Bike Accident compensation - advice needed

[harni]

hi all,

hope someone can advice me about bike claims,

 

date of accident: 10/10/2005

 

serious delocation on his foot ( only injury becos he leg was in between the clutch when he hit the taxi)

 

MC from 10/10/2005 to 10/01/2007 ( total of 15 mth mc)

 

 

last year, my brother have a bike accident with a taxi. my brother bike was moving straight , then the taxi suddenly dash in from opposite road. lucky when the accident happen, got a police car follow behind so got witness. (Heard from my friend, taxi driver r very tricky, will do anything to protect themselves)TP have issue summon to the taxi driver for reckless drving.... my brother is recovering but the doctor said he leg wont be 100% like last time, maybe 90% or 80% or less ???? he can only walk at the moment, but no sport until dont know when.............

 

my brother said he leave to his motor-tiam to do the claims for him. motortiam said his case is sure win de but dont know must wait how long for the claim. they said should be other 8 mths time then can get claims.....

 

 

i have some questions that need the bikers here for advice, i understand he can claim for loss of income, pain n suffering, medical bills. motortiam said should be ard 40k for my brother case.

 

A) my brother cant go back to his old job as he work in banquet, need to walk around for long hours, he can only walk for max 3hrs now.

 

B) no more sport for him, like badminton, running. he used to do sport every 3days.

 

C) he like his old job but now he can only settle for those office job whick he dont like.

 

D) consider the side effect in futhur, old people got a lot of problem from their past injuries....

 

E) my brother mc for 15mth. lucky i support him with my allowance. my brother earn around $1.8k monthly. can i assume he get back around 80% of his loss income???? correct me if wrong because i not very sure.

15mth x $1800 x 0.8 = $21600

for this already 21k.

 

F) medical bills ard $5k

 

G) pain n suffering ???? how to claim, can advice??? he have 2 operation. 1st is insert 2 screws on his foot bones. 2nd is to pull out the screw from the bone. this 2 operation is very painful.

 

H) estimated he can only regain around 80% of recovery. doctor said wont be 100% because it serious delocation.

 

I) did i lose out any thing????

 

from the points above , i think 40k is too less. my brother now havent get to see his lawyer as everything is settle throught his motortiam.

 

Can i ask if the compensation is really $40k or less, should my brother accept????

 

should he just leave everything to his motortiam n just wait for claims???

 

what can he do now???

 

 

SoRRy for the long story. hope that someone here can help me. i dont want my brother lose out again. thanks for reading my post.

 

[cArRotZ]

hmm i was claimed before. my ex gf claimed about 35k from my previous insurance company too. dislocation of her pelvis bone. and she's gotten e money liao. accident on 2Feb2005

 

hospitalised for 3 weeks and Mc for 3 mths.

 

Urm, first i help her to wrote in to my insurance company. Mitsui. Mitsui recommend her a lawer at chinatown area. So she went there with her mum and me. The lawyer goes, "one scar, $2k. blar blar blar." that time my gf was still in JC. no income compensation and whatsoever. Hospitalisation bills only 3kplus. She didn't undergo operation too.

 

Therefore i urge you to bring ya bro to the taxi's insurance company to lodge (if you haven't made). dun leave to motordiam. I believe IDAC already took pics and stuff to quote your bike damages and stuff rite. So i guess u just go down to the insurance company and den get them to refer u to their lawyer partner. Hope this helps.

 

Judging and comparing with the above accident, i believe your bro should be compensated more.

[harni]

Hi cArRotZ,

 

i also think the claims too little. thanks for sharing yr info because i first time so not very confidence. now at least i got a better understanding of the claims.

 

:cheeky:

[shahrul_azmil3]

too little ....

 

should ask more ....

 

my close fren's parents meet with and accident ....

 

the mother pillion .... the father rider .... hit another biker ...

 

lucky for them it's the other biker in the wrong

 

to what i know ....

 

the mother for herself claims is about $15 000 +++

 

but she juz minor injury no permanent stuff ......

 

so serious ly ... 40 k not enough bro .....

[WingZer0]

get a lawyer bro...don't trust motodiams...

[cArRotZ]

  Quote

Originally posted by WingZer0@Dec 7 2006, 10:18 AM

get a lawyer bro...don't trust motodiams...

yup. get a lawyer. 1 year plus liao still waiting arh. i think better go get ya lawyer.

 

or u can just sit down with a lawyer and seek advice. i think $30 to $40 only.

[mudman]

  Quote

Originally posted by cArRotZ@Dec 7 2006, 03:33 AM

hmm i was claimed before. my ex gf claimed about 35k from my previous insurance company too. dislocation of her pelvis bone. and she's gotten e money liao. accident on 2Feb2005

 

hospitalised for 3 weeks and Mc for 3 mths.

