Accident, I don't know what to do, please help

[gen8x]

It's a long entry so please be patient

 

 

I'm riding Phantom 200, NUS Student, my part-time job required me to be constant on the road and I had my license for over 2 years, no fine, no summon whatsoever until now...

 

 

The accident was at 11pm Mon 25/2/08, Jln Bukit Merah + Henderson junction.

I was going straight on bus lane towards Queensway and hit a car turning right going from the opposite direction (more details about accident below)

 

Now i can walk again already. So I went to TP HQ to see the investigator, gave my statement, the car driver also did. But the witness have not

 

I have only NTUC 3rd party insurance, the car driver has Comprehensive plan NTUC also. My bike is at TP warehouse and i have 7 days to tow it away.

I would really need your opinions about what to do next regarding the bike repair and the insurance matter. I'm not in the state of clear mind right now.

My questions are :

- Should i tow it to IDAC NOW? if estimated cost too hight, i want to wreck it how?

- Insurance investigator has not decide on who's fault yet, he will based on TP report for this case, then how do i know who will pay for my repair? how long should i wait for result? will IDAC keep my bike for the time being?

- i called NTUC, they say if i'm at fault then i will get nothing from the other party, is that TRUE?

- insurance guy 'unofficially' said the witness spoke against me, but i don't know if that's the same witness the IO mentioned.

- The way the IO said make me feel that the conclusive statement will be the witness' statement, then whoever at fault will be charged in court for Dangerous Driving.

- like that then most likely it's my fault already? 24 points? and fines? and possible jail term? while i don't even get compensated for anything? i'm just a NUS student, i don't have that kind of money

 

 

THE ACCIDENT (my point of view)

I turned out from Mobil petrol station (along Jln bukit merah) to the bus lane and heading towards Queensway. It's only 150m away from the junction.

Reaching the junction, I saw the light changed from green to amber, it's a short distance about 2 car length from stop line, so I cannot stop intime having my gf as pillon. I sped up and cross the line.

After crossing the line about another 6m , I saw the car turning directly in front of me already. I hold the handle firmly and just crash, no time to brake at all. I crash into the car's left headlight.

From the stop line to the crash point is about 1 car length. Before i reach the junction I did not see the car waiting to turn. Perhaps because the nature of the junction which is higher than both sides (like a hill), then he cannot see me, and i cannot see him.

 

 

My thought is that the car is turning before the green arrow light up (which is not wrong acctually) because he did not see me. So I still have the right of way at that moment. But the IO did not care about what I think, he only record what happened. And everything is based on car-length, not meters. He also force me to estimate the speed i was riding in number, i put 50-60km/h because : heck, i don't even remember how fast i was going! I cannot put I don't remember or I don't know.

 

 

Both of us were taken to SGH.

I suffered fractured right shoulder, swolen right foot, contusion on my thight and hip muscle, and hit my private part very hard. Treated and discharge same day, the doctor even forgot to give me MC.

My gf suffered a broken right collar bone, few stitches at the back of her head. She was hospitalised for 3 days, given initial 2 weeks MC and appointment.

 

 

 

 

 

I'm very very worried and confused right now. My exams are just next week and I can't focus on them at all. Please help me or atleast clarify my questions

[contrarian]

Without knowing enough about your specific case, generically speaking:

 

1. The good thing is both of you are insured with the same insurer. This reduces the potential dispute between two insurers in a contentious case.

 

2. Ask your insurer if you need to send it to IDAC now that its investigator is already acting on the case.

 

3. The IO is right to focus on the facts, not the opinion. He has to establish what happened, and then form his conclusion from the facts as far as possible. Obviously this is more difficult if he has opposing versions from different parties.

 

4. If the facts show that liability is shared between the parties (and it often is), then you can try to claim a portion of the damages for your injury and property damage from the other vehicle's insurer. It is not very common to see someone completely at fault especially in a right-turning hits straight-going case.

 

5. Dangerous driving is a very serious charge, such as running down a pedestrian at a pedestrian crossing. Typically a lesser charge would be say "Driving without due care or reasonable consideration for other road users" which is 9 points. Keep in close contact with your insurer because a claim may be made against you, in which case you can ask it to defend the case.

 

6. Check with NUS on its student personal accident insurance policy. They have one, so check what the current plan covers from the OSA. It could be this one here:

https://team.nus.edu.sg/registrar/info/info/Notes_on_Group_Medical_Insurance_Scheme.pdf

 

7. You should speak to a lawyer if you're thinking of making a claim, and hear some professional advice about your case. This is who can help you if you want to claim damages from the other party.

