Uninsured Driver Accident Claim

Unfortunately, there are a lot of Uninsured Drivers in Mexico. If you don't have the "Uninsured Driver" coverage option, it can be painful.

The Process When it is NOT Your Fault

If you have an accident with someone who does not have insurance, but the identity of the other driver is known.

  • You call the insurance company, and they will send an adjuster.
  • The insurance adjuster will attempt to get the other party to pay the damages in cash or make some agreement with you.
  • If you Make a Deal…BE CAREFUL….the insurance policy does NOT apply and you have to deal with the other party on your own. There is no claim being made and there is no insurance coverage on that incident. Take cash – not promises!
  • If the other driver "has no money" or will not cooperate, YOUR insurance company will cover the cost of the repair under your collision coverage, and your collision deductible applies. So if the damage was $10,000 and your deductible is $6,000, the company pays $4,000 and you pay the $6,000 deductible.
  • The company Adjuster opens a Case File with the accident report.
  • You, the damaged party, have to file a claim “Report” with the Ministerio Publico “Public Attorney” in the city where the accident happened. The adjuster will take you there so that you can file your claim.
  • That means you are a party to the Case File so they will fingerprint and take statements. You are a party to the claim because you were the injured party. Important: If you have been taken to an office and had your fingerprints taken etc., this is registering the claim with the Ministerio Publico.
  • IMPORTANT: When you are registering the Claim with the Ministerio Publico, try to ensure that they take proof of ownership of your vehicle. Proof is the ORIGINAL title and registration…not copies.
  • In some states (Jalisco, for example), you may have to return to the Ministerio Publico office when the claim is settled in orderto sign to release the Claim against the other driver.
  • Once that file is opened with the Ministerio Publico, the company lawyer will follow up with the Ministerio Publico to get the case resolved. You do not have to be involved unless the lawyer or adjuster calls you and requests that you attend…perhaps to prove ownership.
  • The Ministerio Publico attempts to recover the full damages from the uninsured driver. They succeed in most cases. Assuming they are successful in collecting from the other driver, they pay it to the insurance company which then refunds your deductible.
  • If you have Legal Assistance Coverage, the process is managed by the Insurance Company's lawyer and costs you nothing. If you do not have Legal Assistance, and you are involved with an uninsured driver, you are on your own.

TioCorp Insurance polices all include Legal Assistance. We also offer the Uninsured Driver option on our policies.

We offer the Lowest Price Guarantee on all of our policies. Contact TioCorp for a quote.

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