Chilean police and post accident procedures
 

Had a crash on the Carraterra Austral (near Puerto Rio Tranquilo) one week ago with a 4x4 coming from the opposite direction. The police got involved and have taken my license and that of the other driver.

The other driver blames me and wanted $1200 at the time of the crash. We both had to report to the municipal judiciary to provide a declaration of the events surrounding the crash. I also learned that the bill for his repairs had grown to $1700. Fixing my Africa Twin with new parts (complete front end required) will cost in excess of $3000.

The court office informed me that I would get my license back the following day at the municipal offices in Coyhueque. Went at the time I was supposed to and there was no sign of the paperwork and nobody knew anything about the accident and the procedures that will follow.

I have been led to believe that both parties will meet a judge and he will make a suggestion to resolve the matter. Each party can then reach an agreement or if not a lengthy legal process will start. It has been mentioned that the other party may ask the judge to issue an order that prevents me from leaving Chile in this time.

I informed the court office that I was leaving town for a week to pick up my spares in Santiago and would return ASAP. Hopefully then the paperwork and a clearer idea of what will happen will be available.

I am very interested to know if anyone knows what options are open to me and what might happen. Leaving Chile is not an option at the moment as my bike will take a while to fix and I am still some way off riding a bike again.

Many thanks for any help.

Matt

Matt, be sure to contact the Chilean HU Communities - might be some help available there.

Best of luck!

Grant

I have no info on Chile police, but I am holed up in Puerto Rio Tranquilo waiting for parts to arrive from Santiago for my 650. We could drink beer if nothing else.
Rene

Hola amigo,

First, bad news about your bike. I have an Africa too, and the new parts are not in stock here in Chile. I must wait 45 days for some new parts. Honda Chile only works about cars, bikes are only a big problem for them. The other solution, but at high cost is to buy the new parts in Internet mostly from European stores.

I can suggest you to get a Chilean lawyer to help you, if not probably you will finish paying all the damage.

------------------
Ya verás como quieren en Chile al amigo cuando es forastero (traditional song)

Jose Pedro Espinosa
Curico, Chile

Thanks guys for your ideas and suggestions, I have been in touch with the communities but feel somewhat alone.

The good news for the bike is that I will have a new front end (minus plastic) arrive later today in Santiago from the UK (a bargain second hand front end). Will then arrange to ship it down south.

Problems with the law continue. The British Embassy were of no help whatsoever - these guys are absolute b"·$%&/rds to anyone with a British passport. However I did meet a very attractive and helpful lawyer who has given me some helpful info.

Once I return south I will hire a local lawyer, whatever happens in order to leave the country I will probably have to pay off the other driver for my trip to continue in the short term.

Beautiful country - will not let this spoil it.

Cheers, Matt

Hi Matt

Missed your original post; sorry to hear about the incident.

Good to read that you have a positive attitude, I hope that it all works out quickly and well! Keep us posted please.

Regards, Mick

hiya Matt, sorry to hear about the incident, if we can help let us know, we will be in Usuhaia tomorrow. what exactly happened on the carratera austral then ?

...and to you Rene, what you done to the beemer, again if we can help let us know. if not hope to catch up with you in BA.

buene seutre amigos

Hey ^trotters!
My event is much less spectactular. After fixing a flat tire, still while sitting in the dust in the shade of the moto, decide to take a look at the front sprocket, and to my surprise, it was almostly completly round. So much for my preventative maintenence. I should be rolling in 5 days or so. I traded my last book for War and Peace at the beginning of the week, so I comfortably settled in here!
Hope to meet in BA!
rene

Hey Rene!

Nice to hear that you're well with War and Peace ;-) We are now in el chalten, and it looks like that for me, my trip is over, my fork broke on the ruta 40... I will write right now a new thread in the same forum.

Marco
http://www.schnueriger.net

Oh man, are we all out of action at the moment?

Good luck guys

Matt

Matt

Sorry to hear about the accident. We were in Puerto Tranquilo last week with Renee and Marco. Have not had any experience of CHile police in these circumstances.

