What Happens After Someone Hits Your Ride

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By Neela Ramsundar

MY poor ride got rear-ended after I started braking to come to a stop for a red traffic light.

I presume the gentleman driving behind me was not paying proper attention and was driving too fast in the circumstances. There is almost, without exception, no defence for hitting a vehicle from behind because they applied brakes.

All drivers are under an obligation to drive at a safe distance from the vehicle in front of them to be able to stop safely no matter when or why the vehicle in front brakes or stops.

Remember, the driver in front of you may be braking/stopping in reaction to something you may not have noticed. Defensive driving schools usually recommend driving a minimum of two to three seconds behind the other vehicle.

I thought I would share the process one goes through after such a collision. In a nutshell, generally this happens:

 

  1. Because a rear brake light was knocked out and the rear fender badly damaged (and capable of falling off) rendering the vehicle unsafe for driving, a tow truck was used to transport the vehicle. Note, in Trinidad and Tobago a driver would be at the mercy of the police, as they could potentially be ticketed for a broken tail light and accrue demerit points, despite the circumstances the damage occurred.

 

  1. Both parties exchange information (driver’s permit, insurance) and takes photographs of each other’s vehicle and of the location of the accident.

 

  1. Next stop is the police station for the area. (In T&T, the police routinely refuse to come to the scene of a collision they consider “trivial.” Apparently, there’s no concern for a breach of the peace/rage/violence that might occur in times of these “trivial” accidents). Both parties give their information to a police officer who fills out a road accident form. The police issues each party a receipt for the information given.

 

  1. You have a choice to settle the matter privately with the other side, or settle through their insurance company, who I will call Insurer X. Assuming you decide to attempt settlement through Insurer X, read on. Both parties are required to promptly report the collision to their respective insurers. If your vehicle has third-party coverage, you’d negotiate a settlement yourself and collect a “coverage letter” from your insurer requesting Insurer X to deal directly with you. With fully comprehensive coverage, the respective insurance companies normally sort it out between themselves.

 

  1. If you are dealing directly with Insurer X, you then get a written estimate for repairing your vehicle, and put together other relevant documents such as copies of your vehicle’s certified copy of ownership, driver’s permit, certificate of insurance, BIR number/VAT letter, tow truck fees etc. These are taken to Insurer X to make the claim for compensation. If you have dashcam footage of the collision, pass it to Insurer X too. Usually, Insurer X takes photographs of the damage to your vehicle at this meeting, but if you could not bring your vehicle, a claims adjuster from Insurer X would visit the vehicle wherever it is to inspect it.

 

If Insurer X accepts its’ insured was liable for the accident, a settlement offer would follow in due course. Insurers usually try to cut you claim for compensation as much as they can, and if you are unhappy, you can sue in a court of law for your losses. If your claim for property damage is under $25,000, you can seek resolution through the Office of the Financial Services Ombudsman.

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If you accept Insurer X’s offer, they would prepare a cheque in settlement, which you would collect and deposit. From this cheque, you can pay your repair shop for the work they did, if you hadn’t already.

I hope the above brings clarity to what happens after someone hits your ride in the event of a “trivial” collision. Remember, the above is general information and there may be some variations in procedure depending on your particular situation. Be safe Trinidad and Tobago!

Copyright © 2021 Neela Ramsundar, LL.B (HONS), L.E.C is a Civil Litigation Attorney at Law & Certified Mediator.

Disclaimer: The contents of this article are for general informative purposes only. It does not provide legal advice and does not create an attorney-client relationship with any reader. For legal advice on your specific situation, please contact an Attorney-at-Law of your choosing directly. Liability for any loss or damage of any kind whatsoever allegedly incurred a consequence of using content in this article is thus hereby excluded to the fullest extent permitted by law.

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