What to do when sleazy claims practices are suspected
Published:Sunday | March 13, 2011 | 12:00 AM
Cedric E. Stephens, Contributor
Question: In October 2010, another car hit mine at a four-way stop at about 5:30 p.m. The other driver appeared to have been distracted and went through the stop sign while my car was already in the intersection. I sounded my car horn to no avail. Damage to my car was to the front fender, behind the front tire, and the driver's door. The other vehicle sustained damage to its front. The third party has claimed that I was at fault and that my car was speeding through the intersection at high speed. The police report said they cannot ascertain who is at fault. My car is insured under a third-party policy. The other driver's insurers have refused to pay my claim. I have since found out that he is an employee of a company that is connected to the insurer through common shareholders. Could this be affecting the way that my claim is being treated?
HELPLINE: Insurance company employees - like those who work in other parts of our local economy - do not have any immunity against corruption. Persons who handle claims are, like members of the police force and Customs officers, prone to that disease.
It is, therefore, probable that dishonesty for personal gain could be at the heart of your troubles with the third party's insurers, but I have seen no evidence of this. On the other hand, those who engage in corrupt practices tend to operate, for the most part, under the cloak of darkness.
What is the theory that is used to decide who is liable for accidents that take place at four-way stop signs? Are there any rules of driving that say how drivers should properly approach intersections like these? These are some of the questions that a claims official should pose in the search to decide who is at fault when accidents like yours occur.
The third edition of "The Jamaican Road User's Guide" says: "A four-way stop sign means all vehicles approaching this four-way intersection must stop. No one has absolute right of way. In general, the 'rule of thumb' is the first vehicle to stop, is the first one to cross over. However, be extremely cautious (my emphasis) if you are making a turn, left or right, and ensure that your indicator is on." (Page 44).
Chapter 5 of The New York State's Department of Motor Vehicle Driver's Manual deals with the subject in even greater detail than the local guide. Below is a summary of some of its rules that I believe would apply to your case. Note that in the United States, vehicles drive on the right while we drive on the left.
A driver approaching an intersection must yield the right-of-way to traffic already lawfully using the intersection.
If drivers approaching from opposite directions reach an intersection at about the same time, a driver turning left must yield to approaching traffic going straight or turning right.
At intersections not controlled by signs or signals, or where two or more drivers stop at STOP signs at the same time and they are at right angles to one another, the driver on the left must yield the right-of-way to the driver on the right.
The diagram of the scene of the accident indicates that your vehicle was travelling along Kingsway towards Hope Road. The third party was in the act of making a right turn from Devon Road into Kingsway when the collision occurred.
Getting justice
The three photos of the damaged sections of your car suggest that it was hit from the side, which is consistent with what you said happened. Had the collision occurred in the way that the third party described, I would have expected the damage to your car to be mainly to its front and not confined to the side as you said and the photos indicated.
There are at least two ways to get justice without using the judicial system. The first one is to visit the website of the third party's insurers. Find out the name of the company's head and his email address. Send him copies of the photos, diagram of the accident scene, your suspicions about corruption, a scanned copy of this article, and ask him to tell you in writing why the company has refused to pay your claim.
The other option is to use the Internet to find out the name and email address of the CEO of the insurer's parent company. Send him/her the same details that I have listed before.
Information and communication technologies are said to have helped drive tyrants from office. I am quite sure that these tools can help to get your claim settled and also to turn the spotlight on what appears to be sleazy claims practices.
Cedric E. Stephens provides independent information and free advice about the management of risks and insurance.aegis@cwjamaica.comSMS/text message to 812-7233