Accident related - What happen next? Private settlement? Look here

[crankcase]

Hi All,

 

Took a fall on my bike last Sunday, need some advice on how to handle the repairs and claims etc. Please pardon if a bit long.

 

The Accident:

I was coming from Bukit Batok onto the PIE, going towards Changi, and exiting onto Clementi Ave 6. As you know, this exit is a tight but smooth 270º curve, with two lanes. I was in the right lane, which was clear, and there were some cars on the left lane. I must have been travelling at ~60km/hr, slightly faster than the cars on the left.

About halfway round the curve, a black Honda Jazz changes lanes and comes in front of me. I honked and hit my front brakes (yes, bad move, I know), at which point I lost control and went down heavily. There was no contact with the car itself.

My friend was following on his R1, somehow managed to avoid me & my wreckage. He went on until the bus stop near the traffic light, parked there and ran back to help me. The errant car had not stopped after the accident, but another motorcyclist who witnessed this came back to tell me he got the car number and told him to come back. Unfortunately I didn't get this rider's name or number (was still too much in shock). If that Phantom rider is reading this, can he please come forward?

Another rider going the same direction a few mins later stopped to help me lift up the bike. I waited until I had caught my breath, then rode it to the same bus stop and sat down there. The car guy showed up after a while, asking what he could do to help. I asked him to take me to NUH A & E. My friend followed on his R1.

 

NUH:

Once I'd registered at NUH and they told me the waiting time was quite long, I exchanged particulars with the driver and he left.

From what I heard him talking on the phone during this time, his story matches mine - he changed lanes because he didn't see me coming, and I crashed trying to avoid him.

The doctor gave me 4 days' MC. I made a police report at the post there, the text of which is as follows:

On 15/06/2008 at 2215 hrs I was riding my m/cycle, FWxxxx, along PIE towards Changi slip rd to Clementi Ave 6. I was on the right hand lane of the slip road when a black Honda SSSxxxx moved from the left lane to the right lane in front of me, on the bend. I had to brake and take avoiding action, which caused me to me skid and fall. The driver of SSSxxxx came back to render assistance. I have received 4 days of M.C. from NUH A & E. That is all.

Listed my friend as witness.

 

Insurance:

Since I have AXA comprehensive insurance, I had to go down to city the next day (Mon) to make the accident report. Attached the Police report, made a sketch, and said I aim to claim from 3rd party.

 

The Damage:

From what I had seen briefly of the bike, the damage was mostly superficial - broken top fairing, scratched indicators, dent/scratch in fuel tank, other scratches here and there.

On Tue, I got the bike towed to my workshop along with the insurance report. Mechanic spotted some more damage, but confirmed a couple of days later that there's nothing mechanical/structurally damaged.

 

Discussion on Private Settlement:

Got a rough estimate from my workshop on Sat (21/6)for the repairs, and called the car driver to see if he wants to discuss a settlement. The conversation can be paraphrased as follows:

ME: "My workshop has taken a look at the damage and estimates $2500 for full repair... which I will be claiming against your 3rd party insurance. But if you want to discuss some kind of settlement, we can work out a lower figure."

HIM: "If you want to claim, claim! It's not my fault. You were still behind me, so whatever it is it's your fault. My insurance agent told me the same thing when I asked him."

End of conversation.

 

Options for repair & claim:

1. First Party claim: I use my own insurance to pay for the repairs; replace fairing, engine casing... everything that's even slightly scratched or damaged. Respray fuel tank also. Pay my excess ($1300), then try and claim this back from third party, in addition to injury, loss of use etc.

Advantage: Full repair

Disadvantage: Claim may not be be successful, which would screw my premium next year

2. Partial repairs, pay from pocket: Since mechanic says functionally everything is ok, I do the essential repairs, pay from pocket (~$300) and forget about the whole thing.

Advantage: Minimum hassle, things move on; no danger to insurance premium

Disadvantage: Some damage will be left... even if it's only superficial.

 

Question:

Is the car driver right? Will he get away scot free? Can blame be established where there has been no impact? Am I better off just dropping the whole matter?

 

And if I drop the insurance claim, will the TP investigation also be closed, or will that go on?

 

Thanks for reading so much Any advice appreciated!

 

- M

[contrarian]

crankcase, you have comprehensive insurance. Speak to your insurer's claims department on what they will do, or what they advise you.

 

For the property damage only, the easiest way is to make the own damage claim, and let your insurer decide if it wants to pursue the other party for recovery. This saves you the time, effort and money of making a third party claim for yourself (which is typically worth the few hundred dollars more in premium).

