its not my fault!

[dragonforce]

Hi

 

I encountered an accident almost half a year ago and now receive a lawyer's letter. before i mention the contents of the letter, here's how the story goes:

 

i met an accident with my pillon during feb along with a car. how? i was travelling slowly to fill up a gap in front of the yellow box. all of the sudden.. a car from the opposite direction turning right dashed out wanting to turn into the car park. i jam braked and as a result i skid of fall.

asked if he want to have a private settlement.. he said "you want to make a report then go make! this kind of accident everyday also happen!"

 

ok, so i and my pillon went to hospital and check up making sure we are ok.. i had a 4 day mc as a result and my pillon didnt have. next we went to make a police report. giving details to the police, then she put down as for claims purpose.

 

next day, i went down to my insurance company and made a report as well.. after that was done, all paperwork done was then handed over to a bikeshop and they then passed the papers to their lawyer.

 

all of the above which i could do was done asap.

 

a few weeks later then the surveyor came to access the damage. it took another few weeks before i went down to the law firm to sign agreement to allow him to handle the case.

 

then, the law firm send me a letter saying they are willing to pay $800+ out of the total $1200+ repair fees. so i got to fork out another $300+. at this point of time, already quite pissed.

 

NOW, the law firm send me a letter saying the other party is offering to pay me a sum of $600+ as a final settlement. IN ANOTHER WORDS, i got to bare the remaining balance of cost of repair, survey fee and legal costs after deducting $600+, which is about $1000+.

 

is this the right procedure? in any way was the situation not done the proper way? anything i can do to rectify the problem?

 

in distress already.. pls advise. thanks in advance.

[BlackBandit]

Bro,

I believe that there was no contact with the other parties vehicle right?

 

In this case, I believe the other parties culpability in this accident was rather diminished given the fact that there was no contact. Granted that you have right of way but he may give alternate versions of the accident to ensure his responsibility is reduced.

 

Unlike in straight forward cases (like beating red light or failing to give way resulting in collision), yours is a 50-50 case. But if you've got an independent eyewitness (no relation to any party) who can vouch for you, then you're safe.

 

However, I have yet to see an accident payout where someone is granted 100%. Even in my accident in 2004 where a taxi failed to give way to me & I had an independent eyewitness, I was granted 90% of the total claim. This also covers personal injury & legal costs.

 

My best advise to you is to take whatever you can.

[racingter]

if u have witness it will be better if not the policeman charge u reckless riding...fine + demerit points then u LL already..

[dragonforce]

Bro,

I believe that there was no contact with the other parties vehicle right?

 

In this case, I believe the other parties culpability in this accident was rather diminished given the fact that there was no contact. Granted that you have right of way but he may give alternate versions of the accident to ensure his responsibility is reduced.

 

Unlike in straight forward cases (like beating red light or failing to give way resulting in collision), yours is a 50-50 case. But if you've got an independent eyewitness (no relation to any party) who can vouch for you, then you're safe.

 

However, I have yet to see an accident payout where someone is granted 100%. Even in my accident in 2004 where a taxi failed to give way to me & I had an independent eyewitness, I was granted 90% of the total claim. This also covers personal injury & legal costs.

 

My best advise to you is to take whatever you can.

 

hi

yes your assumption was right..

when we are talking about total claims here.. we are calculating personal injury (pillon excluded), legal costs + admin fees (eg surveyor fee) and repairs right?

 

if that's the case, i am actually on the losing end.. if my calculation is not wrong.. i am paying close to 70% of the total claims..

 

if u have witness it will be better if not the policeman charge u reckless riding...fine + demerit points then u LL already..

 

hi

i can only say if i am charged with reckless riding.. my mood is be worse than if i step into a pool of sh*t.. and i forgot to state the fact that i am on first gear.. travelling not more than 25kmph..

 

so now the lawyer is asking if i should agree or disagree with the other party's payout? what are you guys take? LL accept the 'payment' and fork out the remaining 1k or disagree with the payment and ask for higher payout?

[BlackBandit]

Bro,

You still can bargain despite taking in 30% of the total claims but it's best if you check with the lawyer on your chances of getting perhaps 50%. If not, just take whatever you can get...

