In December, 2004 a red truck owned and driven by Mr. Hubert Evans hit another vehicle on Bay Street and then sped off without stopping at the scene of the accident. But not before the victim had photographed the truck and the driver.
A police report was filed by the victim, who also launched an island-wide investigation to locate the red truck and its driver. The information was turned over to the police who are pursuing charges against Mr. Evans for reckless driving and leaving the scene of an accident .
When the accident victim called Mr. Evans’ insurance company, Security & General Insurance, she was told that they would not pay the claim because “Mr. Evans said he was not the driver of the vehicle”. Mr. Evans claims to have “loaned” the truck to friends while he was out-of-town, even though his insurance policy strictly forbids other drivers from operating the vehicle.
The victim has stated that the company’s refusal to pay the claim is a violation of the policy’s intent, as Mr. Evans’ policy insures the vehicle and not the driver. This fact was confirmed by Dr. Roger Brown of the Bahamas Insurance Registry, a regulatory body for the insurance industry. Dr. Brown told the victim that it wouldn’t matter who was driving the vehicle. The vehicle was insured and the company has an obligation to pay the claim, he said.
If Mr. Evans was indeed driving the truck the day of the accident, as the evidence indicates, then he is responsible for the accident and for leavng the scene of an accident before the police arrived. That being the case, there is no legal reason the insurance company shouldn’t immediately pay the claim. And, if Mr. Evans violated his policy by allowing an uninsured motorist to drive his vehicle, then he should have his policy revoked for violations and the company should still have to pay the claim. No matter, whether Mr. Evans was driving the vehicle or not, he either broke the law or violated his insurance policy.
The claims adjuster from Security & General, Mr. Martin Thackray, has been unavailable to the victim, who feels that Mr. Evans may have been advised to lie about who was driving the vehicle to avoid responsibility. If true, this would, of course, be insurance fraud.
Numerous calls to the Managing Director of the insurance company, Mr. Marc Schirra have not been returned. Mr. Schirra’s secretary refused to give the victim an email address so she might contact him.
Attempts to reach the Chairman of Security and General Insurance, who is located in Bermuda, were unsuccessful as the executive was out of town on a cruise, until April 9.
There may be cause for an investigation into the business practices of Security & General Insurance Company, as information received from BahamasB2B, the largest business and community website in the Bahamas, has revealed that the company has a habit of stiffing claimants. The popular website has received a number of complaints about Security & General, a company that has generated one of the highest number of complaints amongst insurance companies in the Bahamas.
