Insurance Helpline With cedric Stephens

Question: My car was hit by a minibus on Spanish Town Road last October. As a result, its right wing mirror was destroyed. The cost of replacing it is $20,000. I reported the accident to the Hunts Bay police and to my insurers. The police contacted the minibus driver, obtained a statement and threatened to prosecute him. He said that he would pay to repair my car. I have heard nothing from the police or the other driver since last year. The bus driver, police and my insurers have treated me unfairly. What can I do to prevent a similar thing from happening in the future?

- dag2406@yahoo.com.

Answer: You have begun the process to prevent the recurrence of the unfortunate series of events that started with the collision between the minibus and your car. The first step is to understand what happened. The other bit of good news is that there is still time to file a claim against the minibus driver. That is, assuming you are willing to invest the time, effort and, possibly some money, into trying to recover your losses instead of paying an attorney to do so.

You do not appear to be aware of how 'tings run'. The minibus driver, not unnaturally, is very familiar with the 'runnings' given the nature of his job. He understands that despite the grand mission - "to serve, protect and reassure" - some officers in the police force are not driven by these ideals; that a big gap exists between the stated purpose of that institution and what happens on our roads. The bus driver, I suspect, took measures that protected his interests. In ignorance you did nothing.

JUST ANOTHER STATISTIC

Your insurers treated you like a claimant, not a customer. There is sharp divide between the two. Customers are valuable. They pay money to insurers. Claimants demand money. They are to be avoided. Even though the records of your insurers showed that you were a new car owner, they gave no assistance when you cried out for help. Poor management is at the root of the treatment you got. If you were an important customer, an official would have spent time telling you how to recover your losses even though the company had no legal duty to pay for the repairs to your car.

COURT CLAIM

You can file a claim in the Kingston RM Court on Sutton Street against the bus driver to recover your losses. Given the size of your claim there is a fairly good chance that you may succeed. This information was given to me by two friends who are both lawyers. One works in the Office of The Attorney-General; the other is in private practice. I believe that the information is reliable. If you are lucky, the matter can be heard in a few weeks.

Here are some things that you can do to start the process:

1. Visit the offices of the court and ask to see the clerk of courts or the deputy.

2. Get information about how to file a claim against the driver of the minibus, how long the process is likely to take, when the hearing is likely to take place, what details and documents will be required, what forms you will have to complete, how you should go about serving the papers on the bus driver, what assistance will be available, etc. When you have obtained all these details you can make a decision whether to proceed against the bus driver.

3. After you have completed Item 2 you may need to visit the police station to obtain a copy of the police report which will involve the payment of a fee.

4. If you have repaired your car, retain the repair bill and evidence of any other expenses that you have incurred as a direct result of the accident.

After you have completed Item 2, may I suggest that you write to your insurers. Complain about the poor quality of their claims service. Tell them how they should have treated you when you reported the accident. If you do not get a written apology and a commitment to improve, start looking for another insurer.

Cedric E. Stephens is an insurance consultant. He provides free, independent information and advice to consumers who need help to solve their problems. Email: aegis@cwja maica.com