[dragonforce]

hi

thanks for your advises so far bro..

honestly i am having doubts on what the lawyer advises me that's why i ask for forummers past experience..

at first he told me mine was a 70-30 case in my favour.. i clearly understand there's always chance things might go what we dont expect.. now it has been turned around and without calling me to explain why.. furthermore he stated in the letter to advise me to accept the payout.. i mean.. come on, at least call and tell me how come like that lah..

another worry is, if i ask the lawyer to pursue, most likely he will tell me, 50-50 case if you want to have a higher payout.. so IF i lose, does it mean that i have to fork out even more for both party's legal fees?

[contrarian]

The best person to advise you is your lawyer, instead of asking people who don't know enough about either the law or the specific facts of your case.

 

The dribs and drabs you gave about your case is confusing enough. You mention repair fees and the settlement offer, but elsewhere you also mention that you're making injury claims.

 

It might appear that the lawyer was telling you it was 70-30 in your favour - meaning likelihood of success, not percentage of damages awarded. What happened in your case is that liability was admitted, but quantum is disputed.

 

There is no sense speculating what your lawyer "most likely" would tell you - ask and you will know. And ask him the reason that he recommends accepting the offer.

[dragonforce]

repair fees, injury claims comes together.. settlement fees offered by other party through his lawyer is to settle all costs incurred which includes repairs, surveyors fee, legal fees, medical bills.

 

already asked my lawyer why he asks me to accept.. he said he didnt. to which at this point of time i ASSUME that the letter send to me was a template prepared by his secretary and therefore he signed without vetting it.

 

i also understand that the figures he is giving me means likelihood of success. clarifying with him further regarding this, he say there is no way he can tell me how much more legal fees am i going to incur cause that would depend on how far the case would go.

 

why am i asking pple here you ask? simple, lawyers you engage, be it they win or lose the case.. they collect money from clients.

 

pple here might have experienced similiar situation before.. ie get into accident.. with no witness, 1 person's mouth against another, go into court and fight a case in which you only want to claim back all the fees incurred. but end up plan got backfired have to pay more than not reporting the case at all and just do the repairs.

 

these are just all my opinions and assumptions. i sincerely apologise if i got any of my facts wrong.

 

good day.

[wanaero]

this would be the first time i hear someone actuali paying for the accident.. usually it would be affected in the insurance premium right???

[contrarian]

From the information you provided, whatever you said your lawyer said is factually correct.

 

What you are experiencing are without prejudice negotiations with a view to settling the case. If you think you can settle at a higher offer, then discuss with your lawyer on making a counter offer - either a dollar amount or a percentage of the total.

[IvikaRazI]

this would be the first time i hear someone actuali paying for the accident.. usually it would be affected in the insurance premium right???

 

This would only happen if you claim against your own insurance. In his case, he is claiming against the 3rd party (the driver).

 

 

From the information you provided, whatever you said your lawyer said is factually correct.

 

What you are experiencing are without prejudice negotiations with a view to settling the case. If you think you can settle at a higher offer, then discuss with your lawyer on making a counter offer - either a dollar amount or a percentage of the total.

 

As what contrarian says, you best discuss this issue with your lawyer and see what advice he gives. In the end, you are still the one to decide the outcome. If you drag the case too long, the legal fees are going to kill you. It gets worse if you lose in court and have to pay for the other party's legal fees as well.

 

Anyway Hope the best for your outcome.

[normanlai]

usually if you let the lawyer handle it and there is MC involved, TP will have to come into the picture, and confirm have to claim insurance unless both parties are happy to cough out cash. the 7:3 or 9:1 or whatever, both parties should not need to cough out cash. The insurance company will pay on your behalf (else pay premium for what?).

 

If 7:3 and it is not your fault, NCD will not disappear, and your insurance will pay the 30% for you. All you need to do is to handle your medical bills in the meantime.

 

 

the above is from a good friend who shared his sad story with me before.

