Bike Accident compensation - advice needed

[contrarian]

Originally posted by adr77@March 25, 2007 03:09 pm

Thanks for your reminder n I called up my lawyer b4 CNY. Found out that they r really passively waiting for X-mas. Oni wen I called up then they start asking me 4 this n that doc/photo, n oso hav to tell them to claim for me the loss of income (thought they shld auto do it, seems i assume too much). Is there anyway to justify loss of expected bonus? Mine was badly affected n my mgr told me frankly my hopitalisation leave was the cause..

 

After my third call then found out that the insurance (the other party) agreed to settle this case for 8K. The lawyer felt this was too little (which I felt too) to cover all the expenses when my medical expenses up to date was already 2K+. Seems strange, need to call before they update u on the progress. So they advise me to hang on n they will arrange an independant specialist to access my ankle. Think will be another half a yr to go before more progress is made:sian:

 

Fellow mates, pls do not follow my footstep in assuming that lawyers will do their best for your case. They really tend to sidestep your case (peanuts to them?) unless u check constanly on their progress.

Many lawyers don't want to drag their cases longer than needed because if they close their cases, they can get cash payment for their fees. Leaving cases open leaves work done with no cash inflow.

 

It all depends how good your lawyer and his assistants are at adminstration and case management. If they can't manage the case load properly then be alert and stay on top of your case. That's why you must always make sure that your lawyer is experienced in handling personal injuries cases as well as good at managing the progress of the case.

 

Ask your lawyer how to quantify damages for loss of bonus. You could try to claim under loss of past earnings but you'd have to prove it.

 

On the matter of the offer to settle being too low, "feeling" is not a good gauge. You need to quantify the damages that you're claiming. From your description, it seems that this hasn't been done and that's why your offer to settle was low. Get down to calculating each item of damages - like loss of earnings, past medical expenses, future medical expenses, other property damage...

[-sOnG-]

Originally posted by ~FieryGiX~@March 16, 2007 10:20 pm

No I have not got my claim yet.

 

Yes, if account for the other things I mentioned, the claim will be more.

 

I had the accident on March 2005.

 

I made a mistake of telling the Lawyer to take his time..Never tel your lawyer to take him time..cos he will just throw your file aside.

 

I am now awaiting a medical review from NUH by those lousy specialist who keep insisting everything is okay...

 

My laywer gave me an initial quote of 40- 50k on my injuries & my friend got 30k just for a fracture ankle.

I cant help to notice but ur case like 2 yrs liao .. still no concrete settlement?

 

Mine was over in a year and a month's time ..

 

My whole leg was torn apart , yes , literally torn open, needed 43 stitches (with a major and minor fracture) , toes can't "grip" on items like towel , and the amount i was told didnt even warrant to ur friends "fracture ankle" , mine wasn't that close ..

 

Pls don't ask me the amount, i can only say i rather they take back that $ and give me back my left foot in its pristine condition.

[TheOne]

My police report is out. The other party has pleaded guilty to INCONSIDERATE DRIVING and was slapped with a $800 fine and 2 months disqualification. Guess that's probably the norm for such cases.

 

On the lawyer front, nothing much is going on, but I'm not really in need of cash or anything so I'm not really pushing for it to move faster. All the best to all injured bros here, hope your recovery will be faster!

[contrarian]

Originally posted by TheOne@April 03, 2007 06:06 pm

My police report is out. The other party has pleaded guilty to INCONSIDERATE DRIVING and was slapped with a $800 fine and 2 months disqualification. Guess that's probably the norm for such cases.

 

On the lawyer front, nothing much is going on, but I'm not really in need of cash or anything so I'm not really pushing for it to move faster. All the best to all injured bros here, hope your recovery will be faster!

Wow your case looks to be reasonably good then. Suspensions are not usual for traffic accidents.

 

Perhaps you'll have an easier time agreeing on the percentage of liability. If so, then you only have to wrap up quantifying your damages claim and you should be able to proceed. Close your case early so that you don't have it outstanding.

[teng_fred]

Y am I waiting for so long for the police report? It's been 6 months since my accident and I still got no news!!! Should I be calling the IO to check?

[harni]

Originally posted by teng_fred@April 09, 2007 09:11 am

Y am I waiting for so long for the police report? It's been 6 months since my accident and I still got no news!!! Should I be calling the IO to check?

 

I think u better call and check with your IO. Ask them what the outcome is or must wait around how long for the investigation of the accident. ASKED FOR BLACK AND WHITE

 

1 year ago, my brother call and check with his IO about his case. The IO said. After investigation, the driver will be charge for reckless driving. Then my brother takes her words. And my brother takes his time and wait for the report in black and white.

 

Until recently my brother calls again for the letter for the investigation. The same IO now said that the driver was only issued with a warning after the investigation. My brother asked the IO why only a warning????

 

The IO replies and said, WHY??? AFTER THE INVESTIGATION LOR!!!

 

My brother checked with his lawyer because the lawyer also has a copy of the other party police report. The taxi driver twists his word. He said the 3 lane is congested and he has the right of way.