Motoadventura is a Chilean motorcycle tour company in Osorno and Sonia, the owner, speaks good English. Maybe she can shed some light on procedures? Don't have their number, but she has website and advertises on HU.

Marco - no fork either? Renee - have your bits arrived yet? I made Ruta 40 without falling off and the road just claimed by rear mud guard. I feel very very lucky . . . .

Matt - you still in Cohyique? I just arrived (21st) and will be here for a few days as I need some work done on the bike (don't we all!! ha ha)

Staying at Hotel Luis something or other, seems to be in the main high street. Room is above a very noisy music store...

I owe you a beer!!!

Greg

Hey Greg,

Looks like I missed you. Left on the 20th from Coyhueque. Spent the last couple of days hooning down the Ruta 40 to El Calafate. What a boring route - only thing of interest were the armadillos.

For a mechanic in Coyhueque go and see Paolo - he has a workshop on Prat near the centre set back from the road - loads of dogs in there so be careful! He helped me get back on the road and has a few bits for an Africa Twin knocking around too.

Good to be going again. See you for that beer in Guildford. I'm back in June.

Cheers

just to add to the carnage list of bikes............ our 1150GS threw its ´final drive bearing´ last night, we are holed up in Comodora Rivadavia trying to get the bike back to BA.
we have been quoted US$1200 to rent a pickup and trailer, i´m sure they´re on drugs down here.

if anybody can help please do so


[This message has been edited by goggstrotters (edited 24 February 2005).]

Man, everybody seems to be in trouble! The best of luck to you Marco and Matt!
As for GoggsTrotters, i have a spare set of final drive bearings here with me in Ushuaia, but they are for an 1100gs.
If they fit, i could sent them to you.
Cheers
Ferry

goede dag,

tomorrow i will check if the bearings are compatible and if there are any in stock here in BA, either at BMW or a bearing supplier.

if i need them i will get back back in touch, thanks for now anyway, by the way are you the couple who changed their clutch recently ?

Thought I better answer my earlier question about what happens when you are involved in an accident. But I suspect that what happened to me may not be the standard procedure.

After the accident the police took my license and told me I would get it back once I had made a declaration about the circumstances of the accident. I went and did this as requested and then was told I needed to go to the judiciary office the next day to speak with the judge. In a case like mine where nobody was seriously injured and where there was a dispute over who was responsible for the damage to the vehicles, it is a small matter but which is fairly lengthy to sort out. The most important thing was I was not prevented from leaving Chile.

I never got to speak with a judge, the other party had appointed a lawyer to represent him and the judiciary office told me I needed to do the same. I explained that as a tourist I had to leave Chile to continue my trip and needed my license. It seemed that nobody wanted to reach a quick settlement and after 17 days of this nonsense, I managed to repair the bike and leave Chile.

Perhaps one day this may come back to haunt me. Perhaps not. I have had no subsequent problem reentering Chile further south on the way to Tierra Del Fuego.

So it seems I have lost my license (will have to get another when I return to the UK) but that seems better than paying for a lawyer and/or expenses the other party is claiming from me. Next big trip I will ensure that I have 2 driving licenses to cover such inconveniences.

On a brighter note, the bike has been fixed and is going well. Looks a bit ugly with the gaffer tape front end but I just stand in front of this part in all the pictures now! Good to have reached Ushaia without further incident.

Good luck to you other guys with problems.

wow, quite a solution you found there, Matt! Just driving off to Ushuaia. I don't think the other party will be very happy with you http://www.horizonsunlimited.com/ubb/smile.gif

Very nice the africa twin is fixed again and you've made it to Ushuaia! If you want to go for a beer, we'll be here for another day.
Cheers
Ferry

@goggstrotters: yep that's us, with a brand new clutch! http://www.horizonsunlimited.com/ubb/smile.gif


[This message has been edited by berdebeer (edited 01 March 2005).]

Hey Ferry
How long did you wait for that clutch? And was the jungle trip worth 100 bucks?
Julia & Kev

the bike is sorted, with the kind help of Sandra and Javier at ´Dakar Motos´ in BA, they are unbelievably nice people and it makes us happy to know that the HU community is there to help any of us when the time arises.