Understanding personal injury claims in motor vehicle accidents: A Jamaican perspective

Motor vehicle accidents are an unfortunate reality on Jamaica’s roads, and with them often come injuries that can change lives in an instant. When a person is injured due to another driver’s negligence, the law provides avenues for compensation. This is known as a personal injury claim.

What is personal njury?

Personal injury refers to harm suffered by an individual’s body, mind, or emotions because of another person’s negligence or wrongful act. While motor vehicle accidents are the most common, personal injury also includes:

• Workplace negligence – such as unsafe working conditions, failure to provide protective equipment, or on-the-job accidents.

• Slip and fall incidents – where a person is injured due to hazards on another person’s property, such as wet floors or broken tiles. In the context of motor vehicle accidents, personal injury can include broken bones, whiplash, head injuries, psychological trauma, and in serious cases, permanent disability.

Compensation in Jamaica is designed to cover:

• Medical expenses (past and future treatment)

• Loss of earnings (including reduced ability to work in the future)

• Pain and suffering (physical and emotional impact of the accident)

• Special damages (other expenses directly related to the injury such as transportation, medication, or home assistance)

Steps to making a personal injury claim in Jamaica

1. Seek immediate medical attention: Your health comes first. Always visit a doctor or hospital after an accident, even if injuries appear minor. Medical reports are critical evidence in a claim.

2. Collect evidence: Take photographs of the scene, vehicles, and visible injuries. Obtain names and contacts of witnesses. Keep receipts for all accident-related expenses.

3. Report the accident to the police under the Road Traffic Act: All accidents involving injury must be reported to the police within 24 hours, unless the injured person is hospitalised and unable to do so. A police report provides an official record that will strengthen your claim.

4. Notify your insurance company: Inform your insurer promptly. Failure to report within the required time can affect coverage.

5. Consult an attorney: Personal injury law can be complex. A lawyer can advise you on your rights, assist in filing a claim, and negotiate with insurance companies or represent you in court if necessary.

6. File the claim: In certain circumstances, your attorney will draft and file the necessary documents in the Supreme Court or parish court, depending on the size of the claim.

What not to do after an accident

If you are the at-fault driver and you know you are responsible, never mislead your insurance company by claiming you were not at fault. Doing so may cause the insurer to deny settlement and that automatically gives the injured party’s attorney stronger grounds to pursue a direct claim against you personally in court, which, in certain instances, could result in you being ordered to pay much more than what your insurance would have covered.

Additionally:

• Do not delay medical treatment; gaps between the accident and treatment weaken your case.

• Do not settle privately without legal advice. You may accept far less than you are entitled to.

What if the at-fault driver has no insurance?

In Jamaica, the Motor Vehicles Insurance (Third-Party Risks) Act makes it compulsory for every motorist to carry at least third-party insurance. Unfortunately, some drivers break the law and operate without insurance. If you are injured by an uninsured driver:

1. Property damage claims through your own insurance

If you have a comprehensive policy, you can claim through your own insurer for repairs to your vehicle. Your insurer may later pursue the uninsured driver for reimbursement.

2. Personal injury claims require a lawsuit: Personal injury (medical expenses, pain and suffering, loss of income) is not automatically covered under your comprehensive policy. To recover damages, you must file a lawsuit against the at-fault driver and, in some cases, the vehicle’s owner.

3. Recovery challenges: If the uninsured driver or vehicle owner cannot pay, unfortunately, there is often little recovery unless they have assets you can enforce a judgment against (for example, land, property, or salary that can be garnished). At present, Jamaica has no government compensation fund to assist victims of uninsured drivers.

Essentially, navigating a personal injury claim after a motor vehicle accident can be overwhelming. But knowing your rights and the proper steps to take under Jamaican law is the first step towards justice and compensation. If you are injured, act quickly: seek medical care, collect evidence, report the accident within the required 24-hour period, and contact an attorney. Above all, remember that insurance is not optional; it is a legal duty, and failing to comply puts both drivers and innocent victims at great risk.

Able-Don Foote is an attorney-at-law.