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Re: Car Accident Legal Problems

Postby admin » Thu Dec 15, 2011 3:42 pm

Dude, normaly we would offer to help, but after that insulting gnorant rant, don't call us (ever).

This is not mexico or guatemala.
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Re: Car Accident Legal Problems

Postby zer0nz » Thu Dec 15, 2011 4:00 pm

isnt the point of SOAP to pay for things like this?
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Re: Car Accident Legal Problems

Postby nwdiver » Thu Dec 15, 2011 4:03 pm

droog85 wrote:Hello all, long time reader, first time poster.

I am a US citizen living in Puerto Aysen with my Chilean girlfriend. On September 19th, I was involved in a car accident on the Carraterra, one of those blind curves on a single-wide road and I got unlucky, hit head-on with an SUV with a Chilean family. The guy immediately tried to make under the table deals with me, which I of course refused, because I really believe noone is at fault in the accident.

The guys wife broke a rib, it is not clear if that happened during the crash or in the 15 minute, violent panic attack she had sprawled out on the ground afterward. Now, I was given a citation yesterday to appear in court for injuring the woman. The 'trial' is set to be in the Caribenro station of this guys hometown, where he is the bank manager, obviously they are going to try to extort me. I am already completely out of money after fixing my girlfriend and I's car. I am only looking for work now to save enough money to be able to come back to the US, so needless to say, I can't afford either expensive legal representation or whatever they are going to get me to try to pay them. They are saying if I cannot pay I will go to prison here. I am totally freaked out. my emails to the embassy have gone unanswered and I cannot find a lawyer that speaks english, my spanish is very basic. If anyone out there has any experience in a similar situation or any words of advice at all, they would be greatly appreciated. I do not want t end up in a Chilean prison for refusing to give kick-back money to these small town cops. Man....




Take a translator, be calm and give the same story you gave to the Caribenros after the accident. The idea that the “small town cops” are extorting you is not the mood to go in with unless you want to be seen as uncooperative. If it was no fault, her getting injured is not your fault, or 50% your fault 50% their fault.

Settling out of court is not an “under table deal” what has you insurance company said, that why you carry it?

As the Admin said, your rant won't get you any help so can it, be respectful and tell the truth.
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Re: Car Accident Legal Problems

Postby zer0nz » Thu Dec 15, 2011 4:12 pm

nwdiver wrote:
droog85 wrote:Hello all, long time reader, first time poster.

I am a US citizen living in Puerto Aysen with my Chilean girlfriend. On September 19th, I was involved in a car accident on the Carraterra, one of those blind curves on a single-wide road and I got unlucky, hit head-on with an SUV with a Chilean family. The guy immediately tried to make under the table deals with me, which I of course refused, because I really believe noone is at fault in the accident.

The guys wife broke a rib, it is not clear if that happened during the crash or in the 15 minute, violent panic attack she had sprawled out on the ground afterward. Now, I was given a citation yesterday to appear in court for injuring the woman. The 'trial' is set to be in the Caribenro station of this guys hometown, where he is the bank manager, obviously they are going to try to extort me. I am already completely out of money after fixing my girlfriend and I's car. I am only looking for work now to save enough money to be able to come back to the US, so needless to say, I can't afford either expensive legal representation or whatever they are going to get me to try to pay them. They are saying if I cannot pay I will go to prison here. I am totally freaked out. my emails to the embassy have gone unanswered and I cannot find a lawyer that speaks english, my spanish is very basic. If anyone out there has any experience in a similar situation or any words of advice at all, they would be greatly appreciated. I do not want t end up in a Chilean prison for refusing to give kick-back money to these small town cops. Man....




Take a translator, be calm and give the same story you gave to the Caribenros after the accident. The idea that the “small town cops” are extorting you is not the mood to go in with unless you want to be seen as uncooperative. If it was no fault, her getting injured is not your fault, or 50% your fault 50% their fault.

Settling out of court is not an “under table deal” what has you insurance company said, that why you carry it?

