle the issue.

How the uninsured motorist claim process works

The company’s adjuster will submit your case’s file to a public attorney. As the injured party, you’ll be needed to give fingerprints, take statements, and give proof of ownership (the original certificate) of your vehicle. In some states, like Jalisco, you might have to come back to the public attorney’s office once the claim is settled to give your signature.

Your insurer’s lawyer and the Ministerio Publico will handle your claim

If you have legal assistance coverage, the company will provide you with a lawyer to handle your case. Your company’s lawyer will work with the Ministerio to get your case resolved. This might take some time but you won’t be needed in the case and are free to go home. Assuming the Ministerio Publico succeeds, they do in most cases, they’ll pay your insurers who will then refund your deductibles. 

Watch out for bad faith from your insurers

Any insurance company will investigate your medical bills and the nature of your injuries to ensure they’re not being scammed. However, some times these investigations may turn overly adversarial. If this happens to you it is your right to file a bad faith claim against your insurers.

The high rates of uninsured drivers in Mexico is a secret to most American tourists south of the border. This could represent a major headache if you get into an accident while vacationing in the south. However, buying a Mexican auto insurance policy with uninsured coverage will help keep you out of trouble.

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