Dear Claudienne,

I am seeking your assistance in respect of a problem I am having with GK General Insurance Company (GKGI) that insures my Nissan Sunny van. I am seeking a settlement with GKGI in regard to the damage done to my van by a vehicle owned by Beryllium Limited. My husband was driving my Nissan Sunny van when the accident occurred.

On November 17, 2022, the driver of a Nissan pickup was on his way to the Mandeville Baptist Church when he turned left off the Main Street at the section leading to the Mandeville Police Station. A Toyota Black Hiace Bus belonging to Beryllium security company that came from Park Crescent with mighty haste to pass my van slammed into the right bumper side of my van. The accident, which occurred in proximity to the police station was witnessed by the police. Both drivers met at the police station and the relevant information was taken.

My husband and I visited Thomas’ Body Repairs the same afternoon of the accident and the mechanic who knew someone in authority at Beryllium was told to advise us to report the accident to our insurance company.

I reported the accident to my insurance company and was advised to get an evaluator to assess the damage to my vehicle. GKGI also advised me to get a police report as Beryllium’s insurance company had informed them that they had received no report of the accident.

I sent the police report to GKGI on September 09, 2023 and they advised me that it was sent to JNGI on December 06, 2023. Total cost of the damage was assessed at approximately $90,000.

I must note that on December 04, 2022, GKGI emailed me a settlement offer. I did not accept the settlement offer. Since then I have made several trips to GKGI and in June 2024 they told me that JNGI was not accepting liability as they said I was wrong.

I am seeking your help.

YK

Dear YK,

Tell Claudienne contacted the general manager of GK General Insurance Company and on October 23, 2024 the column received the following email from the company:

“I write further to my below email indicating that I would review the Insured’s complaint and provide a further response. I have noted that the substance of the insured’s complaint relates to her recovery claim against JN General Insurance Co (JNGI).

On or about November 22, 2022 we received a claim report from the Insured in relation to an accident which occurred on November 17, 2022. As is confirmed by the letter from YK on December 4, 2022 GK General Insurance Co. Ltd. (GKGI) made an offer in settlement of the loss which is covered under the Insured’s policy; this said offer was not accepted by the Insured. I also understand that the Insured did not believe that her driver was liable and did not consider that her policy should be paying anything as they were not at fault in the accident.

A demand letter was sent to JNGI who are the insurers of the motor vehicle which is owned by Beryllium Ltd. and involved in the accident with the Insured’s vehicle. We were advised by JNGI that Beryllium Ltd. had not reported the matter. As the usual period to notify insurers of accidents had long passed and Beryllium had not yet reported the matter to JNGI we advised the Insured to obtain and submit a police report as proof of involvement in an accident with Beryllium. Upon our receipt of the police report from the Insured same was submitted to JNGI and we continued to follow up with JNGI on the Insured’s behalf in relation to the settlement of the matter based on the police report which had been presented. Our follow up with JNGI for their stance on liability following the submission of the police report continued over several months until JNGI presented their Insured’s driver’s statement and a diagram by which it is alleged/contended that the accident was caused by our Insured’s driver who collided into their vehicle.

As both parties deny liability for the accident two of the non-court options available to the Insured is to have a scene visit with all parties present or to have the matter referred to the arbitration through the Insurance Association of Jamaica (IAJ) for a decision to be made on liability. Our checks suggest that the matter is still not formally reported by the third party to JNGI but as they have submitted a statement and diagram we will propose and explain the stated options to the Insured and contact JNGI to see if there is agreement to proceed with a scene visit or arbitration as the next step options.”

Tell Claudienne notes that after you chose to have the dispute settled by arbitration GKGI sent the matter to Insurance Association of Jamaica (IAJ) for them to decide liability. The date for the hearing was set for May 8, 2025.

On July 29, 2025 GKGI informed Tell Claudienne that the IAJ had decided that Berrylium was not liable for the damage to your vehicle.

You can now decide if you will take the matter to court.

We wish you all the best.

Have a problem with a store, utility, a company? Telephone 876-936-9436 or Cell/Whatsapp # 876-484-1349 or 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.