Accident - Insurance Claims

[TheOne]

Hi, I was involved in a traffic accident on my bike about 10 days ago. I was travelling straight (green light) when suddenly, a car in the opposite direction turned right abruptly. As the ground was wet, my minimal reaction time did not allow me to brake on time and we collided. I was flung about 10m away and my pillion rider slightly less.

 

As a result of the accident, I broke my femur (thigh bone) and had an operation in hospital after being rushed there by ambulance. I was crying all the way in pain and had to be put on morphine once I reached the hospital. Thankfully, my pillion rider had no major injuries and he was able to get up immediately and take down the driver's vehicle license plate. My pillion managed to take some pictures on his phone with regards to the accident.

 

Actually, I'm typing this on the hospital bed (it's been about 10 days since the accident). I'm not quite sure about the process that I'd have to go through now, so hope people here can enlighten me. What I know is that I have to go to TP to give my statement, find my bike (which I believe they towed away from the accident site because I was in no such condition to do so), repair it and claim for repairs from the driver's insurance.

 

My medical bills are actually covered under my employer (they'll be absorbing 100%), so that should not be much of a problem. However, are there any other things I can claim from the driver? I believe this to be a 100%-driver-liability accident because there was no way I could have prevented it, so is it possible to claim for temporary disablement, items damaged during crash etc?

 

Hope to hear many replies soon.

[TheOne]

Also, if anyone has had prior experience with such accidents and insurance claiming/suing, do relate the estimated amount for certain damages (eg. broken leg, psychological trauma), the process you went through and the time taken.

 

It would be good if I could see some replies with regards to the injury as well. I was an avid triathlete before the accident and it really sucks to have to be bed-bound most of the time right now. From doctor estimates, I can only walk after 3 months and be back in sports in twice that time. Any brothers here with similar experience before?

 

Lastly, I would really appreciate if anyone who's been through an accident can tell me how he overcame the nightmare of getting on a bike again. I really love riding, but the accident keeps replaying in my head. I feel particularly hard done by this accident because I've always believed in safe and defensive riding yet some driver rushing for time caused me to be in such a state within the first month of my getting my bike.

[TheOne]

Just something to add, if I buy a wheelchair at this moment, is it possible to claim it under his insurance? I'm going to be on crutches for quite a while, but they're only suitable for short distance travelling. Anything more than 50m, I'll feel very giddy and in pain. And at the present moment, I can't quite afford to get something that's $200 without ensuring that it can be claimed.

[three]

Hi there,

 

I am sorry to hear about your accident. I have never made any claims before so I am in no position to give you any advice. But what strike me was, why claim your medical bills from the company?? Who not claim from the driver??

[2_wheeler]

Hope you are feeling better now...

 

 

most of your answers are already in here

Making A Motor Claim

[teng_fred]

Bro, what i can let u know or help is.. u must get a lawyer when u discharge.. (private lawyer) or u know any friend's lawyer to help u with the case...

i too recently had an accident.. veh collided into me.. After staying at CGH for 8 days, I discharged and went to tp to make report. after the report, u got 1 week to claim ur bike if bike is in tp compound. I also buy a wheelchair to help me but won't be able to claim immediately.. all this claims and suing takes many months to years to settle.. Talk to lawyer as to how the case will go abt it... In order to to have 100% to win the case, u must have witness.. I learn something from my case lawyer too.. the word is contributary negligence. if that happen to u, u will lose 10 -20% of the final payout.. For ur bike, find a good bike shop to help u do the claims..

[xia0_bai]

hi there i wld love to share my exp but i am a little lazy to type in full so here i a summary

 

my injuries involved fractured wrist, broken toe, lacerations on toe and mulitple abrasions despite all these i didnt feel any pain at all . i was fully conscious at that time and was pretty shocked from the accident.

 

i approached my bike shop and they recommended me a lawyer IMPT: initial charges are waivered cos its my motor shop. 2 IMPT: tow ur bike to star or any accident accessing place NOT ur bike shop or u will haf to pay for tow fee.

 

by now police report shd haf been made and u will haf to make follow ups according to the traffic polic dept.

 

meet up with lawyer and provide all info

 

waited about 1yr to claim $ and mine was settled OUT OF COURT which means it is already short waiting time

 

think if court settlement will be few yrs

 

any qn can pm me:)

[contrarian]

Sorry to hear about your accident. The important thing is for you to recover first since you're expected to recover in a few months. This is important so as to see that there's no lasting injury that's not visible at first.

 

I would advise you to please consult a lawyer who's familiar with handling personal injury cases.

You can usually claim for items like:

-loss of earnings during the period of injury (assuming that you actually suffered this monetary loss i.e. your employer stopped paying you during that time)

-medical expenses (assuming that you actually suffered this monetary loss, such as the wheelchair)

-loss of amenity and loss of future earnings (for disablement cases)

-pain and suffering (depending on the injury, a relatively small amount not linked to economic losses)

-property damage like your bike, towing charges, helmet, apparel...

-your legal expenses (note you won't get this in full)

 

Since yours is a case of a right turning vehicle hitting a straight coming vehicle, my view is that the right turning vehicle usually gets about 80% of the total liability. Very few cases allocate 100% liability to the wrongful vehicle because usually in an accident, both parties have to share some portion of the blame.

 

The important thing is to consult your lawyer who's familiar with personal injury cases.

[teng_fred]

It's very frustrating to know that jolly well it's not our fault when accidents happen and yet we get share of blame... even if the other party claim responsibility. Is it really fair?

[vicious]

Of course when claiming insurance, all parties wanted to cover their own mistakes, if not the $$$ will come from their own pocket or the premium will sky high. Not surprisingly they will come with their great grandfather story.

 

At times, those small accident case will just get off easily, the waiting time for the claim is too long, end up..the innocent has to bear their own cost of repair.

[teng_fred]

Originally posted by vicious@Nov 17 2006, 02:01 PM

Of course when claiming insurance, all parties wanted to cover their own mistakes, if not the $$$ will come from their own pocket or the premium will sky high. Not surprisingly they will come with their great grandfather story.

 

At times, those small accident case will just get off easily, the waiting time for the claim is too long, end up..the innocent has to bear their own cost of repair.

Guess they are paid to do it..

[contrarian]

Originally posted by teng_fred@Nov 17 2006, 01:34 PM

It's very frustrating to know that jolly well it's not our fault when accidents happen and yet we get share of blame... even if the other party claim responsibility. Is it really fair?

it is fair because when an accident happens, when it comes to two moving vehicles, most of the time both motorists should take a share of the blame.

 

having said that, usually if the accident is quite clear cut and the principal cause is the mistake of one party, the other party's share is 10-20%. this is even if the wrongful party accepts that he caused the accident as teng_fred says (unlike what vicious said about any embellishing of his side of the story).

 

the driving schools here teach too much right-of-way and don't teach enough of giving way. too many motorists wrongly believe in right-of-way instead of giving way. when an accident happens, then they realise that right-of-way isn't as clear cut as it seemed before.