Cedric E. Stephens, Contributor

Question: I was involved in an accident with a police vehicle last month. It occurred at East and East Queen streets. That intersection is controlled by traffic lights. I was proceeding through on 'green' along East Street when the police vehicle struck. The siren was not on.

My vehicle was extensively damaged. The driver apologised. However, when giving his statement, he said that he had approached the light on 'red', stopped and then proceeded on 'green' after which he collided with me. I am positive about crossing the lights on 'green'.

Witnesses confirmed that the police vehicle had broken the stoplight. They were not willing to give their names or to provide statements.

I have a comprehensive policy. The estimate for repairing my car is $507,000. Its market value in December 2007 was $340,000. How are my insurers likely to respond to this claim? Is it difficult to get claims against the Government of Jamaica settled?

- L.W., Kingston 5

Answer: Call me cynical but, like the persons who claimed to have seen the accident and chose to remain on the sidelines, I know 'the runnings'. The police officer is setting up you and your insurers to bear the cost of the accident.

By apologising to you in private (for causing the mishap) and then by making an official report - to a fellow officer, no doubt - that suggests otherwise, he is making sure that the written record says you broke the red lights. Insurers use police reports, among other things, to determine liability.

His intent is clear: make you the cause of the collision, not the victim. If this happens, you and your insurers will pay the total costs of the accident, that is, the damage to the police car and yours, instead of the policeman and the GOJ.

Since your policy provides collision damage coverage, your insurers will do one of two things. They can pay your claim based on the estimated market value of the accident at the time of the accident, less the deductible (or excess) of 10 per cent. They could also take possession of the vehicle (the salvage).

Other approaches

The other approach would be similar to the first. In that case, however, they would deduct the value of the salvage from the market value and allow you to keep it. You will have to decide which of the two approaches is likely to produce the better outcome.

The longer-term issue - who bears the cost of the accident - will depend on who caused the mishap. If the policeman casts you as the bad guy, your insurers will end up paying to fix the police car. The attorney general, acting on behalf of the Jamaica Constabulary Force, will file a claim against you and your insurers to recover damages.

If your insurers were to settle any such claim you will lose your no claims discount. This will drive up the cost of your premiums over many years. On the other hand, if you can prove that the policeman caused the accident, it should enhance the chances of your insurers recovering from GOJ.

The nature of the damage to the two cars, your statement and the repair estimate can be used to reconstruct the collision with a reasonable degree of certainty. I gave you the name of a gentleman who is a specialist in this area. Contact him. Find out if he can help you to prove your case, that the police ran the lights. Ask him what costs are likely. Share the results of the research with your insurers and ask them to foot the bill. They also have a stake in the outcome.

Some members of the police force behave as though there is one set of laws for them and another set for civilians. There is evidence of this on our roads every day.

When the police become aware of the fact that we know 'the runnings' and have the tools to keep them on the straight and narrow, they will have no choice but to start obeying the rules of the road when they operate vehicles without the sirens and the flashing lights.

Cedric E. Stephens provides free, independent information and advice about risk and insurance. Email: aegis@cwjamaica.com