 

Assuming that you are a student of limited means, you could try to get some help from here:

 

http://www.lawsociety.org.sg/pro_bono/community_legal_clinic.asp

 

http://www.lawsociety.org.sg/pro_bono/documents/community_legal_clinic_flyer_04092007.pdf

 

or

 

http://www.lawsociety.org.sg/pro_bono/documents/Legal_clinics_list_updated_091107.pdf

 

Also see

http://driving-in-singapore.spf.gov.sg/services/Driving_in_Singapore/Faq/claimfaq.htm

[LordCani]

I was in a same situation as well, heres what happened next.

 

The driver didnt admit it was his fault, neither was there any witness. There were witnesses, i can say 20 to 30? cause its a big big junction and its peak hour but not even one ****ing road user came to help me. All simply stop and see show.

 

Ambulance came in like.. 15 mins and nothing to say much they rushed my to the hospital. What happened at the scene after that i do not know... TTSH gave me 5 days mc then i went home. At about 11pm the same night, TP I.O called me up and ask me how many days mc i've got. The reason he ask was because 3 days mc and above its considered to be a police case. The next day i had to go down to Ubi TP HQ to see the I.O...

 

Upon reaching i was asked to make a police report at the counter and shortly after it was my turn to see the I.O. I was expecting him to ask me what happened bla bla... but he didnt. Just ask me becareful and warn me of this and that dangers of being on the road bla bla... Then he said the driver kena charged for inconsiderate driving. I was thinking "CB like that nia? nearly caused my life knn 9pts $200 nia!?" but i do not know why they treat the case as clear-cut his fault... i didnt ask, i think the driver admitted it was his fault.

 

So after this i sent for a tow-truck and got the bike to planet motors, i dunno where else to go except there.. So with the following documents

1) Police report

2) Photos of the accident

3) Sketch of how the accident kena

4) Insurance and photocopy of IC and license

5) Your MC (How much u going to claim for yourself depends on this already, the more the merrier!!)

6) IDAC report... etc

 

Ah chong then proceed the claim for me lor because TP said it was the other party fault. And very IMPORTANT! TP will send u a letter stating u involve in an accident then the other party is at fault and got charged with what what what. The letter MUST give to the bikeshop thats doing the claim.

 

So their lawyers then fight the case for me, Ah chong sent the bike to idac then rebuild the bike for me... I did not spend a single cent.

 

So after about a month the bike is ready, just say to myself lucky still alive then carry on with life lor. And lastly wait for the insurance claim to be ready lor... Till now more than half a year liao still no news...

 

Ok thats all. Hope this helps...

[gen8x]

Thanks LordCani

 

Your case is clear-cut not your fault but mine is kind of undetermined.

 

The IO told me the car driver gave him another version (I assume that means he didnt admit it)

 

and your case is Inconsiderate Driving, mine is Dangerous Driving which is more serious. The IO gave both me and the driver a notice of "Possible of being charged" under this act 64(1) cap 267

 

 

So i am worried about the points and the fines. I have a clean record so far but if knn 24pts like that then license like gone already lor

I have 2B (2yr+) , 2A (almost 1yr) , and class 3 (less than a yr)

all hard-earned, now if all 3 gone then it's like taking bus and train for the next dunno how long lor

[LordCani]

If the lights in your direction just turned amber, technically its not your fault ma, and before the arrow came on and he turned, he was being impatient and its his fault. Did u tell I.O ur lights just turned amber when u crossed the line?

 

And why is your case considered Dangerous driving while mine was Inconsiderate? I mean that guy nearly got me killed lor.

[kzone]

try to draw out where everything was at the point of contact & the traffic light signals.. it will help to eliminate wrong assumptions byt the IO. My bro (padestrian) was involved in an accident and a witness passed him the drawing of wat happened & it helped.. apparently the further the padestrian is fm the pavement, the higher the fault lies with the motorist. He got 30% blame & the motorist 70%. Costs (including loss of income) are divided accordingly..

Btw, the witness do not want to be involved cos of the hassle of going to court so just passed the drawing to my bro ..

[gen8x]

this is what i told the IO (in the statement)

 

i turned out from the petrol station nearby, reaching the junction, about 2 car length away from the junction, i saw the light changed from green to amber. My speed was 50-60km then. I know I cannot stop in time so I sped up to clear the junction and my speed then was 60-70km.

 

I do not remember what light it was when i crossed the stopline.

 

After crossing the stopline about 1/2 car length I suddenly saw a car turning right in front of me and it was about 1/2 car length away from me. I did not have time to break and crash ......

