red arrow: Brandon driving along the main road at the speed limit.
blue arrow: local driver attempting to turn from Shaw’s road onto the main road right in front of Brandon’s car.

in case you were wondering… here we are almost exactly 4 months after the incident and i can sort of relay some “new” news.

first off, the case went to court and was settled without our knowledge. Brandon was told he would receive a summons or notice when the matter was presented before the Magistrate, but that never happened. instead we heard about it after the fact.

when Brandon’s newly retained lawyer told him “oh yah, you lost.”

the case was open-and-shut for the Magistrate with or without Brandon’s presence because the officer on duty that night filled out the final statement with a rather glaring error. even though the other driver’s statement explicitly says he was the blue arrow that did not have the right of way and Brandon’s statement explicitly says he was the red arrow with the right of way, the “final” summary by the officer had it backwards.

which left Brandon completely at fault and completely responsible for the repair charges from the car rental company.

how much was that?

oh, Brandon’s lawyer managed to settle out of court* for a measly $3680US (plus $1000EC in lawyer fees).

for an accident that wasn’t his fault. at all.

his lawyer is also going to pursue litigation to recover payment from the other driver, but we’re not too hopeful at this point. i’m pretty sure he’ll just have to suck up the rather large bill and even larger lesson.

do i sound a little annoyed or bitter? i guess i am. i grew up in a family of 4 kids with a mom that always said “life’s not fair” because she couldn’t please all of us at the same time (and we couldn’t all sit in the front seat or watch OUR tv show at the same time), but it still stings. we like to think justice prevails around the world no matter who you are or what colour your skin is or where you were born or what god you believe in. as white middle-class folks from North America, i guess we are pretty lucky to have this tiny tale be the extent of the injustice in our lives.

————
*because he was told his passport would be seized if it went to court. and that obviously would royally suck over Christmas holidays.

Comments

10 Comments so far

  1. jane on November 13, 2008 6:15 pm

    So I take it car insurance doesnt work in Nevis?

  2. jhawke on November 13, 2008 6:18 pm

    standard rental car insurance on Nevis only covers the other vehicle.

    technically, their insurance should cover your vehicle if it’s their fault.

    but if everyone (including the police report) thinks it’s your fault, then no. car insurance doesn’t work on Nevis. : )

  3. sarah on November 13, 2008 6:24 pm

    I’m going to send my cat over to Nevis to work as a lawyer or a Judge. She needs to start earning her keep around here, and that sounds like a job she could do well, according to Nevis standards.

  4. Jeremy on November 13, 2008 7:03 pm

    Excuse me but this is just FUBAR.

  5. BCWB on November 13, 2008 7:19 pm

    Well, that is far better than the $4200 I was going to have to pay. Also, the $1,000 EC is for not only my lawyer, she only charged $500 EC, but also the rental car companies lawyer fees. Not quite sure why I have to pay that as well, but I am not the judge LOL. I appreciate all the support you guys send and I will have my very own website up and running soon Sarah : ) : P

  6. sarah on November 13, 2008 7:35 pm

    You said it would be up last weekend Brandon. I am VERY disappointed. I have compiled a list of what you owe me to date:
    - 1 website, for my reading pleasure.
    - 1 big bag of fuzzy peaches
    - 1 Jen back, cause she doesn’t write as much anymore, and i think it’s cause of YOU.

  7. jammie dodger on November 13, 2008 8:31 pm

    Nevis, the place for sun, sea, sand, mistakes and miscarriages of justice. Thank goodness no one was seriously injured otherwise Brandon may have ended up in jail, and then who’d cook Jen’s dinner and do her laundry. ;)

  8. Dawn on November 14, 2008 7:15 am

    I’m am so sorry! If it is any consulation, my blood is boiling on your behalf. I can’t believe the police report had it backwards! Is there any way to take the police officer to court for dislexia? If you were here at my house, I would totally give you an extra big piece of double chocolate cake.

  9. Dawn on November 14, 2008 7:20 am

    I apologize for marring your blog with my spelling mistake. I meant to change it before I hit post and then I forgot. consolation consolation consolation consolation consolation consolation consolation

    I will continue writing lines on my chalkboard.

  10. Jean on November 15, 2008 3:26 am

    they’re asses!

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