Cedric E. Stephens, Contributor
QUESTION: I was involved in an accident with an articulated vehicle (a tractor trailer) in September 2003. It was travelling in the opposite direction. It drifted to the right. The right rear outer wheel hit the right front of my car. My car was written off.
The police report stated that the tractor trailer caused the accident. The third party took almost a year to report the accident to their insurers who refused to settle my claim. I presented another police report. It was written by the officer who had come on the scene. He saw the post-accident positions of the two vehicles. The third party's insurers rejected the second report. They said that it failed to state the pre-accident position of my car. I am very frustrated. Can you tell me how to proceed?
- Very Frustrated.
ANSWER: Your case reminds me of a popular television commercial. The 'service' provider says NO to every enquiry from callers. It does not matter what question is posed. YES is not in that firm's vocabulary. The third party's insurers remind me of that company. Whatever you do, their client is still not liable for the accident.
Like you, I find it very hard not to believe that the insurer's approach is based on self-interest instead of facts. It may be worth your while to retain the services of a claims professional or attorney to deal with the hassles you are getting.
In nearly 18 months your claim has gone nowhere. A professional would help you examine options and decide on the best course of action. One would be to write off your financial losses and abandon the claim. In my opinion, this would not be in your interest. The accident was caused by the tractor trailer. That vehicle was insured. It would be most unfair and unjust if you - the victim - were to end up bearing the costs and inconvenience.
An 'expert' would try to negotiate settlement with the third party's insurers. These professionals bring tools and know-how to the process that the layman does not have. They know people in the insurance companies and their positions in the food chain. This helps them avoid obstacles [translation: difficult persons] and problems. They can persuade insurers to change their minds. For example, if one had been involved he (or she) could have told them that they did not have to wait 12 months for an accident report. They could have settled your claim under section eight of the Motor Vehicle Insurance (Third Party Risks) Act in the absence of a report.
Filing suit against the owner/driver of the other vehicle is a third option. There are arguments for and against this approach. One pro is that the vehicle is insured. This means that if your claim succeeds, there will be funds to pay you. There are, however, some drawbacks. You may have to wait years to get your day in court. Another is that you may have to find the legal fees upfront, to start the process. A third point against this one is that the outcome, at the best of times, is not guaranteed.
Getting the services of a good claims professional could turn out to be your number one choice. With luck you could get the claim settled in a few weeks at a relatively low cost. If this does not produce the desired results, you could always consider going to court.
I hope I have given you some information to help you decide the most appropriate course of action in your struggle for space on our crowded roadways.
Cedric E. Stephens provides independent information and advice about the management of risks and insurance. If you need free information or counsel to help you solve a problem, write to The Financial Editor or contact Mr. Stephens directly at aegis@cwjamaica.com.