 

But your case is not so simple since there could be losses for bodily injury - so don't give up the option of making a third party claim yet until you understand the impact on the injury loss and any potential claim.

 

Please discuss with your insurer's claims officer or manager about your case and then decide with the benefit of knowledge.

 

You can also make a claim against the other party's insurer now and make your case now, but wait for more particulars later to see if you want to carry on that way. You should also discuss this with your insurer's claims department and get their view.

[crankcase]

crankcase, you have comprehensive insurance. Speak to your insurer's claims department on what they will do, or what they advise you.

 

For the property damage only, the easiest way is to make the own damage claim, and let your insurer decide if it wants to pursue the other party for recovery. This saves you the time, effort and money of making a third party claim for yourself (which is typically worth the few hundred dollars more in premium).

 

But your case is not so simple since there could be losses for bodily injury - so don't give up the option of making a third party claim yet until you understand the impact on the injury loss and any potential claim.

 

Please discuss with your insurer's claims officer or manager about your case and then decide with the benefit of knowledge.

 

You can also make a claim against the other party's insurer now and make your case now, but wait for more particulars later to see if you want to carry on that way. You should also discuss this with your insurer's claims department and get their view.

 

Hi, thanks for the advice. From what the AXA helpdesk told me (when I filed the accident report) and what my workshop told me: if I submit directly for a third party claim, the process will takes weeks if not months, and the bike cannot be repaired until that guy's insurer sends someone to inspect etc. They suggested I go ahead with 1st party claim, pay my excess... and then claim for this + injury + 'loss of use' etc from the other guy. This will speed up the process, and if my claim is successful, my insurance premium won't take a hit.

 

Do you think this is a good course to pursue?

 

Thanks

 

- M

[contrarian]

Personally, I always try to buy comprehensive insurance for this reason - it makes any potential third party claim much easier. The few hundred more dollars for the insurance is nothing compared to the time, effort and money of making your own claim.

 

Still, if I were you, I would go ahead and notify the third party insurer of the accident, that you are holding their insured liable, and that you are going to make a potential claim against it. Start keeping track of your losses, and maybe go to a free legal clinic and get some advice soon.

 

Whether you want to proceed with that later, you can assess when you count your damages that you want to claim from them.

[crankcase]

Personally, I always try to buy comprehensive insurance for this reason - it makes any potential third party claim much easier. The few hundred more dollars for the insurance is nothing compared to the time, effort and money of making your own claim.

 

Still, if I were you, I would go ahead and notify the third party insurer of the accident, that you are holding their insured liable, and that you are going to make a potential claim against it. Start keeping track of your losses, and maybe go to a free legal clinic and get some advice soon.

 

Whether you want to proceed with that later, you can assess when you count your damages that you want to claim from them.

 

Thanks for the advice bro! A couple of questions:

 

1. How do I find out who is his insurer? He refused to tell me when I asked him. Any other way I can find out for myself?

2. Can suggest some free legal clinic like you mentioned? Or recommend a good lawyer who can give me a free consultation for a start? Got no idea on this one...

 

Thanks again!

 

- M

[contrarian]

1. How do I find out who is his insurer? He refused to tell me when I asked him. Any other way I can find out for myself?

 

Do a search at the LTA or onemotoring using the vehicle number.

 

2. Can suggest some free legal clinic like you mentioned? Or recommend a good lawyer who can give me a free consultation for a start? Got no idea on this one...

 

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

[barefoot]

ar, katar rubbed against a car today =( my fault, i was doing lane change when infront vechicles slowed down, couldnt slow down in time so rubbed against the car with my footpeg. was my fault.

 

could have escaped but didnt not, waved to him and ask me go to the side. my bike no damage at all, his car rear door right side there have a 5 x 2 cm long black stain probably caused by my footpeg rubber and a small round dent probably by my knees.

 

cause in a rush, he took down my ic number and i missed called him. dont know he got take down my bike number anot. i didnt take down his car number too, first accident, 2nd day riding only, dam kan cheong =( then i ask wanna settle down privately, he said its a rental car then he say the rental company will call me then he go off liao.

 

so now waiting for him to claim me or pay the rental company if i could afford too. any idea what step should i do next? should i bring my bike to idacs and do a report?

[lawbah]

post deleted wrong post

[nayrB]

Had an accident with a bike along Clementi Road on 30.06.08. It's his fault as he did not check when turning out in between cars, so i hit him, had some slight injuries(scratches and bruises).