 

 

under any circumstances, as long there is injury involved, pull TP into the picture and inform your insurance. no matter how some people can cry, act begger, beg u on their knees, tell u their father will skin them alive (check other threads for such examples)

 

You have no idea how people can play stunt and claim the opposite. To quote an example that another friend shared with me. his sister got involved in an accident riding a scooter. some facial damage and limb injury. Her claims against the driver reached $200,000.

[dragonforce]

As what contrarian says, you best discuss this issue with your lawyer and see what advice he gives. In the end, you are still the one to decide the outcome. If you drag the case too long, the legal fees are going to kill you. It gets worse if you lose in court and have to pay for the other party's legal fees as well.

 

Anyway Hope the best for your outcome.

 

i send my letter back to my lawyer saying i am not going to pursue the case any further... he called me back 2 days later asking if i circle wrongly.. i told him no.. i dont wish to pursue further?

 

"why? the payout by them is very low."

"i got no money. you cannot tell me roughly how much more legal fees am i going to incur. i respect that. even if i win, it doesnt guarantee the final fees i need to pay is less than 1k. unless you can tell me you are not going to charge more if you lose the case, i got no money to pay you anything more than 1k.

"ok i respect your decision. so how about your shortfall of 1k?"

"i'll arrange with your secretary and pay after national day."

 

this is roughly the gist of the conversation. as you can see.. i totally lost trust in the lawyer.

 

usually if you let the lawyer handle it and there is MC involved, TP will have to come into the picture, and confirm have to claim insurance unless both parties are happy to cough out cash. the 7:3 or 9:1 or whatever, both parties should not need to cough out cash. The insurance company will pay on your behalf (else pay premium for what?).

 

If 7:3 and it is not your fault, NCD will not disappear, and your insurance will pay the 30% for you. All you need to do is to handle your medical bills in the meantime.

 

 

the above is from a good friend who shared his sad story with me before.

 

 

under any circumstances, as long there is injury involved, pull TP into the picture and inform your insurance. no matter how some people can cry, act begger, beg u on their knees, tell u their father will skin them alive (check other threads for such examples)

 

You have no idea how people can play stunt and claim the opposite. To quote an example that another friend shared with me. his sister got involved in an accident riding a scooter. some facial damage and limb injury. Her claims against the driver reached $200,000.

 

TP already send letter to me saying that they cannot find any conclusive evidence. FYI, my insurance company paid nuts. i was the 1 who forked out $$ to pay the law firm regarding the earlier part of repairs. and now that the lawyer is asking for the shortfall, i believe its coming out from my pocket as well. please advise me how does my insurance company come into the picture.

 

i got 4 days MC and i have the right of way during the accident but fa*king so what!? i paid more than 1.5k for this accident out of my own pocket.

[contrarian]

The insurance company will pay on your behalf (else pay premium for what?).

The premium is to have your insurer pay out claims from third parties whom you injure or damage. It's not to pay you. That's the point of making a third party claim against the other party's insurer - so that his insurer pays.

 

If it's 30% of the total damages, then the other 70% falls onto yourself.

[miss]

Bro,

I believe that there was no contact with the other parties vehicle right?

 

In this case, I believe the other parties culpability in this accident was rather diminished given the fact that there was no contact. Granted that you have right of way but he may give alternate versions of the accident to ensure his responsibility is reduced.

 

Unlike in straight forward cases (like beating red light or failing to give way resulting in collision), yours is a 50-50 case. But if you've got an independent eyewitness (no relation to any party) who can vouch for you, then you're safe.

 

However, I have yet to see an accident payout where someone is granted 100%. Even in my accident in 2004 where a taxi failed to give way to me & I had an independent eyewitness, I was granted 90% of the total claim. This also covers personal injury & legal costs.

 

My best advise to you is to take whatever you can.

 

Just to check... In your case, Tp charged the the taxi, is it?

However due to no contact and taxi was found to be at fault, you were only liable to 90% of the claim. So when you repaired your bike, did you have to fork out the remaining 10%?

 

I'm quite unsure as i had a similar accident abt a mth back. But no contact with car. Still waiting for TP report. Bike shop lawyer is handling my case. I'm not sure how the whole thing goes.

