Question: My car was in an accident on October 1, 2008. It was being driven by my significant other. A report was made to the Half-Way Tree police. The vehicle was in the left lane going north along Waterloo Road. Another vehicle was slightly ahead but in the lane to its right. A third vehicle was going south. It was turning right into South Avenue. The traffic lights were green for north- and south- bound traffic. There is no light there for vehicles turning right. Vehicles in the north-bound lanes have priority over those turning right.

cannot afford to pay

When the driver of the third vehicle turned, he caused the accident. As a result, my vehicle and the other car in the right lane were damaged. The repairs to my car were paid under my policy. The insurers of the vehicle that caused the accident say my vehicle was partly at fault. Blame was assessed at 50 per cent and then reduced to 20 per cent. I disagreed. My claim has still not been settled. The matter now has to go to arbitration. This will take about three to six months. In the meantime, my premium has gone up by $110,000, from about $45,000, to $155,000. I have had to park my car. I cannot afford to pay that amount. Can you please help me?

- bashyangel@yahoo.com.

Answer: Thanks to the Worldwide Web and my favourite search engine - Google - I looked at the Driver's Manual of New York State's Department of Motor Vehicles. Chapter 5, on 'Intersection and Turns', is relevant to resolving one of your problems: Who caused the collision in which your car was damaged?

Most traffic crashes occur at intersections. This is also true in local accidents. Accidents take place when drivers make turns. To avoid such crashes, drivers and others - including insurance companies' claims staff - should understand the right-of-way rules and how to apply them.

"Traffic signs, signals ... do not always resolve traffic conflicts. A green light, for example, does not resolve the conflict between a car turning left (right in our case) at an intersection while an oncoming car is going straight through. The right-of-way rules help resolve these kinds of conflicts. They tell drivers who goes first and who must wait in different situations."

Here are the right-of-way rules:

A driver approaching an intersection must yield the right-of-way to traffic already lawfully using the intersection.

If drivers are approaching from opposite directions reach an intersection at about the same time, a driver turning left (right in our case) must yield to approaching traffic going straight or turning right (left in our case)."

Vehicles must wait for the approaching traffic to go through before they turn. They may enter the intersection, however, to prepare for the turn if the light is green and no other vehicle is ahead preparing to make a right turn.

When they enter the intersection, they should stay to the left of the centre line. The front wheels of the vehicle should be kept straight to avoid being pushed into oncoming traffic should a rear-end collision occur. When the approaching traffic clears or stops for a red light, the turn should be completed.

Based on these rules, I do not have any evidence to say who caused the accident. I am, however, inclined to agree with you and the accident investigator that the driver who turned right is mainly to blame. On the other hand, I find the actions of your insurers to be very strange. They should be leading the fight to recover the money that was paid to fix your car. Their claim against the other insurer should include your own damage excess ($60,000 by my estimate), plus other insured expenses, like loss of use. Why are they out of the picture?

need claims professional

Arbitration is a process that insurers and their policyholders use to resolve conflicts. You are not a party to the contract between the third party and his insurers. I do not understand how the latter could seek to invoke arbitration in relation to your claim. You need the services of a claims professional. Contact Gordon Brandon of Claims Administrators Limited (email: cal@claimsadmin.com) for help.

The second problem you have is to find a new insurer. Seek a company - through the services of a broker - who will take a dispassionate look at a crash, determine who was at fault, and not try to punish you for what happened.

Your existing intermediary works for the insurance company - not you. Since he is paid by way of commission, he stands to gain the higher your premium.

Finally, doesn't your 'significant other' have an obligation to help you to solve the problems? After all, he was driving and may have contributed to the collision.

Cedric E. Stephens provides independent information and free advice about the management of risks and insurance. Email: aegis@cwjamaica.com.