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Stabroek News



Common sense beats insurance know-how
published: Sunday | June 15, 2008


Insurance Helpline With cedric Stephens

Question: I was involved in a motor vehicle accident about five years ago. It occurred near Faiths Pen, St Ann. The police claimed that I was the cause. As a result, I had to pay a fine. I insisted on my innocence and took the matter to court. I was declared to be innocent of all charges.

The lawyer I paid to represent me did not turn up for the trial. I concluded that he would pursue the trailer driver's insurers to recover damages on my behalf. Nearly two years after the accident I left Jamaica to reside in England. I went to see the lawyer while on a visit there. He kept saying that settlement takes time.

I have tried to contact him from England but his secretary always says he is unavailable. My insurers say they don't have enough proof that I was operating lawfully in the terms of the insurance. The question is, why not pay me the money I am due? They also say my lawyer is also representing the trailer driver. Is there an honest way of getting this matter settled?

- twoolery@hotmail.co.uk

Answer: Mea culpa. I am very sorry for the delay. It is now taking me - based on the date of your email - an average four weeks to answer problems that readers like you write about. This is unsatisfactory in today's digital world. Insurance buyers, like other consumers, want quick, reliable, accurate, answers and advice to their problems - which most insurers and brokers appear unable to give. Because of this, I have started discussions with my editor, which I hope will increase the speed of my response and also allow persons in the diaspora, like you, to have access. Wish me luck.

Dishonesty, ignorance and incompetence are at the root of your problems. The trouble began with the police. The decision of the court provides compelling evidence that the officer who investigated the accident was less than honest and/or lacked common sense. If what you said about the lawyer is true, you are like Job.

The man took your money under false pretences. In addition, when he chooses to speak with you he tells you foolishness. The non-settlement of your claim after five years is very unusual. I would have absolutely nothing to do with the lawyer after he failed to attend court. He should be disbarred from his profession and be forced to spend time in prison.

written evidence

Contact the clerk of court where your trial took place. Get written evidence to confirm that the charges the police laid against you were dismissed. After that, write a registered letter to the third party's insurers. Tell them that you fired the lawyer. Enclose a copy of the court document. Explain that the courts declared you to be innocent of the charges the police laid against you. Provide full details of your claim and the proof to support it. Ask them to settle your claim. Send me a copy of the letter by email.

I am not sure why your insurers are involved. I assumed that you had third party insurance which would exclude collision damage coverage. Am I wrong? Please explain. Additionally, the statement attributed to your insurers that they don't have enough proof that you were "operating lawfully in the terms of the insurance" does not make sense to me. Ask them to tell you in plain English and in writing exactly what they mean.

Do not allow the insurers to frighten you. If the police were unable to do so, the clerks or managers in the insurance companies should not come close to doing so. Use the approach that you employed to win your case in court to do battle with them. Get evidence to prove your case. Common sense always beats insurance know-how.

Move with great haste. The longer matters like these remain unsettled the more difficult recovery becomes. Finally, if you need more help or advice at any stage of the process, let me know. I promise to reply to any future emails from you within 24 hours.

Cedric E. Stephens provides independent information and advice about the management of risks and insurance. If you need free information or counsel to help you solve a problem write to aegis@cwjamaica.com.

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