Accidents, Assistance and Liability

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dell symons

Guest
Since my recent arrival in the DR, I am receiving numerous advice from many Cringos concerning the do and don'ts of living in the DR.
The most disturbing advice I have received--and this from a number of people--is that under no circumstances should I stop and offer assistance to any Dominican involved in a motor vehicle accident, no matter how serious the injuries. I'm told that by offering assistance you somehow are assuming a legal obligation to pay all expenses arising out the accident.
However, everyone who has given me this advice has never been invloved in such a situation but knows someone who has.
Is there anyone out there who has been personally involved in such a situation
 
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Henry

Guest
I never had a personal expierence on myself, but a friend of mine just did last tuesday!

There is a point on the responseability which you may consider! First when there is an accident with the person heavily injured the people over here tend to steal everything what they can! This unfortunately includes the police! Now you as a helping hand can get later interrogated only for the losses! (It took my laywer two days to recover the handkerchief with all the papers etc. from the police, who knows what they wanted to do with it!)

Another point of view is that when they called the Medicare to drive her to the hospital they need to now if she is insured, otherwise they are responsible for the costs (including the hospital!)

You see, it's not an easy subject!

It is always like in other foreign countries - keep yourself out of trouble! (Even if it's against your nature!)

Henry
 
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azb

Guest
You know what, I have heard the same advise from gringos too. If I see someone lying on the street from an accident and need assistance, I guess i would help them. I have seen dominicans and taxi drivers take the injured to the hospital. I guess I would too. But the gringos maybe right, they can hold you responsible for the fees if you hang out long enough there (in the hospital). I guess you just take the injured to the hospital and get out quickly without talking to anyone (well, maybe explain to the staff where you had found him and in what circumstances).
yes, it sounds simple but i am not sure what you would be liable for in a case like this one.
I had heard that the law had been changed to encourage people to assist the injured on the street (at a scene of an accident).
Maybe someone can clearify on this new change in law?
thanks.
 
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Eddy

Guest
Haven't heard of any new law but it would be welcomed. Sadly enough, you will have problems if you stop to assist at any accident. Just keep on going. Most people don't even stop when they themselves run down a pedestrian or motocyclist.
 
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Santiaguera

Guest
Dell- BY FAR, my worst experience in the DR (and this tops getting ecoli) was with an accident...a kid hit MY car and was hurt (he was racing on his pasola/scooter with his other unlicensed, uninsured friends) and the whole neighborhood, police, everyone suddenly turned against the Gringa and insisted I pay not only for his medical bills, but his pasola, etc, etc. And these were people that knew me...it was scary!

Stay away from any type of accident and even though I would never drive away from one in the States, I would do it in the DR if it was not my fault...because you will be blamed! I wish it wasn't this way...
 
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Jim Hinsch

Guest
Re: Perhaps an attorney can comment on this system *DC*
 
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dell symons

Guest
Santiaguere
thanks for your first hand experience
given the number of people that are giving me this advice i honestly think that rightly or wrongly, it's simple not worth it to stop and possibly incur an enormous obligation for being a good samaritan
i agree that it's sad to adopt this attitude but like Leo Durorcher used to say---nice guys finish last
better to be safe than sorry
 
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ChicacagoChris

Guest
I can tell you people what the law is up here in Illinois but not down there however, I can tell you of one similarity. I got rear ended about 10 days ago by a Hispanic male about two miles away from where I live. This cocky little SOB charged me, told me he had insurance and told me he'd send me his estimate. Apologies senor but you hit me! It seems as if its cultural and machismo, at least from where I see it. Nobody wants to admit to any liability anymore anyway. That now seems to be universal (thanks Bill from Chappaqua or wherever his wife is from). That keeps me in business. May those in denial continue to keep me in busines as I have derived much pleasure from them.

ChicacagoChris
 
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Anny Mosity

Guest
What the law states in case of accidents is one thing, what can happen is another. I was driving with my lawyer between San Pedro de Macorix and Santo Domingo when an oncoming motorcycle went out of control obviously injuring the driver who lay still on the other side of the road. The cars behind him kept on going. I instinctively slowed down and my lawyer shouted at me to keep going. When I asked why, he informed me that the motorcyclist could easily say that I struck him and hold me responsible for his injuries even though we were not involved in the accident.

He advised me that if you hit a person or a motorcycle, keep going to the next police station and report the incident. The reason is that stopping can be dangerous. Friends and relatives
of the injured person will often blame you, even if it wasn't your fault and get violent. If you hit a motoconcho and stop you will be amazed how many motoconchos will gather and how ugly the situation can get.
 
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ChicacagoChris

Guest
Anny: I certainly know what you are talking about. For political correctness I purposefully omitted the following facts regarding my recent accident. First, I got hit by a car full of Mexicans. Second, he waved over another van full of Mexicans. I certainly learned first hand how ugly things can get when eight young men converge on you. Perhaps I shall dispense with the political correctness in the future however, when I have done so in the past, certain postings were deleted. Finally, I have practiced law up here for 20 years and get down there much more frequently than most people. I don't need to be reminded that laws differ from country to country. Up here they vary from state to state.