 

So now, I recieved a letter from AXA today, stating that the owner of the bike who i had an accident with, will claim against me.

 

Here's what the letter wrote:

 

ACCIDENT ON 30.06.08 INVOLVING FBC***** & FY***** ALONG CLEMENTI ROAD

 

We refer to the above matter.

 

We wish to inform you that we have recieved a claim from the owner of FY***** in respect of

the mentioned accident.

 

We shall proceed to handle the claim to our best ability in accordance with the terms and

conditions of the insurance policy. Kindly inform us in writing within 10 days from the date of

this letter if you do not wish us to handle this claim under your policy or you do not wish to

seek indemnity under the policy.

 

Please be informed that your No Claim Discount (NCD) may be affected as a result of the above

mentioned claim.

 

Da fella who is at fault, is he supposed to claim against my insurance? Wut should I do?

[teng_fred]

Hi guys, any1 know what does it mean by loss of salary? What constitute to loss of salary? Is it during ur MCs? Will they take into account that u lost a higher salary and found a low salary difference?

[Singaporean]

Any idea where I can find the list of authorised workshops in Singapore for accidents?

[contrarian]

Had an accident with a bike along Clementi Road on 30.06.08. It's his fault as he did not check when turning out in between cars, so i hit him, had some slight injuries(scratches and bruises).

 

So now, I recieved a letter from AXA today, stating that the owner of the bike who i had an accident with, will claim against me.

 

Here's what the letter wrote:

 

ACCIDENT ON 30.06.08 INVOLVING FBC***** & FY***** ALONG CLEMENTI ROAD

 

We refer to the above matter.

 

We wish to inform you that we have recieved a claim from the owner of FY***** in respect of

the mentioned accident.

 

We shall proceed to handle the claim to our best ability in accordance with the terms and

conditions of the insurance policy. Kindly inform us in writing within 10 days from the date of

this letter if you do not wish us to handle this claim under your policy or you do not wish to

seek indemnity under the policy.

 

Please be informed that your No Claim Discount (NCD) may be affected as a result of the above

mentioned claim.

 

Da fella who is at fault, is he supposed to claim against my insurance? Wut should I do?

 

Basic of motor liability insurance:

When someone makes a third party claim against you, forward the material to your insurer immediately and ask your insurer to deal with the case. Don't do anything yourself other than this, and then take the lead from your insurer after that in all matters arising from that claim.

[contrarian]

Hi guys, any1 know what does it mean by loss of salary? What constitute to loss of salary? Is it during ur MCs? Will they take into account that u lost a higher salary and found a low salary difference?

 

There are many different types of damages that can be claimed, which your lawyer should advise you on.

 

Briefly, it could mean either:

actual loss of past earnings because you could not work and wasn't paid during that period

or

estimated future loss of income because you cannot work or cannot work to the same level as before

 

Separately, actual past medical expenses and future medical expenses are different matters, not to be confused with loss of earnings.

 

Depending on your case, you can make a case for either or all of the above.

[contrarian]

Any idea where I can find the list of authorised workshops in Singapore for accidents?

 

From your insurer. Each one has their own list which may differ from other insurers.

[RaveReborn]

Recently i got into a minor accident with a car. My fazer 600 rear box collided with a toyota corolla right side mirror. The damage is very minor as you can see from the pics attached. He say it will cost $1235.45 to fix the damages as his car is new which he just brought on 04 0ct 2008. Does the damage justify his claim?

[w00t]

Recently i got into a minor accident with a car. My fazer 600 rear box collided with a toyota corolla right side mirror. The damage is very minor as you can see from the pics attached. He say it will cost $1235.45 to fix the damages as his car is new which he just brought on 04 0ct 2008. Does the damage justify his claim?

 

not at all.

 

if he is gonna take out the mirror for repaint its gonna be really cheap. Thats quite a ridiculous claim no wonder insurance prices are sky rocketing.

[contrarian]

Recently i got into a minor accident with a car. My fazer 600 rear box collided with a toyota corolla right side mirror. The damage is very minor as you can see from the pics attached. He say it will cost $1235.45 to fix the damages as his car is new which he just brought on 04 0ct 2008. Does the damage justify his claim?

 

Just send the claim papers to your insurers' claims department. Let them deal with it.

[Cococokie]

edited....