 

 

I tried to explained to him the petrol station i turned out from is 150m away so I could not go very fast (Phantom with pillon leh, me+gf = 100kg) but he did not care, he insist on me giving him a speed estimate!

 

I did not say I crossed the line on amber but based on the statement above and some maths, I crossed the juntion less than a second after the light changed to amber!

 

When i told him i crossed the line already, then about 6 meters, he stoped me and say "no no no no, everything must be car-length". Heck i gave him accurate distance he don't want.

so i just say it's 1/2 car length as you see above here. How long is car-length anyway?!

[Arcfire]

1 car about 2 bike length. i dun tink your bike is 6 meters right? 1/2 car-length is only about 3 meters. You've shortchanged yourself there. If in doubt, always say that you are correct. In this case, since your are not sure, you should ask the IO how long is a car or give a bigger number. Anything to make your statement seem more plausible that you are having the right of way.

 

Also, since you know you made it past the stop line before the amber turned red, say it. Rather than leaving it for the IO to assume. In such cases, it is important as to when you passed the stop line.

 

No point worrying about what will happen since everything has been done already. Get your bike settled and get on with your life.

[cashwong]

Hey bro, i'm almost in the same situation as you..just that i did not hit his left headlight but he hit my rear wheel by his right headlight (BTW, its a taxi driver). What u shld do now is to send ur bike to idac (since urs is a NTUC policy) for assessment. Read here for more info. Anyway, based on wat my lawyer say, normally if the accident occurs in a junction and both parties have got their own version, the court will make it a 50-50% case. I would suggest u to get a lawyer thru ur bikeshop and they are the best people u can seek advice from...

Bro, ..wat has happened cannot be undo..so why not jus have a good rest and focus on ur exam...let ur lawyer to handle the case...BTW, i hope u and ur gf all right...both got fracture bones...speedy recovery...

[MI_R1]

this is what i told the IO (in the statement)

 

 

 

 

I tried to explained to him the petrol station i turned out from is 150m away so I could not go very fast (Phantom with pillon leh, me+gf = 100kg) but he did not care, he insist on me giving him a speed estimate!

 

I did not say I crossed the line on amber but based on the statement above and some maths, I crossed the juntion less than a second after the light changed to amber!

 

When i told him i crossed the line already, then about 6 meters, he stoped me and say "no no no no, everything must be car-length". Heck i gave him accurate distance he don't want.

so i just say it's 1/2 car length as you see above here. How long is car-length anyway?!

 

Speed estimate>>>should be within legal speed limits, anything more is considered SPEEDING!!!

[MI_R1]

Here are my opinions to your questions.....(In Colour)

 

My questions are :

- Should i tow it to IDAC NOW? if estimated cost too hight, i want to wreck it how?

YES, IDAC.

WRECK??? Have any assessor declare it as total loss? If not wrecking it, will cause further headache for you.

 

- Insurance investigator has not decide on who's fault yet, he will based on TP report for this case, then how do i know who will pay for my repair?

It'll take awhile for decision to be reached.

You have to decide the fate of your mbike...at your cost untill a decision can be reached by TP/Insurance.

 

how long should i wait for result?

Depends, on lots of factors, can be weeks/months...

 

will IDAC keep my bike for the time being?

Need to check with IDAC for available storage areas.

 

- i called NTUC, they say if i'm at fault then i will get nothing from the other party, is that TRUE?

IF your fault, obviously...you have to bear your own repair cost of your mbike, increase in Insurance premiums, Nil NCB etc.

 

- insurance guy 'unofficially' said the witness spoke against me, but i don't know if that's the same witness the IO mentioned.

Whose witness is this??? Yours or the driver?If this witness is the Driver's Witness...you badly need to say your prayers!!!

 

- The way the IO said make me feel that the conclusive statement will be the witness' statement, then whoever at fault will be charged in court for Dangerous Driving.

Well...a decision is yet to be reached.

 

- like that then most likely it's my fault already?

You admitting you're guilty???

 

24 points? and fines? and possible jail term?

??? VERY pessimistic aren't you?

 

while i don't even get compensated for anything?

You can claim whatever (even Helmets etc.) that had resulted from this accident, provided you are not guilty as charged.

 

i'm just a NUS student, i don't have that kind of money

Being a Mrider was never cheap, always involves money...being an NUS student, you should have done research of what involve Motorcycling and Mbike ownership...rite???

[sICkbOi-dOt-cOm]

that was a cute one leh.. "just an NUS student.. dont have that kind of money"..