Whiplash injury claims can be very tricky - Part II

Insurance Helpline with Cedric Stephens

Question: I was travelling as the sole front-seat passenger in a taxi last September. Another PPV ran into the back. I visited the doctor and he said that I may develop a whiplash injury even though I was not having any of the symptoms that day. In May this year I suddenly felt a pain in my neck down to the left side of my ribcage. When I went to the doctor he told me that I had suffered a whiplash injury. What should I do to get compensation?

- A. S., Kingston 10.

HELPLINE: Attorney-at-law and barrister Richard R. Reitxin shared his knowledge and experience in the handling of claims for the compensation of persons who suffer injuries in motor vehicle accidents. He did so in an op-ed contribution that was published in this newspaper on May 8. It appeared under the headline 'A legal take on whiplash injury claims.'

The advice he offered and information that he supplied have added more reinforcement to one of the credos on which this column was founded nearly 14 years ago: personal injury claims are best handled by attorneys.

Mr Reixtin's article was written in response to comments that I made in 'Whiplash injury claims can be very tricky.' Some of the things in that article, he felt, would leave the "uninitiated reader(s) (laypersons or non-lawyers) with several wrong impressions." Since it is obvious that you did not read the learned counsel's article, I will use it - with attribution, of course - as one of my sources of reference in an attempt to answer your question.

The Motor Vehicles Insurance (Third-Party Risks) Act was created to provide compensation for persons who suffer personal injuries or whose property was damaged in motor vehicle accidents.

"Generally speaking," says Mr. Reixtin, "it is somewhat easier to secure compensation if the vehicle driven by the negligent driver (in your case, the other taxi) was insured under a valid policy" that was issued under the act.

If, for example, you know "the registration number - licence plate - of the vehicle driven by the negligent driver, it is usually a simple task to find out the name and address of the owner of the vehicle and the name of the ... the insurance company ... by having a search conducted at the Tax Office ... . Once these details are obtained a "simple telephone call to the insurance company - which is legally obliged to furnish the information - can elicit confirmation that the information received from the Tax Office is correct," he argues.

Mistrust

Obtaining compensation from insurance companies for alleged whiplash injuries can prove to be problematic. Why? There are very strong perceptions among persons that work in the insurance industry, according to my sources, that some professionals - like doctors and attorneys, for example - are acting in concert with other persons to commit fraud in respect of medical injury claims.

Claims alleging whiplash injuries are among this group. Those dishonest practices have created a culture of mistrust between insurers and attorneys. As a result, getting compensation even in a legitimate case of injury is unlikely to be a walk in the park since insurers have to protect their bottom lines.

Compensatory damages for a whiplash injury "would command well in excess of $250,000," the learned counsel wrote.

Complications can arise if, for example, the other taxi driver's insurance was invalid at the time of the accident or the vehicle was uninsured. In order not to leave you and the other readers with the wrong impression my advice to you is this: find yourself an attorney who you can relate to and who you can trust to guide you to seek redress for your injury.

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