Help!! How to claim accident expenses from car driver?

[foofam77]

my parents were on a motobike when they got banged by a car driver from behind (pure accident, not drink-driving, no hit & run)

 

The bike is registered under my dad and bike insurance is from Mitsui Sumitomo (3rd party cover only)

 

Now my dad wants to claim for bike repair cost and other incident costs arising from the accident e.g., medical expenses, transportation costs to hospitals, loss of income during the MC periods etc.

 

But based on initial inquiry with Mitsui Sumitomo, because Mistui deemed that it is the car driver's fault, hence there should not be any claim make agst my father. As such, Mitsui will not be involved further, not even helping to claim the bike repairs cost from the car driver's vehicle insurance.

Mitsui advised that in this case, for all incidental expenses, my dad needs to hire a lawyer to claim from the driver's insurance company directly.

 

As for the legal fees, if it is confirmed that the car driver is fully liable at fault, the car driver's insurance company will have to bear my parents' legal fees 100%.

 

Is this how it should be?

 

If the maximum claimable via legal means is only the actual expenses incurred due to the accident (excluding legal fees), then after deducting the legal fees, the nett amt received by my dad may not justify the time, effort and mental stress that my family have to undergo for the legal claim.

 

Pls advise.

 

thanks in advance

[Yatz86]

usually need police report 1st b4 engaging lawyers.....as for lawyers part, my 2 previous claims were from lawyers and from my experience, i didnt fork out a cent as my cases were both 100% won.

Only would u lose a case den u have 2 fork out...

[arsie]

I think the usual recourse is for your father to claim his medical or hospitalisation insurance. Depends on the severity of the injury, you can claim different amounts from your life insurance. Such as permanent disability, etc.

 

Medi-Save Medi-Shield help much?

[foofam77]

so does it mean what Mitsui say is true? that means, it will only claim bike repairs and nothing else?

And the only way out to claim those incident expenses is via engagement of a lawyer?

 

Any reliable and reasonably-priced lawyer to recommend for such cases? I certainly do not want my parents to incur the legal fees, but at the same time, i want them to claim back from the driver, and not from my parents' own personal accident insurance schemes.

 

You guys hv encountered such claims before?

[adr77]

If injury is involved, there should be a police report. Once you know that the police is charging the driver for any offenses in regard to this accident, most probable you will win the case only the liability % will defer. IMO I think the liability is on the driver side so go ahead n sue him with a lawyer. Dun worry about the lawyer fee as it will be transparent to u as what Yatz86 quoted. Do remember to keep all relevant receipts till u engaged a lawyer.

 

Fyi, I am oso in the processing of fighting my case which happened in 2005. Mine was skidded while avoiding front vehicle which zig zag my path....

[Constructicon]

my parents were on a motobike when they got banged by a car driver from behind (pure accident, not drink-driving, no hit & run)

 

The bike is registered under my dad and bike insurance is from Mitsui Sumitomo.

 

Now my dad wants to claim for bike repair cost and other incident costs arising from the accident e.g., medical expenses, transportation costs to hospitals, loss of income during the MC periods etc.

 

But based on initial inquiry with Mitsui Sumitomo, it seems Mitsui will only help claim the bike repairs cost from the car driver's vehicle insurance and that's it!

As for the rest of expenses, my dad needs to hire a lawyer to claim from the driver's insurance company!

 

Is this how it should be?

 

If it is, then would it be very unfair to victims who can't afford to engage lawyers? Get hurt from accidents, waste $ on medical fees and yet not being able to claim anything due to the expected high legal fees and much hassle?

 

And let's say a lawyer is eventually engaged, what is the amount that can be asked?

Would it be the actual expenses incurred, excluding legal fees?

What about the legal fees? Would the "wrong" party (in this case, the driver) 100% bear my dad's legal fees?

 

If the maximum claimable is only the actual expenses incurred due to the accident (excluding legal fees), then after deducting the legal fees, the nett amt received by my dad may not justify the time, effort and mental stress that my family have to undergo for the legal claim.

 

Pls advise.

 

thanks in advance

 

Hi, hope this helps.

 

I kena an accident 2-3 years back and is going thru the legal/ claimsprocess now.

 

Yes, you need to engage a lawyer for your claims.

For my case, it is a clear cut case that the other party is at fault. So, the idiot got to pay for everything, including my legal fees.

 

Up til now, I did not fork out a single cent out of my own pocket for legal fees.

What you need to do is to engage a lawyer. Make sure you get ur medical bills/ taxi reciepts...etc properly kept.

It's best to let the lawyer handle everything, including the claims for the bike repairs. And remember, if the other party want to talk to you or settle, ask him/ her to talk to your lawyer. Do not accept anyting.

 

You will be claiming amonst other things:

 

1) Medical Bills

2) Misc cost like taxi

3) Future Medical Expenses

4) Loss of earning

5) Future loss of earnings

6) Pain and suiffering for your injuries

7) legal fees*

8) etc

 

*The legal fees will be borne by the other party. At most, I think you need to pay a few hundred/ 2-3K depending on the duration of the process.

You dun need to worry the joker will run away, because his insurance comp will pay, not him.

 

I am not a lawyer, just someone suay enuff to kena one accident.

I advise you to get a lawyer and get his/her advice on the proceedings. You cant just get any lawyer. My fren got a joker who specialise in other field instead of accident claims, in the end the lawyer ask him wat he want to claim.

[Marvelkid]

previously i let my bike shop handled everything, in the end i no need to do anything (besides signing forms), the bike shop liased with the insurance company, and the company liased with the lawyer. i got compensation for my injury, cost of repairs, loss of use, survey fees, medical report fees... everything. i just paid the bike shop 500 to repair the bike initially.

in the end, we win so i was rewarded everything, except the cost of repairs goes to the bike shop, so the bike shop earn this and the 500 i paid them initially. basically it was hassle-free for me.

usually the bike shop would only fight for you if there is chance to win, cos if win, then they earn more, if not, they only earn from the 500 i paid them initially.

anyway after i deducted the 500, actually, i still have extra $$ from the total compensation i received.

so everything counts, the more days the MC, the greater the compensation too.

[foofam77]

anyone with a recommendation for lawyers?

 

thanks

[Ddz]

pm me for lawyer number.. =)

[foofam77]

Hello Construction, able to PM me a lawyer that specialises in such claims, so that i will avoid getting those like what happened to your fren?

 

thank you

[contrarian]

foofam77, I'd urge you to have a look here for more info:

http://www.singaporebikes.com/forums/showthread.php?t=116964

 

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.

 

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

[dragonforce]

i was involved in an accident and i engaged 1 motorbike shop's lawyer.. surveyor quoted $1200 for repairs but the law firm said i had to fork out $360 as they are only prepared to pay $840 to the bikeshop to get the bike repaired..

 

is this a normal procedure?

[adr77]

i was involved in an accident and i engaged 1 motorbike shop's lawyer.. surveyor quoted $1200 for repairs but the law firm said i had to fork out $360 as they are only prepared to pay $840 to the bikeshop to get the bike repaired..

 

is this a normal procedure?

 

the bike repair fee shld be transparent to u, meaning u dun pay anything to repair ur bike. BTW is urs a police case n r u informed that they will charge the other party?

[bernard]

get back some personal claim from that driver on daily cost on public transport due to loss of usage of your own vehicle, claim on loss of wages due not being able to work because of the accident most of all claim on the phycolocial shock due to the accident. don ever let that driver run loose because of his/her negligence. i ever claim a driver 12K in personal claim due to the above circumstances