insurance claims

[leonardlp]

bike accident insuance claims

Guys & Gals , need some advice on an accident.

 

I had a bad accident with a BMW (it's always the continental cars which drive like they own the roads) at a cross junction, other party had turned right from opposing lane and i was going straight & rammed into their car door.

First time major accident with insurance claims.

driver was a foreigner on a rented vehicle and the lights had just turned amber after i passed the pedestriian crossing.

other driver also reported he turned right on amber.

 

Anyway long story short; their insurance is willing to pay for my bike repairs and medical (out of court) but say that max compensation for my injuries is about $3k.

i had only 7 stitches and multiple contusions but no fractures.

Bike had major frontal damage so i am quite lucky

 

seems kind of pathethic that after limping on 1 leg and having difficulty getting up from bed/ eating for 2 weeks that this is all i am getting back..

 

if anyone has a similiar experience to share, i am sure others will want to know what we can do/ expect

 

thanks a lot for contributing!

[NaRuTo13]

based on above situation, how much is your bike repair? and ur bill for medical treatment? i think that alone more than 3k? not to mention the time loss and even after the 2weeks.

[leonardlp]

dont know about bike repair, i meant $3k on top of medical and repair job.

est bike repair about $8-10K

[NaRuTo13]

u say he offer 3k + every other charges with receipt, but will insurer play stunt or not?

 

your bike shop nv advise u on the total amount claimable?

 

how much the liability in this case the bmw insurer admitting? even both amber, turn right vehicle have to give way to straight vehicle.

 

 

did u ask if u dont accept the 3k mean u should claim 3rd party claim via bike shop?

[Orleng]

the best person to speak to would be the lawyer handling your claim if you already have one (assuming you do). They'll be in the best position to advice you on what's the norm, especially if they're langah lawyers.

 

My experience was that the bike shop engaged a lawyer, then lawyer asked for my MC, claims everything. Halfway through the process, the opposing party's insurer called me, saying that the other party wants to settle in private. Then I said, no thanks, please speak to the lawyer that I've already working on the claim.

 

When a decent resolution was reached, the lawyer ask me to head down to their office. Explained that the settlement was already fair and more in that case, advised me to accept the settlement.

 

If you do have a lawyer handling the claims already. You can always ask him/her if they think that it's fair given the circumstances. And if you decide to pursue it further, what are the possible outcomes. Will you have to fork out more money, etc.

 

Of course you may have bad experiences with the lawyers if their manner of handling the case is not to your satisfaction. However, I think it'd be better their advice than everyone else's here. "YES! ACCEPT!" or "NO! TOO LITTLE!". Then who will you listen to?

 

Just my opinions. YMMV.

[anoobster]

how about if one is doing separate claim like lawyer doing the injury claim whereby workshop doing damage claim. do we have to like pay for the workshop cost den file a claim and wait for the claim to be proceeded?

[Orleng]

Oh, yeh, if you have your own langah lawyer. Likely you'll have to pay the shop, get the receipt, then submit to your lawyer by yourself.

[leonardlp]

anoobster, that i found out today.

if claim against other party will need workshop submit to other insurer repair quotation , then they will get their surveyor to come access damage and probably start writing off this and that as unnecessary etc.( eg repair fairings vs buying new set) and final claim for repairs down to maybe 70%. insurers

[leonardlp]

u say he offer 3k + every other charges with receipt, but will insurer play stunt or not?

 

your bike shop nv advise u on the total amount claimable?

 

how much the liability in this case the bmw insurer admitting? even both amber, turn right vehicle have to give way to straight vehicle.

 

 

did u ask if u dont accept the 3k mean u should claim 3rd party claim via bike shop?

 

 

bike shop advised repair amt but not confirmed yet.

BMW insurer doesn't want to confirm anything, just say come to us and we can talk.

on advice of bike shop have engaged langa lawyer to deal with them

 

bottomline is if i dont accept means going to court to fight it out later.

