Answer: I was called a coward by rightsize2005@yahoo.com. I tell readers 'foolishness'; he advised me "to be honest" or "stop writing". He appeared to be indirectly saying that I am the mouthpiece for insurance companies.

His comments were made in the context of an article I wrote two weeks ago under the headline 'Are insurers engaged in price fixing?'

I will ignore that reader's advice to stop writing. I have decided instead to use that article as my starting point in replying to your questions.

They provide good examples of the complexity of the problems that consumers face. This was one of the key points of that piece - a subject that 'rightsize2005' studiously ignored.

Should it matter who was driving the truck?

Each person who drives a motor vehicle is required by law to have a driver's licence. The licences fall into three broad groups: one applies to private cars, the second to motor cycles, and the third to commercial vehicles. Permits to drive trucks are in the third group.

There are several categories of commercial or general driver's licences. General licences have restrictions. Some are based on the laden weight of the vehicle. Passenger-carrying vehicles are, in some instances, excluded from some types of general licences

Insurers in Jamaica and elsewhere follow the law and regulations in relation to licences when they insure vehicles.

Motor-insurance contracts offer protection on the basis that 'the person driving is the holder of a driver's licence or other permit (which) has not been withdrawn or disqualified and is valid and currently in force'.

If the truck driver did not have a licence that was appropriate for the type of vehicle, the third-party's insurer is within its legal rights to avoid liability. As a result, driving permits are examined before contracts begin and whenever accidents are reported.

Motor-insurance policies also have to follow another law. This is The Motor Vehicles Insurance (Third-Party Risks) Act.

The act, among other things, forces insurers to pay certain kinds of claims that they would have normally been able to avoid.

It is, however, silent on the subject of claims where the driver does not have the appropriate permit. What this means is that our lawmakers feel that victims should use means other than insurance to seek recovery.

Legal Remedy toObtain Recovery

You and your insurers can exercise sanctions against the truck driver/owner by way of a lawsuit.

One problem associated with this approach is that the process is very slow due to the pace at which our court system moves. Another is that legal fees - probably in excess of $242,000 - are likely to be involved.

I suspect that your insurers may be lukewarm to the idea for these reasons. Discuss the subject with them, and explore sharing some of the costs with them, assuming that you can afford it.

Another approach is to contact a claims negotiator.

My friend Gordon Brandon (email: cal@claimsadmin.com) wrote me to say that I have "never suggested a claims negotiator in any of (my) recommendations". He assured me that they can save "aggrieved parties a lot of problems".

A third approach is to use the services of the Resident Magistrate's Court without the services of an attorney. Contact the clerk of court to find out if this will be of any help.

Finally, I hope that you - and my other readers - will not dismiss these opinions to be of no use in your quest to recover the money lost as a direct result of the accident. Insurance does not cover everything.

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