22 OCTOBER 1994, Page 33

Shakespearian tragedy

Sir: I write with reference to an article written by Sebastian Shakespeare (Very diplomatic, I don't think', 1 October) and would like to correct several factual errors which appear to be contained therein.

At the scene of the accident, Mr Shake- speare vigorously threatened me with legal action unless I was prepared to immediate- ly admit guilt and promise to pay for the repairs to his car. It was obvious from the number plates on my car that I have diplo- matic status, and I confirmed to Mr Shake- speare that I was a diplomat. I told Mr Shakespeare that I considered him to have been driving too fast for the condition of the road, that I would seek advice and thereafter deal with the incident in the usual manner. Mr Shakespeare was not sat- isfied with this.

On the very next day, Mr Shakespeare saw fit to immediately write to the Austrian Embassy, demanding that they 'compensate him fully' and pay for the estimate of the bill for the repair of his car which he was going to obtain from a garage. Mr Shake- speare did not see fit to write to me, or deal with me in the normal way, but immediate- ly sought to pressurise me into making pay- ment.

Indeed, he also phoned me on Wednes- day, 20 July 1994, when I gave him details of my insurance arrangements and stated that I would notify my insurers.

I obtained a claim form from the insurers and submitted details of the incident on 26 July 1994.

On 25 July 1994, my solicitors wrote to Mr Shakespeare denying liability and requesting details of Mr Shakespeare's insurance arrangements. At no stage did my solicitors or I claim diplomatic immuni- ty or suggest in any way that a legitimate claim of Mr Shakespeare would not be met.

On 27 July 1994, Mr Shakespeare wrote to my solicitors setting out his position, giv- ing the details of his insurance company and requesting that all further correspon- dence be addressed to them.

On 5 August, my solicitors wrote to Mr Shakespeare's insurers, Drake Insurance plc, as requested. On 11 August 1994

LETTERS

Drake Insurance plc repudiated liability and on 22 August 1994 Mr Shakespeare wrote to my solicitors again requesting me to admit liability. This time he enclosed witness statements, two of which were dated 2 and 3 August respectively. In his letter Mr Shakespeare stated that he would be making official complaints to the Foreign Office, the Austrian Embassy and the Metropolitan Police. He was furi- ous that I had gone on holiday, and stated that his car was still off the road awaiting repairs.

In the meantime (and unbeknown to me), my insurance company had inspected Mr Shakespeare's car, which appeared to be an Austin Metro with a mileage in excess of 104,000 miles. The value of the car was put as not exceeding £450, whereas repair costs were estimated in excess of £830.

A few days later, on my return from holi- day, I discussed all these events with my solicitor and, in view of the figures involved as compared with the costs of defending Mr Shakespeare's claim, I requested my insur- ance company to settle the claim, which they did.

You may appreciate from the above that, far from my not having dealt with Mr Shake- speare properly and appropriately, Mr Shakespeare sought to railroad me into pay- ing him off without affording me the oppor- tunity of proper advice and due process.

In your article there are two small issues which are particularly galling. Firstly, my car, the 'Panzer tank', is a Volvo 340L and is approximately 11 years old. Hardly a mil- itary vehicle, I think. Secondly, the intro- duction of a reference to breathalysing in the article can only be considered as a gam- bit to introduce a drink/drive issue. Fur- thermore, Mr Shakespeare's expression of dislike and subliminal xenophobic allusions speak for themselves.

I believe it is important for you and your readers to appreciate that Mr Shake- speare's article was written by a person who wanted to obtain a quote from a garage for repairs and send me the estimate for pay- ment. That the cost of repairs appeared to be almost twice the value of his car seems to have been overlooked.

I am astonished that your magazine thought fit to publish an article of this kind without first contacting me to check the basic facts and the background.

G. Kernthaler

Commercial Counsellor & Trade Commissioner Austrian Embassy, 45 Princes Gate, Exhibition Road, London SW7