Monday, September 9, 2013

No one has right of way when traffic lights malfunction

Dear Claudienne

While my 1994 Toyota Corolla station wagon was at a stop light at the Bogue main road in Montego Bay on September 25, 2012, it was hit by a Toyota Corolla sedan left-hand drive motorcar and written off. My vehicle was insured third party with Advantage General Insurance Company, while the other vehicle was insured with the Mandeville branch of the Insurance Company of the West Indies (ICWI). The vehicle that hit my car was not being driven by the owner.After the accident I contacted the ICWI Mandeville branch to find out about compensation and was told that they had not yet got a statement from the driver of the Corolla motor car that hit my vehicle. In January 2013 ICWI phoned and advised me that the driver had given a statement and had admitted that the accident was his fault. However, when I called ICWI a few weeks later to find out when I would be compensated, they said that the driver had indicated in his statement that at the time of the accident the traffic light was malfunctioning. However, the light was working when the accident occurred.The valuator valued my car at $260,000 and I need the money from the insurance company to buy another vehicle. I am not working.Please see what you can find out for me.BBDear BBWe were told by Advantage General that liability for the accident was in dispute because the driver of the Corolla motor car said that the stop light was not working. Advantage General proposed to ICWI that they fully settle the claim. However, ICWI made a counter proposal for a 50-50 settlement by each of the two insurance companies unless you could prove that the traffic light was working. You did not accept the contributory settlement.Advantage explained to Tell Claudienne that to prove liability you would need an independent witness as proof that the stop light was working when the accident occured. When a stop light is malfunctioning nobody has the right of way and everybody has to be cautious, the Advantage spokesman said.Another way liability could probably be proved was if you were to ask the National Works Agency (NWA) to verify if the traffic light was working at that time. However, you would have to pay the NWA the administrative cost of obtaining the verification, Advantage said.We note that you delivered the police report that Advantage requested and that ICWI has agreed to settle the claim. Advantage said that your sister collected a release at their Montego Bay branch for you to sign, agreeing to the ICWI terms of settlement.Good luck.Dear ClaudienneI live in New York City. I read an article indicating that you helped someone who had a problem with their birth certificate. My sister is 42 years old and she doesn’t have a birth certificate. Despite going to her school and to the Registrar General’s Department she has not received any help.She attended the John’s Hall All Age School in St James but there is no record of her ever attending that school or of her being born in Jamaica. Unfortunately my mother never registered her in school so they have no record of her attending the school. Although many of the staff members and principal know her as a student, no one wants to help. The principal who was at the school when she was there has died.We need help to get her birth papers issued to her. If there is anything you can do or any information you can provide on how to go about this problem, please let me know.She can’t do anything without her birth certificate. There has to be something someone can do to help us.She has struggled with this problem her whole life and it has had a negative impact on her significantly.LTDear LTTell Claudienne contacted the RGD and they have replied as follows:“The Parish Officer for the Montego Bay Regional RGD Office went to the school where LT expressed there was a challenge in obtaining his sister’s school record. The Officer was able to obtain the record and it is now in the RGD’s possession. We are awaiting the completion of the Search for which his sister paid (which will reveal whether or not her birth was registered) after which, she will be advised on the best way forward. LT’s sister will be contacted by telephone and advised.”We will follow this up.Good luck.e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.

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No one has right of way when traffic lights malfunction