[leonardlp]

Oh, yeh, if you have your own langah lawyer. Likely you'll have to pay the shop, get the receipt, then submit to your lawyer by yourself.

 

whao like that mati seah!

mechanic just said repair work

total $20K

 

BTW bike is harley. still seems a lot

[anoobster]

Oh.. my case is the lawyer that i engaged claim for my injury then i hv to do my own damage claim. But of course i have to pay the workshop 1st

[NaRuTo13]

bike shop advised repair amt but not confirmed yet.

BMW insurer doesn't want to confirm anything, just say come to us and we can talk.

on advice of bike shop have engaged langa lawyer to deal with them

 

bottomline is if i dont accept means going to court to fight it out later.

 

die die must go court de meh? sorry i duno.

 

most likely both party will go to a compromise? since the insurer wan to jump to compensate u instead but very vague in your description, if ur willing to accept 3k its ok. but i duno will they bear full responsibility to the damage n your personal injuries cost?

 

or ask them come to u to talk instead if u know the drive at fault, just take as a listening ear but dont sign on the spot wor, later u regret!

 

btw no one ask their surveyor down yet? cos if u claim against them, if they will be sending surveyor down, as well do it now, no point drag. without surveyor whatever u repair they later kpkb say they dont know etc. trying to say even if u get them pay u or claim against u, no harm getting them to take pic and assess bike damage first. if not everything drag. if i were u i will chase them every single day till they do something.

[NaRuTo13]

Oh, yeh, if you have your own langah lawyer. Likely you'll have to pay the shop, get the receipt, then submit to your lawyer by yourself.

 

whao like that mati seah!

mechanic just said repair work

total $20K

 

BTW bike is harley. still seems a lot

 

if u tell the insurer repair 20k + ur injury bill $xx + $3k for personal , do u think they will still offer the 3k?

 

think u need to see whats their offer before u decide anything then at the same time see what the lawyer can fight out. u can do self comparison also mah after hearing both side.

[anoobster]

report to IDAC still hv to report to ur own insurance?

[leonardlp]

KNN> just rec letter from TP say that fellow at fault. fine $200 and 9 pts.

tt is all... we bikers really at risk from these irresponsible drivers, esp continental cars owners.

[NaRuTo13]

KNN> just rec letter from TP say that fellow at fault. fine $200 and 9 pts.

tt is all... we bikers really at risk from these irresponsible drivers, esp continental cars owners.

 

if this letter can help u claim towards the other party insurer. its a good news. check with whoever settling for u. but i think only lawyer can help u maximize ur claim but the shop sure also maybe cut abit of the amount?

[crazydj]

TS, i got similar problem as yours, but i was stationery. Some china guy in a company van turned right and knocked me down while he was beside me. I flew off, did about a 360 degree side flip and landed on my side. My bike got minimal damage, just a few minor scratches and really bent gear shift lever.

 

The china man refused to compensate me and still insisted claiming on his damages caused to his van, which was minimal compared to my bike damages and my physical injuries. Lucky i was stationary if not i really fly far far and my bike really kenna kenna. Went to SGH A&E and was given 3 days LD by the doctor. Injuries only a few abrasions, bruises, sore back and left shoulder. Reported to IDAC, went to mech, bike shop lawyers office give details, pictures and medical receipts and surveyors office. Surveyor quote me my damages to my bike easily included more than 1k in damages.

 

The question is, how long will it take for the claim? I scared it will drag long long and the china man will cook up some funny c0ck and bull story and lie that i was racing doing like 200km/h on my YBR or something. Thanks.

Edited May 17, 2010 by crazydj

[NaRuTo13]

TS, i got similar problem as yours, but i was stationery. Some china guy in a company van turned right and knocked me down while he was beside me. I flew off, did about a 360 degree side flip and landed on my side. My bike got minimal damage, just a few minor scratches and really bent gear shift lever.