Edited June 7, 2009 by Cococokie

[ahcaibiker]

hi, was involved in an accident last night along PIE towards tuas. i was knocked in the rear by another kupchai on the middle lane. fortunately i was able to regain control of my bike and avoided a crash, the kupchai wasnt so lucky as it lost control and crashed towards the right lane. i was very shell-shocked at the point of time as it happened suddenly an quickly. according to the statement of another rider who was also involved in the accident. this kupchai collided into his left near his left mirror bringing him down along with him. my bike suffered minor damages, i had minor injuries, really a miracle i think cos i could have become superman. my bike's throtte cable jamed, causing overrev immediately bike is started so it has to be towed by emas along with the other 2 bikes. the kupchai was the most heavily damaged.

 

in a nutshell, in my perspective as best i can to described the accident, the kupchai collided into me, lost control and ping ponged to the right taking down another motorcyclist. i suspected drink-riding on his part. As it was my 1st accident, i didnt know what to do so i didnt took down the particulars of the parties involved in the accident.

 

i had made a accident report at a police station. can anyone tell me who is at fault here? cos im damn sure im not at fault. what can i do from here? can i retrieve the parties' particulars thru TP? Help pls. Thanks.

[the]

i was just wondering

 

is there any difference in claiming

 

for the following scenarios

1: Driver/ Rider is Charge in Court for Inconsiderate Driving 9pts COurt decide the penalty.

2: Driver/ Rider is Compunded by TP for Incosiderate Driving. 9 pts 200$

 

Let put it the Driver is at fault and the rider is not charged or penalised.

 

So the rider wish to claim from the driver and so is the pillion

 

How many percent of the liablities of the driver will it be for both scenarios?

The BOLA will not work in this case because TP made a decision that changes the whole factor.

 

Will it be 100% claim from Rider to Driver?

Will the Driver insurer take 100% liability?

Can the pillion claim the same claim as the Rider to the Driver?

Will the rider be cold defandant?

 

Now if the driver is at fault and charged in court.

Can the pillion still claim for damages frm the rider?

 

 

Heard news if the Driver/ Rider traffic offfence is compound... the insurer liabilites is only up to 80%

IF the driver/ riders is Charge in court. The insurer liablities will be 100%

 

i wonder...

[nelo]

i hit a car on his rear bumper and license no. my bike had ZERO damage except for a few scratches due to drop. he claim against my insurance $6132.00 for repair cost.

 

my insurance company say they will deal with it.

 

but what the hell.. who can justify this claim? damn.

[LuckyThirteen]

i hit a car on his rear bumper and license no. my bike had ZERO damage except for a few scratches due to drop. he claim against my insurance $6132.00 for repair cost.

 

my insurance company say they will deal with it.

 

but what the hell.. who can justify this claim? damn.

 

I assume you got take pictures of the car damage? Well the rule is if a vehicle hit you from behind the vehicle will always be the one to foot the claim. Anyway you can engage a lawyer but that will incur more costs on your part as its a cut throat motor industry out there and its just not "cost efficient". If you feel strongly about it then can consult with a lawyer first but that too cost money.

[stsoh]

i hit a car on his rear bumper and license no. my bike had ZERO damage except for a few scratches due to drop. he claim against my insurance $6132.00 for repair cost.

 

my insurance company say they will deal with it.

 

but what the hell.. who can justify this claim? damn.

 

had an accident early this month, about the same as yours.

a small indentation n paint scratched at car rear side, claimed S$4k.

breakdown - 2k repair+700 legal fee+390 accessment+800 rental+40 gia fee.

 

no choice since i told the driver to claim against my insurance.

so just let insurance deal with claimer.

 

i found out from sg car forum, insurance companies will only pay half of wat they claim.

tat's why their claim r as high as possible.

[nelo]

had an accident early this month, about the same as yours.

a small indentation n paint scratched at car rear side, claimed S$4k.

breakdown - 2k repair+700 legal fee+390 accessment+800 rental+40 gia fee.

 

no choice since i told the driver to claim against my insurance.

so just let insurance deal with claimer.

 

i found out from sg car forum, insurance companies will only pay half of wat they claim.

tat's why their claim r as high as possible.

 

gave me a shock for a few seconds.. i thought i have the pay the other half lol..

 

what happened to you in that accident.. hows ur rw..

[stsoh]

gave me a shock for a few seconds.. i thought i have the pay the other half lol..

 

what happened to you in that accident.. hows ur rw..

front vehicle jammed his brake, can't evade coz traffic were jam pack.

my bike handlebar end hit his rear side, bike got no damage.

not even handlebar end coz it's solid steel.