-says gov’t will pursue legal action, review insurance laws to address property damage and reckless driving

IN recent months, the nation has witnessed a surge in vehicular accidents leading to significant loss of lives and damage to public infrastructure. As such, the government has taken a strong stance against this and will be addressing the need for potential reforms in the motor vehicle insurance sector.

Attorney-General and Minister of Legal Affairs, Anil Nandlall, made this announcement during his weekly Facebook programme, “Issues in the News,” where he discussed these critical issues. He also used the opportunity to highlight the government’s commitment to protect public assets and promote road safety.

“For too long the state and government agencies have turned a blind eye to wanton destruction of public properties, state properties and government properties. These properties are damaged recklessly, negligently, maliciously, and sometimes intentionally.

“Whatever may be the case, in addition to criminal charges, the state, as a matter of policy, will sue those implicated for compensation for the work done to rehabilitate and we will also sue for damages, for recklessness, negligence, and carelessness, as the case may be,” he said.

Nandlall expressed the government’s commitment to pursuing legal action against individuals who damage public property, ensuring that it extends beyond mere compensation.

Nandlall cited an example where a driver allegedly caused damage at the newly constructed Eccles/Haggs Bosch roundabout. The driver has been ordered to repay the government a staggering $2.1 million for repair costs or face legal proceedings.

The AG highlighted that such actions, whether related to traffic accidents or other forms of property damage, would not go unaddressed.

Nandlall also addressed concerns surrounding the inadequacy of motor vehicle insurance coverage for accident victims.

He acknowledged that the current third-party insurance coverage falls short of providing sufficient compensation to those affected by accidents, leading to financial hardships for victims.

To address this issue, the Attorney General pointed out that the government might consider revisiting the existing motor vehicle insurance laws.

“Right now, because of the law, it’s at a minimal level where the compensation that insurance companies pay out bears no resemblance whatsoever to the loss that people sustain and suffer from these accidents,” Nandlall explained before highlighting the disparity between insurance payouts and actual losses incurred by victims.

ADEQUATE COMPENSATION

He further elaborated on the challenges posed by the current insurance framework, stating, “It’s called third-party insurance, and the coverage is very minimal and as a result, innocent people have to spend a lot of money either looking after themselves or repairing their vehicles or properties without any money coming from the insurance companies of the guilty party.”

While acknowledging that raising insurance coverage would likely lead to higher premiums, Nandlall emphasised the need to strike a balance between affordability and adequate compensation for accident victims.

“The law has been kept that way because if the law is changed, the insurance premiums will have to be increased drastically. As a considerate government, we have deliberately kept the insurance at a particular level because of the impact it will have on persons being able to afford insurance.

“That is why we have kept it because once that law is changed, and the insurance coverage increases, then minibus fares will increase, taxi fares will increase, and it will have a ricochet effect on the cost of living,” Nandlall said.

He acknowledged that many people are currently dissatisfied with the existing insurance system and called for a reconsideration of the situation.

ADDRESSING RECKLESSNESS
According to Nandlall, tackling the issue of reckless driving and negligence on the nation’s roadways requires a multifaceted approach. As such, the government is reviewing policies and implementing measures to promote road safety and responsible driving.

“We have passed laws, we are reviewing policies, and we are implementing measures as we continue to fight against the reckless use of our roadways. It’s a work in progress to bring order, civility and decency to the manner in which our roads are being used. We have to seriously address it and drastic situations require drastic measures,” he said.

Startling statistics from the Guyana Police Force (GPF) revealed a troubling trend. From January 1 to August 28, 2023, 109 people lost their lives in 91 accidents, a significant increase compared to the same period in 2022.

The National Assembly recently passed a regulatory framework for the use of electric bikes. It will address the alarming increase in road fatalities and incidents involving electric bikes.

Meanwhile, in November 2022, the National Assembly passed the Motor Vehicle and Road Traffic (Amendment) Bill 2022 to promote and enforce safe driving.
For the first two weeks of September alone, 20 people died in road accidents in Guyana, including an 11-year-old girl and a 10-month-old baby.

Among the most recent road fatalities are 11-year-old Jamella Rudder, her father Jason Rudder, and two others. The four people perished in a two-vehicle collision at De Hoop, Mahaica, East Coast Demerara (ECD). The two other deceased persons were the drivers of the vehicles – Kellon Jones and Chris Gonsalves.
An accident that resulted in the death of four teenagers has prompted calls for more action to be taken to protect road users and to promote road safety.

The driver of the car the teenagers were in was reportedly speeding when he collided with a parked truck and a concrete fence at Canal #2 Polder, West Bank Demerara (WBD), Region Three.

The victims of this devastating accident were identified as the driver, 17-year-old Daveanand Singh, 19-year-old Amiesha Jaikaran, 18-year-old Divyanie Narine and 19-year-old Daniel Tirbeni.

Further, 10-month-old Zainad Boyer recently died in an accident at Dennis Street, Sophia. The infant’s father was reportedly speeding when he collided with another car.