 

Anyone knows how long this entire process is gonna take?

[dragonforce]

hi miss

i had to wait for about 5-6 months before hearing from the lawyer what's the initial payout the other party offered.. you can probably use that as a gauge although i think mine took little long..

[kennethy]

i have hear some similar cases... and i just like to share my personal thought. to me, i will think for us riders, we will always be at the loosing end if we brake hard (esp ebrake) to prevent and accident (collision) but in turn had a fall due to loosing control of the bike...

 

this is open for deliberations but i think i would rather bang the other vehicle instead. this approach leaves a very visible mark on the other vehicle which will be helpful when TP is investigating, from the collision, many useful information can be collected such as rough vehicle speed, angle of collision, etc, which will really help in your claim of the story.

 

in my very personal opinion...

[Chaoz]

so what would be the best thing to do if (touch wood) this were to happen again in future? Report? Dun report?

[miss]

Wow dragonforce, half a yr is a long time. The shortest i heard was about 2-3 mths, but that was a clear-cut claiming case, with not much investigation to be done, hence the short wait. So in a way, when u agreed to stop proceeding with the lawyer, does it mean your case is over? With you having to bear 1k++ of the cost incurred...

 

So basically, what i need to do now is to wait for TP report, then to liaise with the bike shop regarding the entire repair and medical claims right? Hopefully, this will not take that long.

 

Anyway, my bf was riding, i was pillion. I think it was better that we did not collide with the other vehicle as then, our injuries might be more than just abrasions, maybe even fractures or broken bones. OW! Though this may put us in a disadvantage when claiming. Hopefully witness statement might help.

 

Chaoz, i think whenever there are injuries in an accident, it must be reported. Smthg about having at least 3 days of mc, which will then lead to a police case.

[contrarian]

For pillion passengers injured, you should not liaise with the bike shop. This is because you could usually claim against both the rider as well as the other motorist, which means that the rider's lawyer won't handle your case.

[loufu]

Wow dragonforce, half a yr is a long time. The shortest i heard was about 2-3 mths, but that was a clear-cut claiming case, with not much investigation to be done, hence the short wait. So in a way, when u agreed to stop proceeding with the lawyer, does it mean your case is over? With you having to bear 1k++ of the cost incurred...

 

So basically, what i need to do now is to wait for TP report, then to liaise with the bike shop regarding the entire repair and medical claims right? Hopefully, this will not take that long.

 

Anyway, my bf was riding, i was pillion. I think it was better that we did not collide with the other vehicle as then, our injuries might be more than just abrasions, maybe even fractures or broken bones. OW! Though this may put us in a disadvantage when claiming. Hopefully witness statement might help.

 

Chaoz, i think whenever there are injuries in an accident, it must be reported. Smthg about having at least 3 days of mc, which will then lead to a police case.

 

1/2 a yr is nothin.. i ever been drag into an accident claim which i was nvr even at the scene for almost 3yrs... the lawyer firm nvr even updates me on the outcome... the last time i called them they juz said the other party havent giv any response... i juz take it as case close.. lol

[miss]

For pillion passengers injured, you should not liaise with the bike shop. This is because you could usually claim against both the rider as well as the other motorist, which means that the rider's lawyer won't handle your case.

 

I see... But if i were to claim from the rider, meaning i'm driving the insurance up the next renewal right? The bike is under my name and my bf is 2nd rider. . So in other words, i am claiming against myself yes?

 

anyway, congrats loufu. hahah.

[contrarian]

I see... But if i were to claim from the rider, meaning i'm driving the insurance up the next renewal right? The bike is under my name and my bf is 2nd rider. . So in other words, i am claiming against myself yes?

 

Yes. Claimants normally would do this when the damages that can be claimed from that injury is quite substantial in dollar terms.

 

Similar to when someone would pay to settle a minor collision but ask the other party to claim from his insurer if it's serious.

[miss]

Hmmm, I will just wait and see how the TP investigation turns out. Don't think i wanna claim against my own policy.

 

Thanks for your responses. Appreciate it!

[dragonforce]

your questions have been answered.. all the best!