As the Admin said, your rant won't get you any help so can it, be respectful and tell the truth.


Yes. this the thing...

a) where is your travel insurance? this would cover this mess for help...

b) where is the SOAP for the car... its illegal to drive in chile without out... this covers the injury to the other person???? (or am i wrong)......
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Re: Car Accident Legal Problems

Postby scandinavian » Thu Dec 15, 2011 4:20 pm

Car accident on the 19th of september... Did they test for alcohol???
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Re: Car Accident Legal Problems

Postby efuba1975 » Thu Dec 15, 2011 5:10 pm

I am not on here often, but I am guessing your "small town cops", "obvious extortion", and "trial" which you have made to seem is not really a trial, is where the insults began...
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Re: Car Accident Legal Problems

Postby rachelmarama » Thu Dec 15, 2011 5:14 pm

I would hazard a guess and say that the offense is being taken by your assumption that these people are out to extort you. It's entirely possible that they are following the due legal process of Chile. While you think the accident was not your fault, it's entirely possible that they do.

You need to be finding out about the insurance you do have, and you need to be talking to a lawyer. Why is your Girlfriend not doing this - she's Chilean, so I assume she could be translating for you?
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Re: Car Accident Legal Problems

Postby rachelmarama » Thu Dec 15, 2011 5:18 pm

posted at the same time as efuba1975....

It makes me wonder a little... OP is from the states, which is represented in (some) media as being a nation of people who sue others for the slightest (ridiculous) thing (oh my coffee was hot and burn me, lets sue mcdonalds. oh my operation didn't turn out how I wanted, let's sue the doctor), yet he thinks going to court after a car accident in which someone was hurt and both parties deny responsibility is extortion.

Maybe I have a tarnished view of the US.
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Re: Car Accident Legal Problems

Postby zer0nz » Thu Dec 15, 2011 6:22 pm

droog85 wrote:So does anyone understand the situation or are you guys just tied up on ideas of american imperialism etc. etc? I was hoping to receive some advice from fellow humans, I am sorry I took your time. Thanks anyway.


we are not lawyers... your going to need one.... 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.............



if you have any type of travel insurance, find there emergency number and call them, you should hve cover for this type of thing...
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Re: Car Accident Legal Problems

Postby Donnybrook » Thu Dec 15, 2011 8:09 pm

You have made a lot of assumptions without, by your own admission, knowing what is going on.

Your should have the seguro obligatorio, SOAP, which will have the insurance company name on it. You must have this insurance to drive in Chile, renewed every year, but it can be bought from any provider of the insurance. So you need to know who your provider is. You need to contact the provider to ask how to proceed BUT there is a time limit on this. Did you contact them at the time? What did they say? Were you driving on a license valid in Chile? Your situation depends a lot on the details of the accident, what papers you carried and what the police report says. I assume there was a police report because you were breathalized. The woman's injuries would have been noted in the report after being confirmed by a doctor. She is a lot more likely to have broken the rib in the accident than having a "panic attack" after it and I really wouldn't try to suggest the latter to anyone.
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Re: Car Accident Legal Problems

Postby trabajo en progreso » Thu Dec 15, 2011 8:22 pm

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.


And for those who aren't in the business of selling property or services who take offence?
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Re: Car Accident Legal Problems

Postby heathrj » Thu Dec 15, 2011 8:47 pm

Seems much more likely to me that she was lying on the ground writhing in pain from a broken rib (and probably panicking because of it) than having gotten the broken rib from the panic itself. I agree with Donnybrook - I would avoid spouting that theory as it comes off as 'blaming the victim'.

How sure are you that the accident was 'no fault'? How fast were you driving compared to the other vehicle? What were the road conditions like? Were they able to come to a stop before you hit them? Are you sure that the other vehicle didn't have the right of way (i.e., were you going downhill and the other car up)? I can see lots of reasons for the police to investigate this accident and why it wouldn't automatically be written off.
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