 

Urm, first i help her to wrote in to my insurance company. Mitsui. Mitsui recommend her a lawer at chinatown area. So she went there with her mum and me. The lawyer goes, "one scar, $2k. blar blar blar." that time my gf was still in JC. no income compensation and whatsoever. Hospitalisation bills only 3kplus. She didn't undergo operation too.

 

Therefore i urge you to bring ya bro to the taxi's insurance company to lodge (if you haven't made). dun leave to motordiam. I believe IDAC already took pics and stuff to quote your bike damages and stuff rite. So i guess u just go down to the insurance company and den get them to refer u to their lawyer partner. Hope this helps.

 

Judging and comparing with the above accident, i believe your bro should be compensated more.

Harni bro, u should heed carotz advice..........go to a lawyer and work together with ur insurance company ....motordiam sure wan to eat abit here and there de!!!dun trust them

[harni]

thanks shahrul n windzer0 for added infomation.

 

lidat i tell my brother's motortiam next week, i n my brother want to meet his lawyer who is in-charge of the case. issit ok???

 

any problem then i go other law firm check????

lidat the cost is under ours.

 

i dont wish my brother under compensate because i know once my brother sign under the dotted line due to his ignorance. he cannot claim anymore if that is any disputes....

 

that why when my brother tell me can claim around 40K for his 15mth mc n injuries.....

 

i think quite unfair. i worry that motortiam scam my brother or didnt find a good lawyer to fight a sure win case n anyhow settle for claims....

 

thanks carrotz for following up my thread.

 

:cheer:

[harni]

thanks mudman for added infomation.

 

:sweat:

[harni]

sorry to add on,

 

from wat i know the motortiam already engage a lawyer last year, motortiam have gotten 3 medical report now waiting for final report since his mc is going to finish next month.

 

motortiam tell my brother for serious injury must wait for at leat 14mth then can start to claims.

 

just nice now 14mth liao, can start to proceed......

 

i wonder if victim is the breadwinner, then how???? how many singaporean can rest for 14mths then start claim??? if we no money then will lose out because even sick, we still need to work for family. if next time got family, can we still continue riding.................

 

:cry:

[kennethy]

i think you better check the agreement with motorshop first.

 

cos i even made such claim before, the motorshop will appoint a lawyer to represent you. dun think your brother will have an option to choose which lawyer firm to go to.

 

at the end of the day, how much you manage to claim depends alot on the lawyers; both representing your brother and representing the taxi.

 

there is no hard and fast rule to the situation when it goes to the court, cos the taxi's laywer will try to say your brother have a part to play also and therefore, the taxi insurance should only pay a portion of the claim instead of the full claim.

 

your brother's lawyer on the other hand will have to prove that it is entirely the taxi's fault and how much sufferings your brother went thru in order to make as much claims as possible.

 

at the end of the day, the taxi's side will likely to make an offer to settle out of court, if you think the amount is ok then accept, if not, tell your lawyer to fight it our in court.

 

just for info, my case was a minor accident, outpatient treatment just abrasions, MC for 3 days. on top of all the bike repair cost and lawyer charge (yes, the lawyer firm will 'tax' a small percent of what you win), i still have about $2.7k in pocket.

[harni]

  Quote

Originally posted by mudman@Dec 7 2006, 04:03 PM

Harni bro, u should heed carotz advice..........go to a lawyer and work together with ur insurance company ....motordiam sure wan to eat abit here and there de!!!dun trust them

will motortiam tax my brother also???? can anyone advice???? lawyer tax my brother i can understand. or the other party pay for my brother lawyer fee. tax around how many %???

 

thanks kennethy for added advice.

 

i understand from my friends, taxi drivers are very tricky. will try to push the blame to my brother. but luckily there is a police car follow behind when accident happened. so i think the taxi driver wont try to be funny.

 

my brother also call the TP who is in-charge of my brother case. the officer said fines is issue to the taxi driver for reckless drving. motortiam also said they got the report from TP, that why they say sure win. got police as witness, should be ok.

 

thanks for this clear n good advice, will take note. nice!!!

 

really thanks everyone here who give me so many advices.

[TheOne]

Harni, I empathise with you. I just kena accident where my thigh was fractured. Now I cannot walk, also cannot earn income and I used to be the breadwinner of the family.

 

I got a lawyer at Chinatown to fight my case also. If you interested, I can PM you his contact. I'm not too sure whether at this point, you can proceed also. From what I understand, if you claim through motor-diam, they themself will also have a lawyer which will help to handle all these cases. Maybe you should speak to the lawyer directly to ask all your questions. Ask your motordiam for their contact.

 

Regarding the amount of money, I'm also not very sure. Some people tell me 10k, some people tell me 100k. I just hope this is not permanent so I can return to normal again. Hope your bro recovers soon too.

