Cedric Stephens, Contributor

Question: The left rear door and fender of my station wagon was hit by another vehicle along the Palisadoes Road in December 2005. The driver was in the process of making a u-turn. My vehicle ended up in the sea on the other side of the road. My upper back, right knee and other parts of my body were injured. An attorney filed a claim in the Supreme Court on my behalf to recover damages. The third party's insurers, in the words of my lawyer, have refused to negotiate. I am desperately in need of the money. Persons in the insurance company's claims department have told me that the money is ready to be paid. What should I do?

- pepe4c@yahoo.com.

Answer: 'Justice system going to the dogs' - so screamed the headline on Page A2 of the April 24, 2007 issue of The Gleaner. The conditions that court journalist Barbara Gayle describes are, no doubt, linked to your problem.

The insurer could be exploiting "the shambles" in the courts. Its refusal to negotiate means that the matter will have to go to trial. This could not be until 2012 or 2017, according to one of the five articles in the newspaper.

Hidden message

The hidden message, assuming what you said is true, could be: withdraw the claim, fire the lawyer and negotiate a quick settlement directly with the insurer or, face th of a long wait.

No insurer would admit to exploiting weaknesses in the judicial system. Insurance is, in theory, founded on good faith. This means "a total absence of any intention (on the part of the insurer or insured) to seek any unfair advantage."

In practice, the reality is often quite different. Even civil suits brought against the government, according to Ms. Gayle, "have to wait for years" before they are "heard by the courts." On the other hand, there could be 1,001 other reasons why the insurer decided that your claim should go to trial.

Do not fire the attorney and go for a quick settlement - no matter how desperate you are.

This would leave you at the mercy of the insurer. You do not have the knowledge, skills or financial resources to do battle with them. The cards are stacked in their favour. For example, personal injury claims like yours need an awareness of certain aspects of law and medicine. The average person is ignorant about these matters. Remember also that the guys calling the shots in an insurer's claims department operate off stage.

In the background are an attorney, a medical consultant and, of course, the cheque signers. They are on the insurer's payroll. You would be doing a disservice to your family if you tried to negotiate settlement on your own.

Tell your lawyer about your discussion with the insurance company official and seek his/her advice. Ask for full details of the insurance company's offer. Compare this with the details of the claim your attorney made.

Ask your attorney to explain in simple language why both sides are unwilling to find middle ground.

Get an estimate of when the matter is likely to be heard in the courts. Ask him/her to provide an estimate of the chances of success.

Explore what would be involved in seeking an out-of-court settlement, what costs would be involved, and how quickly this could be done.

My experience with lawyers is that some of them operate as though the only solution to a legal problem is to go to court - in spite of all of the problems in the system.

Others take a more practical approach. Giving and taking on both sides - negotiation - is to be preferred than an uncertain outcome when the matter is heard in court five to 10 years later.

Your attorney could also be a big part of the problem. It is quite probable that he/she will earn a bigger fee some time in the distant future than if a settlement were to be negotiated this year.

You need to take charge of the situation. It would be a mistake to leave everything up to the lawyer. It is quite possible that once again the interests of others are taking priority over yours.

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@cwjamaica.com