In 50 years of serving motorists to Mexico, understandably, Oscar
Padilla has encountered more questions than there is space for here.
The following are a brief review of the most frequently asked. If your
concern is not among these,
contact us, and we’ll be happy to try
and be of help.
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Why do I need Mexican insurance?
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Can my U.S. insurance help me?
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What does Mexican insurance cost?
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What's covered on a Mexican auto insurance policy?
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Can I buy the insurance in Mexico?
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Will I go to jail if I have an accident?
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What's NOT covered on a Mexican auto insurance policy?
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Are claims paid in dollars?
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What are some other important things to know?

Why do I need
Mexican insurance?
Mexico has traffic laws very similar to the United States. The
application of their laws is what accounts for the differences, and
the reasons for needing Mexican insurance. The law in Mexico is based
on the Napoleonic Code where guilt prevails over the assumption of
innocence. In the U.S., the law is based on the English Common Law
where innocence prevails over the assumption of guilt. Mexico does not
have compulsory automobile insurance. The basic difference between
Mexico's and United States financial responsibility law is that anyone
involved in an accident in Mexico must have the means to respond to
damages or injuries for which they may be responsible....which in
Mexico would be in the form of either cash or a Mexican insurance
policy.
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Can my U.S.
insurance help me?
Before leaving home, you should inquire if your U.S. insurance
policy will cover damage suffered by your vehicle in Mexico. If so,
ask if the policy has restrictions or limitations in this regard, such
as miles from the border, or number of days in Mexico. Once you’ve
familiarized yourself with your own auto policy and the extent of it’s
coverage in Mexico, you can then proceed to make a more qualified
decision towards your Mexican insurance needs.
IMPORTANT NOTE:
Whether or not U.S. insurance policy extends coverage into Mexico,
the LIABILITY coverage on a Mexican insurance should at least
always be purchased. The Liability coverage on your U.S., or any
other non-Mexican insurance policy, is not recognized by authorities
in Mexico. Only a Mexican automobile liability policy is acceptable
evidence of financial responsibility.

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What does Mexican
insurance cost?
Since deregulation in the '80s, rates vary with each Mexican
insurance carrier. By all means, do not simply jump at the cheapest
quote, as you never know what surprises lie in wait for you later.
We speak from experience! We were previously associated with a
carrier who had a very enticing package of products, and the most
competitive rates in the market. It was "smoke and mirrors", as some
policyholders and we painfully discovered. We now associate ourselves
with a carrier, Seguros Atlas, whose profile and integrity we stand
proudly next to. Atlas rates are not the lowest, but neither is that
their objective. Their wisdom lies in knowing that strength and
credibility in this business comes from feet planted firmly in the
fertile soil of financial stability over many, many years. Seguros
Atlas has been doing so since 1942!
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What's covered on a
Mexican auto insurance policy?
Contrary to the more broad coverages of a standard U.S. auto
policy, a Mexican tourist auto policy is a named peril policy. More
simply stated, exactly what is described as covered is specifically
all that is covered - nothing more and nothing less.
There are five (5) basic risks to standard Mexican tourist auto
insurance:
1) Collision, Upset, and Glass Breakage
2) Fire and Total Theft
3) Property Damage Liability
4) Bodily Injury Liability
5) Medical Expenses
As an added bonus, our policies include Legal Service, Road
Assistance, Emergency Medical Evacuation, and Travel Assistance.
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Can I buy the
insurance in Mexico?
It’s risky to purchase a Mexican auto insurance policy in Mexico.
First of all, you must drive your vehicle to the insurance office, and
until you reach the office you’re obviously driving without insurance.
Secondly, in the case of a dispute with your claim or your agent’s
conduct, you have no formal recourse against the agent in Mexico as
you would against the agent in the U.S. (customarily through state
regulatory agency, such as Department of Insurance).
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Will I go to jail if
I have an accident?
If serious injury has not occurred, a Mexican insurance policy
might help reduce red tape and allow the motorist to be on his way
sooner rather than later, but the policy should not be construed as
your “ticket out of jail”.
Some visitors to Mexico are unable to understand why motorists are
temporarily incarcerated in Mexico following an automobile accident
where injuries or deaths occurred. In the first place, serious
injuries or deaths have been committed against innocent persons due to
someone's negligence. It is up to Mexican authorities to determine who
the negligent person is. While that investigation is in motion, all
drivers involved in the accident must be detained. Any person involved
in the commission of a crime, and I have stated that an automobile
accident in Mexico is considered in principle to be a penal offense
(see
"Why do I need Mexican insurance?"), must be detained in a
secure place to prevent their escape. The only secure place is a
holding cell and, therefore, the motorist finds himself detained
awaiting the investigation of his involvement. A visitor, if allowed
to remain free, may likely flee for the border. This is Mexican law,
and foreign citizenship confers no special rights in Mexico.
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What are some
examples of what is NOT covered on a Mexican auto insurance policy?
As important as it is to know what is covered, it is worthwhile to
also know what is NOT covered. Some of the losses and/or expenses
which are not covered include pilferage, vandalism, lodging expenses,
toll calls, and loss of wages.
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Are claims paid in
dollars?
At the conclusion of their investigation of an insurance claim the
Mexican insurance company settles all insurance claims in U.S. dollars
from their claims offices in Mexico.
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What are some other
important things to know?
The policy is null and void if driver responsible for the accident
was under the influence of alcohol or drugs
Policy is null and void if driver does not have a valid drivers
license.
A towed vehicle must be described on the policy, otherwise it voids
all coverage in case of an accident.
Theft of parts or accessories to the vehicle are not covered,
unless the theft of those parts or accessories was the outcome of a
total theft of the vehicle.
Should a claim be presented, the insured must declare the existence
of any other insurance with another company covering the same risk.
All claims must be reported in Mexico before insured returns to
U.S. Failing to do so subjects the claim to a denial by the Mexican
insurance company.
In case of total theft of the vehicle, the owner of the vehicle or
the person who had possession of the vehicle, must file an Auto Theft
report in person with Mexican authorities.
In case of an impounded vehicle, the registered owner of the
vehicle is the only one authorized to sign for it’s release, and it
must be done in person.
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