[bluelabel]

Just get a lawyer to settle all medical claims (except for de bike let motortiam do de claim for u)

 

Also dont use de motortiam lawyer ...... go get urself another lawyer (go find urself)

[harni]

thanks theone n bluelabel for added advice...

 

theone, u also take care. hope that u will get a very good recovery of yr thigh. my brother's doctor told him a injure part will never recover 100% like last time. hopefully 99.999999% for u.

 

since u r the breadwinner last time, u maybe eager to work to lesser the burden of the next breadwinner like my brother. the motortiam told my brother the insurance company may send a Private investigator to follow the victim movement. as we r claming for loss of income. they hope to catch the victim working during their MC, then they can slash the claims as much as possible.

 

the other important note is the insurance company may send a personnel to the victim house for private settlement. motortiam said dont accept or sign any paper. that kind of settlent sure lose out.

 

hopefully we can shared our experience in this thead then wont any mistake.

 

bluelabel, i guess my brother no choice liao, have to stick with motortiam lawyer, i remenber my brother sign on some paper that was given by motortiam. those paper should be authorization to motortiam's lawyer to handle my brother case. hope that the motortiam is a good one n have a good lawyer to handle the case.

 

:sian:

[TheOne]

OK, as far as I know, the motordiam will only process the repairs to the motorbike. Like if they repair your bike and it costs $1,000, they'll claim the $1,000 from the driver's insurance.

 

Then on top of that, you yourself need to be paid. That's where the lawyer comes in. There're 2 categories - Special and General Damages. Special refers to your motorbike repair costs, medical bills and other damages to your items caused by the crash (need receipts to prove). General Damages are mainly for your injury, like how much you need to be compensated.

 

From what I know, the lawyer will be paid mainly by the losing party in the court case. You'll also contribute a small portion of your compensation and this amount is dictated by the court. I'm not sure about the exact calculations but since yours is a sure-win case (with witness), I think your compensation side only need to pay max 1k to the lawyer.

 

I've done a lotta reading and searching through the Internet for reference amounts for various types of injuries and so far, this is about what I've gathered:

 

Abrasions - $1000-2500

Deep cut on shoulder requiring stitches - $4000

Fractured elbow - $12000

Fractured pelvis - $35000 (as mentioned somewhere in this thread)

 

For leg fracture (which includes thigh, shin, ankle), normally the compensation is the highest because the person is unable to walk for a long period of time. It's probably a minimum of $10,000 for a simple fracture that heals completely. Anything that's more complicated, the amount will be above this already.

[-sOnG-]

they will only hire P. I. s if you are doing a huge claims such as those 6 figures kind ..

 

So if u r doing a not so big claim .. pls dont get alarm and suspect every other person with sun glasses as P.I.s spying on u ..

[idun69]

  Quote

OK, as far as I know, the motordiam will only process the repairs to the motorbike. Like if they repair your bike and it costs $1,000, they'll claim the $1,000 from the driver's insurance.

 

Then on top of that, you yourself need to be paid. That's where the lawyer comes in. There're 2 categories - Special and General Damages. Special refers to your motorbike repair costs, medical bills and other damages to your items caused by the crash (need receipts to prove). General Damages are mainly for your injury, like how much you need to be compensated.

 

From what I know, the lawyer will be paid mainly by the losing party in the court case. You'll also contribute a small portion of your compensation and this amount is dictated by the court. I'm not sure about the exact calculations but since yours is a sure-win case (with witness), I think your compensation side only need to pay max 1k to the lawyer.

 

I've done a lotta reading and searching through the Internet for reference amounts for various types of injuries and so far, this is about what I've gathered:

 

Abrasions - $1000-2500

Deep cut on shoulder requiring stitches - $4000

Fractured elbow - $12000

Fractured pelvis - $35000 (as mentioned somewhere in this thread)

 

For leg fracture (which includes thigh, shin, ankle), normally the compensation is the highest because the person is unable to walk for a long period of time. It's probably a minimum of $10,000 for a simple fracture that heals completely. Anything that's more complicated, the amount will be above this already.

 

hey bro which website u go 2 check out da injuries??

[contrarian]

may i suggest that you can do this:

 

1. talk to the lawyer who is representing your brother. this lawyer has been engaged by the shop to represent your brother. it's important for the solicitor to meet the client so that the client can get advice on his case and the strengths of it.

all these questions that you're asking can be answered by your lawyer.

 

2. if your lawyer tries to avoid meeting you at all, then warn him that this is cause to complain to the Law Society for inadequate professional services.

 

3. if you want to hire your own lawyer, you can do so by discharging the first lawyer. however you don't need to do this if you've spoken to him and understood your case and he's competent at handling personal injuries cases.

 

4. try to avoid benchmarking your own losses to anyone else's case. why?

the loss suffered by each individual is different. someone who suffers future and current loss of earnings will have different claims amounts for the same injury because they earn different amounts.

however claims for items like pain & suffering will generally follow a benchmark for all kinds of claimants.

