Question: I have a third-party policy. In January, I was involved in an accident. A truck hit the back of my car. The truck driver said he was not at fault. He fled the scene without showing any documents. I overtook the truck and had to slow down because of vehicles in front of mine. The truck came up behind me and hit the car.I reported the matter to the police and my insurer. I filed a claim with the insurers of the truck. The truck owner says that he is not accepting liability. His insurers are not accepting responsibility as well. Would it be wise to sue him?
- williamso12@yahoo.com.
Answer: There is no point in trying to sue the truck driver and its owner. If you do so, you will lose the case. A judge, after hearing your statement, would be most unlikely to conclude that because your car was struck from behind by the truck, its driver caused the accident. A more likely outcome is that the court would find that when you overtook the truck, it was unsafe to do so. That is, you were the cause of the accident.
SKILFUL EXECUTION
Overtaking, as a manoeuvre applied to driving, implies careful planning and skilful execution. When done properly, many things are taken into account.
Road conditions, other road users, visibility and traffic regulations are among some of them. Passing another vehicle on the road is a risky business.
This is why there are rules that relate to the giving of signals and apply specifically to overtaking.
Courts have, over the years, generally held that it is the duty of the driver of the overtaking vehicle to make sure that it is safe to the other vehicle.
The police and the Road Safety Unit of the Ministry of Transport and Works say that overtaking is one of the leading causes of traffic accidents. This explains why there are so many signs on our roads that say 'undertakers love overtakers'.
You took a chance when you overtook the truck. Had it been safe to pass and re-enter the lane in which it was travelling, you would not have had to suddenly slow down in front of the truck.
You caused the accident - not the truck driver. The third-party's insurers, the driver and the truck owner are right.
You can still save money on car insurance
Question: I have been insured with an insurer for 12 years. I never made a claim before April 2008. Another driver ran into the back of my car. I have received payment for the damage, and even been offered loss of use and been reimbursed the excess I paid under my policy. This suggests that the other insurance company has settled. I have now received my renewal notice. My 65 per cent no-claim discount has been reduced to 35 per cent. Should this have happened when I was not at fault?
Answer: My case is almost like yours - except that I did not have an accident. My ex-insurers (note the 'ex' very carefully) decided to increase my premium by a few thousand dollars this month. They did not give me a reason. They simply raised the premium. They know who I am and what I do for a living.
They also know or should know that I have access to information about whether they made a loss or a profit on motor insurance last year. They were one of four companies that made an underwriting profit.
Guess what I did? I asked my brokers about the quotations from other insurers. A few days later, they informed me another insurer - not the one with the cute-looking gecko with the lovely accent - had offered to insure my car for $13,000 less.
The moral of this story: Shop around. It is still possible to save money on your car insurance.
Cedric E. Stephens provides free, independent information and advice about risk and insurance. Email: aegis@cwjamaica.com.
