WILLEMSTAD – Motorists and other road users involved in accidents in Curaçao should have full access to the damage reports prepared by Forensys, says the Consumer Interests Curaçao foundation.
The foundation has received dozens of complaints from policyholders during and after the settlement of claims in Curaçao. They claim to be hindered because Forensys does not even share basic information about the opposing party, such as name and address. Seeking justice becomes practically impossible.
Motorists pay between forty and fifty guilders annually through their insurance premium for the mandatory Forensys service, an organization established by insurers. The road service’s report is forwarded to the insurance companies of the parties involved, but policyholders themselves receive nothing.
Legal Procedure
The Consumer Interests Curaçao Foundation emphasizes the importance for policyholders to have full access to the Forensys report. In cases of damage caused by an uninsured road user, a policyholder cannot initiate a civil procedure because Forensys refuses to provide data.
Often, this must be arranged through the intervention of a lawyer, putting a burden on the affected motorist’s costs.
The foundation has repeatedly experienced how Forensys hides behind privacy legislation and refuses to provide accident reports fully to policyholders, redirecting them to the insurance companies of clients, leading to further complications.
Examples
Consumer Interests Curaçao received a complaint from a policyholder who, through no fault of her own, was hit by a woman without a driver’s license, driving an uninspected and uninsured car, and not paying road tax. Because the driver only caught a first name, and the opposing party wore a polo shirt with a company logo, Consumer Interests Curaçao managed to locate the opposing party and held her liable for the damage.
When the opposing party refused to compensate for the damage, the consumer organization assisted the client in a legal procedure, which was eventually won. Forensys did not respond.
In another example, a motorist faced damage after her car was hit by a stray shopping cart carried by the wind in the large parking lot of a supermarket in Sambil.
Forensys prepared a report, but the supermarket denied responsibility for stray shopping carts after closing time. Forensys and the relevant insurance company refused to cooperate and provide full access to the report after several calls and emails. Consumer Interests Curaçao eventually won this case but at high costs.
Damage Form
Consumer Interests Curaçao points out to insurance companies that an accident is initially a matter between individuals. In Europe, a completely different approach is taken in accidents, where parties involved are entitled to complete information and collaborate to settle claims through a damage form without the involvement of third parties like Forensys.
The foundation asks Forensys and the insurers who have outsourced their claims settlement to them to keep the interests of their clients in mind and cooperate when citizens want to pursue their own legal action. Access to their own accident information is a fundamental requirement.
Bron: Curacao Chronicle
