Driving in Mexico Is Not Such Risky Business : Auto insurance: A few U.S. rental companies now offer coverage in Baja California. For many others it’s still forbidden. But the lack of insurance doesn’t stop some renters from proceeding at their own risk.

Driving a rental car across the border into Baja California has become an easier task these days--at least as far as insurance is concerned.

Avis recently began offering insurance for the first time to renters going into the northern part of Baja, including the cities of Tijuana, Ensenada, Mexicali and Rosarito.

In the past, the company specifically prohibited consumers from taking its rental cars into Mexico, with this provision even stenciled into its contracts with renters. U.S. insurance generally doesn’t apply once you cross the border (it’s not recognized by Mexico law).

Dollar Rent A Car began allowing renters to drive into Baja three years ago. “You can drive our cars as far south as San Felipe (160 miles southeast of Ensenada on the eastern coast),” said Sharon Whitaker, director of marketing for Dollar’s San Diego station.

Many other car rental companies, however, still forbid renters from taking their cars into Baja.

Both Dollar and Avis have responded to public demand. Many people who wanted to spend a day or two in Tijuana would park their cars on the U.S. side of the border and take a bus into Tijuana, if they didn’t want to bother with stopping at the checkpoint to get Mexican insurance.

“There’s been a steady demand for rental cars, especially from shoppers who don’t want to lug their purchases around,” said Sarah Bates, director of marketing for Avis of Southern California.

“In some instances, people with a car rented in the United States would suddenly discover they couldn’t take it into Mexico, so they would park the car on the U.S. side, pay for parking, then rent another car in Mexico,” Bates added.

However, to avoid such inconveniences, some renters take rental cars into Baja without permission.

“We don’t allow our cars to be driven over the border,” said Ted Anderson, president of Thrifty Car Rental in Los Angeles. “In reality, people do it anyway and purchase Mexican insurance. However, they’re voiding their contracts with Thrifty and putting themselves at risk.

“If our car is damaged or stolen, the renter would have to pay us and then go after the Mexican insurance company for reimbursement.”

While some renters are willing to assume more risk to skip time-consuming hassles, there is another tactic to consider.

“You can take a cab or bus into Tijuana and then rent a car from a Mexican company, which may be affiliated with an American company,” Anderson said. “And the rates are often substantially cheaper in Tijuana.”

The new Avis insurance policy is offered in conjunction with the Mexican government-owned Asemex Insurance Co. Dollar is working with the same company. Prices for both policies start at about $12.60 for the first day.

Coverage, up to certain financial limits, includes collision, fire, total theft, damage to property, bodily injury, medical payments and the services of an attorney in Tijuana retained by the Mexican insurance company.

“It’s important that renters realize they’re not covered for partial thefts such as a radio or tire,” said Forrest Baker, vice president of International Gateway, a Bonita, Calif., insurance broker for both Avis and Dollar.

The tab does cover all Mexican taxes and fees. Both Avis and Dollar provide kits that include, among other things, policy information, a map of Baja, details of accident-reporting procedures and a list of insurance adjusters in Mexico.

In addition, you receive a question-and-answer newsletter with useful information about car and RV travel in Mexico.

Insurance does not cover simple traffic fines, such as moving or parking violations.

None of the phone numbers in Mexico are toll-free. They are for use during standard business hours, except the Tijuana attorney, who is on call over weekends when most people are likely to rent.

If you rent from Avis at LAX, you can get the Mexican insurance at the time of rental. From other Southern California stations you may have to stop off at an Avis station in San Diego to buy the insurance. Cars from Dollar have to be rented in San Diego before they can be taken across the border.

Both Avis and Dollar have San Diego stations both at the airport and downtown. Renting at airport stations means paying an airport fee, which would raise a one-day rental to $13.86.

While there is no law requiring that you have Mexican auto insurance, it’s a good idea. Under Mexican law you are guilty until proved innocent, the reverse of our legal system.

“There have been plenty of horror stories of American drivers, both in their own cars and in rentals, who have been held in custody while matters were sorted out after an accident,” said Bates.

Having evidence of insurance for driving in Mexico can help you to at least establish a measure of financial responsibility and probably keep you out of jail if you get involved in an accident, Baker said.

“It’s a misconception many people have that whatever happens, the American is held to blame and carted off to jail,” Baker added. “Unless it’s a very serious accident, you won’t be put into jail and the facts will establish who is at fault, not nationality.

“You can, however, be required to stay over, possibly in a motel or other accommodation, until responsibility is established and you can produce proof that you can pay for damages. But being held over doesn’t necessarily mean jail.”

Drivers should also realize that there is likely to be a fine. “You can’t pay this fine on the spot,” Baker said. “You have to go to the police station. But once you pay the fine you’ll be allowed to continue driving, unless responsibility hasn’t been established.”

Under Mexican law you can be legally held for 72 hours without being charged.

If you are driving your own car into Baja you don’t need a car permit because Baja is considered a “free zone.” But you will need a permit to drive in Mexico, or if you decide to take your car on the ferry from Baja to mainland Mexico.

A tourist visa is required in Baja, however, if your stay is for more than 72 hours.

You can request car-permit applications from U.S. car rental agencies, the Mexican Government Tourism Office (10100 Santa Monica Blvd., Suite 224, Los Angeles 90067, 213-203-8191) or Mexican auto insurance companies.

Try to do your driving during the day hours so you can reach your destination before nightfall. It’s more difficult to see people and animals walking along the roads in the dark. Potholes on some roads will also be more difficult to see and avoid at night.

If you are involved in an accident, get all the particulars and try to take a picture of the damage to the vehicles involved. Adjusters will also take pictures.

Consider taking these supplies on your Baja driving trip: a first-aid kit, searchlight, toilet paper, flares and cans of liquid rubber that can be used in case a tire can’t be repaired or changed.

Gas stations could be 50 miles apart, so it’s a good idea to fill up the tank often. Both unleaded (Extra) and regular gas (Nova) are available. Gas prices are comparable to U.S. rates.