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Mixed feelings about joint insurance report form

2 août 2004, 20:00

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Who has never wasted hours waiting for the police to arrive after a small collision involving little damage to the cars and no injuries? Drivers will lose less time as from now if they get involved in a minor accident. The joint insurance report form to be completed on the spot (constat à l’amiable) that has just come into force will not only mean that drivers no longer have to go to the police station to report it but it will also prevent traffic jams. With 15,000 accidents out of 18,000 being minor ones, this provision is most welcome.

The Road Traffic Amendment Act came into force on 1st August. All drivers must now have, amongst others, an insurance form and their driving licence at all times. However, several conditions apply. First, no other structure than the vehicles involved must have been damaged. Neither driver must be under the influence of alcohol or drugs. The cars must bear valid insurance stickers. Both drivers must agree on the circumstances of the accident. If one condition is not respected, the drivers then have to refer to the police.

Each driver should have a piece of indelible yellow chalk to mark the location of the cars after the accident. They have to sign the consent form agreeing on the damage caused to each vehicle and make a sketch of the cars’ location and note whether there are witnesses or not.

<B>Yellow chalk out of stock</B>

The form – which must not contain any alteration or correction - should then be sent to both insurance companies, which will have to ratify the liabilities of each driver. If everyone is satisfied with the statement, drivers should get quick compensation from their insurers.

If one driver does not agree with the insurance company’s decision, he can still go to an arbitration commission or engage in legal action. If drivers do not agree on the circumstances of the accident, they have to call the police, who will come on site to fill a Minor Road Accident Report Form.

The association of insurance companies has distributed 300,000 booklets explaining the new legislation and also provided information in the media. Nevertheless, some drivers are not very happy as they consider they will be doing the job of the police. Others are complaining that they cannot find the famous yellow chalk. Not having one exposes a driver to a Rs 2,000 fine. But the main issue is: how easy will it be for drivers to agree on who is right and who is wrong in an accident?

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