 

 

there are two main things to determine:

a. what your brother's loss is in monetary terms - this includes the various types of special and general damages

here you need to be good at record keeping for the expenses that you've incurred (the special damages), and quantifying the extent of the injury (for the general damages).

the claim for the long term or permanent injury should be taken up after several months because you need a medical assessment to see if there are any undetected problems. that's why they told you to avoid rushing a claim early.

 

b. what percentage of liability is shared between the two motorists

this depends on the circumstances of the accident and the evidence

 

 

don't delay your claim much more. you only have three years from the time of the injury to make a claim or else you lose the right.

 

please talk to your lawyers soon. don't accept any settlement until you get legal advice and medical advice first because there's a chance of a long term injury.

[TheOne]

  Quote

Originally posted by idun69@Dec 11 2006, 08:31 AM

hey bro which website u go 2 check out da injuries??

Idun69 > I have some friends who got into accidents before, so I asked them. I also PM-ed some guys here in the forums who previously had serious accidents and got the rough figure.

 

What Contrarian said is right, the amount varies depending on what you're working as, how long you're off work, whether the injuries are permanent. Whatever I stated is just a guideline for people. I hope more will come forward to share their injuries and claim amounts (for just the Pain & Suffering compoenent alone) so accident victims can know roughly what to expect.

[idun69]

ouh ok... hey i myself still waiting for my claims man... suffered 2nd degree burns and twisted my knee... but the problem now is im currently unemployed bcoz i juz ord... so how r they going 2 compensate me now for lost of income??

[teng_fred]

  Quote

Originally posted by idun69@Dec 12 2006, 01:08 PM

ouh ok... hey i myself still waiting for my claims man... suffered 2nd degree burns and twisted my knee... but the problem now is im currently unemployed bcoz i juz ord... so how r they going 2 compensate me now for lost of income??

Bro, when did it happen? During NS day or what? Claims for lost of income might not get it cos u got no job in hand yet but i think u can claim for future income base on your qualification.. ask the lawyer lor.. Good luck and take care.

[idun69]

  Quote

Bro, when did it happen? During NS day or what? Claims for lost of income might not get it cos u got no job in hand yet but i think u can claim for future income base on your qualification.. ask the lawyer lor.. Good luck and take care.

  Quote

 

yah dude... 3 wks b4 i ORD...

[teng_fred]

  Quote

Originally posted by idun69@Dec 12 2006, 09:42 PM

  Quote

Bro, when did it happen? During NS day or what? Claims for lost of income might not get it cos u got no job in hand yet but i think u can claim for future income base on your qualification.. ask the lawyer lor.. Good luck and take care.

  Quote

 

yah dude... 3 wks b4 i ORD...

If it's 3 weeks before ORD, is it during work that cause it or it's otherwise? Cos from what I know if u are injury during service, SAF will pay u.. But if it's not, then get a lawyer to sue the party that cause it.. Good luck...

[Aldric]

  Quote

Originally posted by TheOne@Dec 11 2006, 02:13 AM

OK, as far as I know, the motordiam will only process the repairs to the motorbike. Like if they repair your bike and it costs $1,000, they'll claim the $1,000 from the driver's insurance.

 

Then on top of that, you yourself need to be paid. That's where the lawyer comes in. There're 2 categories - Special and General Damages. Special refers to your motorbike repair costs, medical bills and other damages to your items caused by the crash (need receipts to prove). General Damages are mainly for your injury, like how much you need to be compensated.

 

From what I know, the lawyer will be paid mainly by the losing party in the court case. You'll also contribute a small portion of your compensation and this amount is dictated by the court. I'm not sure about the exact calculations but since yours is a sure-win case (with witness), I think your compensation side only need to pay max 1k to the lawyer.

 

I've done a lotta reading and searching through the Internet for reference amounts for various types of injuries and so far, this is about what I've gathered:

 

Abrasions - $1000-2500

Deep cut on shoulder requiring stitches - $4000

Fractured elbow - $12000

Fractured pelvis - $35000 (as mentioned somewhere in this thread)

 

For leg fracture (which includes thigh, shin, ankle), normally the compensation is the highest because the person is unable to walk for a long period of time. It's probably a minimum of $10,000 for a simple fracture that heals completely. Anything that's more complicated, the amount will be above this already.

bro since u do alot of read up right .. i recently also kana accident

amber light i slow down and stop left leg foot on ground then the car hitted me on my rear... suffering from minor fracture which u mention at least 10k , left knee ligament tear , and bruise here and there .. u know how much will it compensate for my knee as the knee gave me a lot of problem .. i even slipped at home and further injured my left knee and was send to hospital by ambulance .. worst of all now my dad want me to stop riding .. i cant imagine without a transport .. yet car is too heavy for me to support it ..