Chile Forum

droog85 wrote:We have SOAP but i have heard it doesn't really do much. The deal is the police are suggesting the accident was my fault when it was clearly a no-fault accident. The charge is 'cuasidelito de lesions menores' . Everyone is telling me, including my girlfriend that sometimes situations happen like this where the police give fault to the gringo in order to try to bring in some money. I understand that those of you selling property and other services in Chile would have a problem with me stating this because its obviously bad for business, but thats how it goes sometimes.

First they have to show you caused it, and the police reports from the time will be "he caused it" from both of you, they would have looked at the scene and if it was a blind one lane curve, this will have been noted. You are being misinformed by your “friends” who say they are trying to squeeze the gringo, the codified legal system just looks at the facts.

Your girl friend was a witness? and gave a statement? The other couple will have given a statement, it may be a 50% 50% deal, there really isn’t any “no fault” in Chile. But often if it is 50/50 it’s a wash, but in the event someone is hurt it changes. You need legal assistances and to quit thinking they are out to get you, the codified legal system is always out to get you “you are guilty until proven innocent”. You should have filed the police reports with the insurance company right after the accident, little late now by you should try.

I am not giving legal advice, but have been dealing with this type of issue for over 25 years in the south of Chile, well I haven't but the Lawyers I pay have. I supply 4 pickups to company employees presently and have had 2 accidents in the past year. If I get bumped when parked in Santiago I file a police report, so it doesn’t come back and bite me.

Re: Car Accident Legal Problems

Postby droog85 » Thu Dec 15, 2011 8:17 pm
We have SOAP but i have heard it doesn't really do much. The deal is the police are suggesting the accident was my fault when it was clearly a no-fault accident. The charge is 'cuasidelito de lesions menores' . Everyone is telling me, including my girlfriend that sometimes situations happen like this where the police give fault to the gringo in order to try to bring in some money. I understand that those of you selling property and other services in Chile would have a problem with me stating this because its obviously bad for business, but thats how it goes sometimes.


Well if that is what everyone is telling you, including your girlfriend, then everyone must be right, and everyone here is wrong. Therefore, do not contact the insurance company, do not contact a lawyer and good luck to ya!

nwdiver wrote:there really isn’t any “no fault” in Chile...

Having driven on many segments of the roads that were under construction, I often found that one lane was used for both directions. At one end of a one-lane segment, a worker communicates with another worker at the other end to regulate the direction of the traffic flow. I was always nervous driving into this type of road for worrying that the guy at the other end might miscommunicate and I could end up driving into a headon collision with a car not accounted for from the opposite direction. I witnessed this type of miscommunications before, and saw cars swerving to avoid headon collision in these one-lane roads. I am not sure who would be responsible for the damage in the event of a collision due to bad traffic control.

The situation is extremely dangerous when the one-lane segment is a tight curve on a hilly slope that allows very little reaction time and no shoulder room to maneuver. In this situation, a driver will be facing two fatal choices: driving into a headon collision, or driving off the cliff.

I never took the lead in this traffic, and always allowed other cars to go first.

For the OP, I think it is best to hire a lawyer, or look for a pro-bono lawyer.

TP

zer0nz wrote:. i would take the phone number at the bottem of this page, call them, and beg and hopfully admin has changed his mind he is a nice guy.............

I agree with zer0nz, give them a call and explain your situation calmly in your mother language.
I know many lawyers but none in your area

And your GF should be doing all that she can to help you, come on she is local, at least she can help you communicate. Did you have any witnesses when the accident happened?

Good luck and keep us posted
R.