Beware the weather-induced three-card road scam

Insurance Helpline - With Cedric Stephens

Question: On September 9 this year, I was travelling to work along the Race Course Road. The time was about 7:20 a.m. It had been raining heavily for several days. This resulted in land slippage along the way. The road is very winding with potholes at various places.

On my way home from work the previous evening, I noticed a large landslide on one section near a corner. Because of this, I cautiously approached the area that morning. The landslide was in the left lane that is, the lane in which I was driving. I stopped. No traffic was in sight, so I proceeded to avoid the landslide which consisted of mud and uprooted trees. As I made my way around the rubble, in the right lane, I sounded my car horn continuously.

Before I cleared the rubble, a robot taxi came at full speed around the corner from the opposite direction and slammed into the right side of my vehicle. Luckily, I sustained no injuries, but the damage to my vehicle was estimated at J$245,624.85. The police informed me that because I had not cleared the right lane, completely and was hit in this lane I had to accept liability for the damage that was done to my vehicle. This does not seem right to me. Do you agree?

- Borobridge PO, St Ann

Answer: Robot taxis operate illegally. Operators of these vehicles do not have the driving and other permits that are required by law. Often, these vehicles are uninsured or operate in violation of their insurance coverage. The police authorities seize robot taxis and prosecute drivers. Robot taxis seldom obey the road code. Add to these well-known facts the amount of money that is at stake.

Call me a conspiracy theorist, but could it be that the robot taxi owner/driver and certain Jamaica Constabulary Force members are engaged in a plot to blame you for the accident? If the plan succeeds, the taxi owner/driver could save nearly J$250,000, avoid prosecution, and retain the use of his vehicle. The law-enforcement officers could also benefit, financially — under the table. You, on the other hand, are likely to end up the loser in what appears to be a three-card scam!

hazard perception

Experts who study driving say that mature and experienced drivers develop hazard-perception skills. Those skills are less developed among novice drivers. Novices tend to miss some "relevant hazards and may be less able to process important elements in the environment while driving".

As a result, they react less appropriately to hazards than older and more experienced drivers. This is one of the reasons why young and inexperienced drivers pay more for motor insurance than mature drivers. Hazard identification and "demonstrated overt recognition of the hazards" are some elements of the skills that mature drivers display.

Identification of hazards assumes that the driver is: "1) looking at and perceiving the potential hazard; and 2) knows that the situation at hand may be hazardous." In other words, "the driver has developed a complete 'mental model' of the situation and is able to recognise the situation as potentially hazardous" and develop strategies for dealing with it.

The local bible on driving is The Jamaican Road User's Guide. When it was first published in 1997, the chief technical director of the Ministry of Local Government and Transport and chairman of Island Traffic Authority said it contained "advice and information consistent with the rules of the road and good traffic practices".

Here some things in it that I believe are also relevant in deciding who was to blame for the accident:

1. "... A driver should look ahead for information that will alert him (or her) to possible hazards. Where you are in the country should influence your driving. Observe the location, weather, time and other road users." (page 48).

2. "Bad weather by itself doesn't cause accidents. Accidents are caused by drivers who do not take immediate measures to adjust to the special hazards brought about by bad weather." (page 49).

3. A careful driver copes "with adverse road conditions" by adjusting the speed of his/her vehicle to "road surface conditions. Posted speed limits are for ideal conditions only." (page 50).

The argument that because you had not cleared the right lane completely and were hit in that lane you caused the accident is nonsense. It ignores both the theory and practice of defensive driving. The other driver had a duty to recognise the road hazards that were present like you did. Further, he should have taken measures to adjust his driving to those conditions. Had he done so, I believe, like you, the collision could have been avoided. The taxi driver and his accomplices know this. They are working in concert against your interests.

photographs

Use your cellphone or digital camera to take photographs of the scene of the accident. Then get a trusted lawyer to pursue a claim against the owner/driver of the robot taxi for the costs and expenses that you have incurred as a direct result of the accident - assuming that it makes sense. It won't be a cake walk. Discuss with your attorney also whether you have evidence to file a formal complaint against the police.

Cedric E. Stephens provides independent information and free advice about the management of risks and insurance.aegis@cwjamaica.comSMS/text message to 812-7233