MOTOR ACCIDENT CASES

Hawke's Bay Herald-Tribune, Issue 109, 25 May 1937, Page 10

MOTOR ACCIDENT CASES

-Prfng Association.)

Insurance Companies Criticised

(By m-U"THDh-

GORE, Last Night. "It is Mgh. time legislation waa introduced to make this sort of thing void as being contjrary to public poliey," said Mr. W. H, Freeman, SM., at the Gore Magistrate's Court in commenting on the" conditiou attached to every motor accident insurance policy that the parties concerned must not say anything to prejudice the company proeeedings. Outspoken comment was made by the fMagistrate who contended that this jcondition had resulted in more perjury :than enough in courts and a court should not be governed or ruled by insurance companies which should not be 1 allowed to gag plaintiffs or defendants and thus impede the course of justice. The subject was raised when a case was called in which a motorist was charged with failing to keep to the left. Counsel asked for an adjournment as he was awaiting a letter from the insurance company concerned. Sergeant Abel inquired if the Magistrate would give a ruling on such adjournments of motor collisions or accident cases involving a breach of the regulations. The practice in the past was to hold up such cases even if they were comparatively trivial until the oivil case had been heard. It was most inconvonient, frequently causing long dolays. The Magistrate said he had given the matter consideration. Quite frequently a civil case arose out of a motor collision or accident in which police action for negligence or a breach of the regulations also was brought. The matteT was held up until the insurance companies threshed the matter out and quite frequently a settlement was reaehedv When such occurred the tendency became prevalent at a subsequent police action for witnesses to "go easy" and gloSs over their statements in order not to make it too hard for the party in the wrong, or civil cases were delayed so long that the facts or essential evidence were forgotten. The Magistrate said he considerod that if there were a flagrant brcach of a by-law or a glaring case of negligent or dangerous driving the police case should be heard irrespective of whether there was a civil case. "We should not be governed or ruled by insurance companies which should not be allowed to gag plaintiffs or defendants and thus have the course of justice impeded-" added the Magistrate,