Dear Claudienne,

On July 27, 2020, around 11:00 am, I was on my way to the Manchester Parish Library taking my co-worker’s five-year-old daughter to a reading class. On approaching South Race Course Road, close to where the post office is, a burgundy RAV4 was parked face out, toward the road. As I was about to pass the RAV4, it suddenly slammed into my vehicle. However, despite the impact, thank God neither myself nor the child was injured.

Immediately after the collision, a female exited the RAV4 and a young man moved into the driver’s seat and reversed the vehicle.

I tried calling the police station without success. Someone however made a call and shortly after the police came and processed the scene.

While the policeman was making notes the young man who had reversed the vehicle further away from the road, said: “Officer yuh can come and look, the vehicle is still in reverse. At the time I thought that his statement was foolish as it suggested that my vehicle had left the road and hit the RAV4 in the location further away from the road where he had stopped, after reversing.

I also recall that when the policeman was making enquiries, a few young men who witnessed the collision had said: “Officer yuh nuh haffi look nuh further or ask any questions cause the woman drive out and mash up the lady vehicle. The policeman then said he would find out if there were any cameras in the vicinity of the crash.

On Monday, August 3, 2020 whilst at work I received a call from the young man who was the passenger in the RAV4 when the crash occurred.

He told me to go to a garage in Mandeville to get the estimated cost for the repairs to my vehicle. I quickly got into my vehicle and drove to the garage.

At the garage the woman driver of the RAV4 asked the owner of the garage for the estimated cost for repairs to my vehicle. She said she was going to the bank and would return to the garage shortly.

She did not return to the garage and when I did not hear from her and I asked the police to check, she told the policeman that she did not see why she had to repair my vehicle when she was not in the wrong.

I then reported the crash to Advantage General Insurance Company with whom my car was insured. When I checked with Advantage I was rather surprised to hear that my insurance agent had been informed that the woman who was driving the RAV4 had also taken out a claim against me for over $500,000.00. It was suggested that I go directly to her insurance company. GK Insurance. Advantage gave me a letter to take to GK Insurance Company, for them to deal with me directly. I took the letter along with the police report to GK and a young lady there uploaded everything to their claims department and gave me a date to return. Each time I visit the insurance company, they always refer to me as the third party. When I returned on the date given, the agent called their claims department and the message to me was that they could not accede to my application/request as their client denied culpability. This was despite the fact that they had the police report that gave her the wrong. I would appreciate your help in this matter.

MW

Dear MW

Tell Claudienne spoke with Advantage General with whom your vehicle is insured. Advantage sent Tell Claudienne the following email on September 29, 2021:

“The insured is covered under a third-party policy, and reported an accident to us, involving another party from GK General Insurance. From the report, the third party is liable for the incident and as a result, a demand letter was sent to GK General. They responded indicating that they are not accepting liability and submitted details of their client’s claim. This was communicated to our insured, as well as she was provided with a Deal Direct Letter to communicate and follow-up directly with GK General regarding settlement of her claim. The Deal Direct Letter allows the insureds (MW and her husband) to communicate directly with GK as we have no interest in the claim.

The current status of the claim reflects that GK General is not accepting liability, and their client has disputed the contents of the Police Report. Based on GK’s position, the next step would be for the client to provide a witness statement of the accident or our files can be sent to the Insurance Association of Jamaica to be arbitrated by an independent panel for liability to be established. The client will be contacted today, and the options discussed.”

Tell Claudienne then spoke to GK Insurance Company and sent them your statement in relation to the crash. They promised to review your statement. After GK reviewed your statement they sent Tell Claudienne a copy of the email that they sent to their client. GK has also sent the email to you. The email states:

“I refer to the subject matter and our telephone conversation this evening. Please see the below and attached statements from the third party in relation to this accident. In our discussion we reviewed and discussed the statements and the matter generally but do kindly let me have your formal response to the contents of the statements submitted by the third party and the allegations raised. Additionally, kindly be reminded to send me photos of the location where the accident took place for our records.

As indicated in our discussion, I will be responding to the columnist confirming that the matter was reviewed and liability is being denied and maintaining the stance previously stated on the basis that the damage profile to the vehicles is consistent with your account of the matter. I will indicate that the next step is to have the matter referred to arbitration.

We also discussed the lack of independent witnesses and what that could mean for the process of determining liability and any apportionment. We will however discuss this further after I have received your formal response and the photos of the accident scene. I remain available should you have any questions or concerns and can be contacted at the below numbers or by return email.”

As your accident claim is to be referred to arbitration, Tell Claudienne advised you to ask the police for copies of the pictures they took at the accident scene as they will be needed for the arbitration. We see that you got the pictures from the police. We wish you all the best.

Have a problem with a store, utility, a company? Telephone 876-936-9436 or cell # 876-484-1349, write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.