 

The china man refused to compensate me and still insisted claiming on his damages caused to his van, which was minimal compared to my bike damages and my physical injuries. Lucky i was stationary if not i really fly far far and my bike really kenna kenna. Went to SGH A&E and was given 3 days LD by the doctor. Injuries only a few abrasions, bruises, sore back and left shoulder. Reported to IDAC, went to mech, bike shop lawyers office give details, pictures and medical receipts and surveyors office. Surveyor quote me my damages to my bike easily included more than 1k in damages.

 

The question is, how long will it take for the claim? I scared it will drag long long and the china man will cook up some funny c0ck and bull story and lie that i was racing doing like 200km/h on my YBR or something. Thanks.

 

if ur mech shop involve lawyer i think depend how long both party close the case lor. if it were me, i cant wait i will spam the insurer for results. but if u involve lawyer best not to use this method.

[crazydj]

if ur mech shop involve lawyer i think depend how long both party close the case lor. if it were me, i cant wait i will spam the insurer for results. but if u involve lawyer best not to use this method.

 

What do you mean? Use what method? So now i call my insurer or my bike shop to find out about the current situation?

[NaRuTo13]

What do you mean? Use what method? So now i call my insurer or my bike shop to find out about the current situation?

 

i duno did ur bike shop got a lawyer to fight the case? if lawyer involve i not sure should u call the other party insurer to ask not.

 

possible method to check on the case, is the lawyer, the shop or the other party insurer.

 

provided the shop cant give u ans or u find them too slow, i would call insurer straight. but try not to deal anything private with them if not u will be overriding the shop dealing for u etc. unless u dun mind overriding the shop.

 

one of my experience is, i find the shop so slow n not good, i call the party insurer they wan settle private with instead, confirm got price difference lah. plus my bike dun really need repair except some scratches etc. so its fine with me. plus the shop is fren intro de plus go liao i dun really like but claim already submitted.

 

it depend on what u wan n how u wan deal with it.

[crazydj]

Okay. My shop got engage lawyer one.

 

1) I went to IDAC, made report, their surveyor took pictures. They advised me to go to my bike shop and ask them how to settle.

2) I went to my bike shop. Mech faxed my IDAC reports to their lawyers, advised me that he will hear from his lawyers whether its a GO or NO-GO situation. If lawyers inform that can claim more than 50%, my bike shop will proceed with the repairs. If they inform cannot, then my bike shop will back out.

3) I went to lawyers office to send the required documents. A&E bills, LD certificate.

4) I went to surveyors office to get my bike's damage documented and photographed.

 

The accident occured about a week ago. Roughly how long will it take to claim for cases such as mine?

[Orleng]

How long the claim process takes depends on too many factors.

 

Your lawyer, whether they have other more pressing cases on hand. Good lawyers may have many cases so you have to wait. Not so good ones may have less cases so can handle faster.

 

Other party's insurer may take their time to investigate the claim, dependent on who's doing your case on that side.

 

If claim is small, other party's insurer may want to settle fast, no fight.

 

If claim is big, other party's insurer may decide to fight in court, if not to dispute the claim, then to dispute the quantum.

 

If other party's insurer tells the other party they're going to settle, but the other fella decide to waive the insurer of responsibility and take up the case on his own, then can also drag long long time.

 

There have been bros who have had clear cut cases drag years. And those who have had theirs settled very quickly.

 

Best is to check with your lawyer every now and then, see what the progress of the case is.

 

If the other dude wants to cook up a story, he would have done so already. Think about it, if he keep coming up with new stories that differ from his IDAC report, then, better for you no? Inconsistency on his part.

 

E.g. I got into an accident, my claims took 3mths from start to end. My bro also kena accident, similarly, other party admit full responsibility, no dispute, took 6mths. His injuries lesser than mine, same lawyer.

[crazydj]

Oh okay. Thanks ah bro...

[epk]

insurance claims usually take quite a while, especially with TP involved. I got my $20k payout only after one and a half years since the accident. and that is considered quite fast already.

[crazydj]

If no TP involved?