 

Now my brother also doesn’t know what to do liao because TP is the law mah. Although it very unfair for my brother but there is noting much we can do. Until now my brother is still limping with his injury. The punishment for the driver is too light that caused my brother so much suffering. The doctor said the my brother may have to limp for the rest of his life.

 

 

 

I hope that u will be pro-active. Always ask for update.

 

 

:cheer:

[harni]

Attached is my brother accident.

[FieryGiX]

Another piece of advice for accident claims.

 

Local Government hospital specialist tend to be very conservative in their examinations. (I queued about 1 hr to see the doctor but was out of the room in 10 mins)

 

For more thorough examination and diagnose, proceed to private hospital like Gleneagles. The specialist there are more than willing to check for loss of movement, degree of disability and other stuff which can be more important for an insurance claim.

 

Hope this helps

[slowrider]

Originally posted by harni@April 09, 2007 10:49 am

Attached is my brother accident.

The fact shown from your diagram depicting the supposed accident between your brother and the vehicle shows that the TP was right.

 

Although the vehicle turning right was supposed to 'give way' to the straight going, on-coming traffic , the driver's view was obstructed by the vehicle stopping just behind the yellow box.

 

If the biker was keeping a proper look out and not speeding, he will be the first to see the vehicle attempting to make a right turn AND THE BIKER WOULD SLOW DOWN AND LET THE VEHICLE MAKING THE TURN PASS THRU.

 

There is NO hard and fast rules to say who should give way to whom. IF YOU DO NOT WANT TO LAND UP IN A SAD STATE THEN PLEASE DO NOT TRY TO CLAIM THAT YOUR RIGHT OF WAY WAS WRONGLY INFRINGED UPON.

 

Unless you want lawyers to have a field day and be laughing all the way to the banks, giving way and slowing down when using the roads is definitely a better option in any given day!

[harni]

Originally posted by slowrider@April 23, 2007 10:44 am

The fact shown from your diagram depicting the supposed accident between your brother and the vehicle shows that the TP was right.

 

Although the vehicle turning right was supposed to 'give way' to the straight going, on-coming traffic , the driver's view was obstructed by the vehicle stopping just behind the yellow box.

 

If the biker was keeping a proper look out and not speeding, he will be the first to see the vehicle attempting to make a right turn AND THE BIKER WOULD SLOW DOWN AND LET THE VEHICLE MAKING THE TURN PASS THRU.

 

There is NO hard and fast rules to say who should give way to whom. IF YOU DO NOT WANT TO LAND UP IN A SAD STATE THEN PLEASE DO NOT TRY TO CLAIM THAT YOUR RIGHT OF WAY WAS WRONGLY INFRINGED UPON.

 

Unless you want lawyers to have a field day and be laughing all the way to the banks, giving way and slowing down when using the roads is definitely a better option in any given day!

Please understand that if i was speeding, does u think i can escape with just a dislocation of my foot that even TTSH was unable to notice in my first visit???

 

I am riding with caution and the speed was kept within the 50km/hr. Kindly note that there is no traffic light, u think i should ride at what speed on the straight road???

 

I hope u understand that the taxi stopped at the divider that why I proceed along. But suddenly he just dashed in. What I can do is only e-brake but my foot was hit between the clutch and foot rest which result in dislocation. Although my view was partially blocked by the bus but I can see his vehicle front was stopped. I believe from his driver seat he may not saw me.

 

I understand the driver's view was obstructed by the vehicle stopping just behind the yellow box. If he can’t see, do u think he should at least drive outward abit first to do safety check before proceed.

 

I didn’t say that the TP decision was wrong for giving him a stern warning in careless driving.

 

But the problem is that the taxi driver twists his words and said that the 3 lanes were congested. Which mean he has the right of way as he was in the yellow box. My brother is just advising tend fred to be more pro-active to check for updates from his IO. At least if any problem crops up, it easier to find evidence.

 

I am trying to find the 2 policeman who driving on the same road to proved that the first and second lane was not congested. Why only third lane was congested was because right turn is to Orchard. And that time is around 8.30am when people rushing to work.

 

But it not easy because so long liao and don’t know the police remembered or not. Even if remembered, will they help me??? So much trouble for nothing.

 

Due to my experience, the IO told me that they will charge the driver not warning 1 year ago. I don’t know what happened in-between but I believe the taxi driver appeal against it. And my case was closed but IO didn’t send me any letter until I call again this month. The IO requested for my insurance certificate. Within 1 week I received the black and white from them which I need it for my accident case.

 

I am just like tend fred, with no experience during accident time. We don’t know whether we should wait and see or always call up IO to check. Now I know, so we share our experience.

 

 

harni's brother

[contrarian]

Originally posted by harni@April 09, 2007 10:46 am

Now my brother also doesn’t know what to do liao because TP is the law mah. Although it very unfair for my brother but there is noting much we can do. Until now my brother is still limping with his injury. The punishment for the driver is too light that caused my brother so much suffering. The doctor said the my brother may have to limp for the rest of his life.

Actually, the TP is only the criminal law enforcement. Let's leave punitive aspects to the authorities.

 

The injury to your brother is a matter for compensation under civil law, which he still has his right to claim. I believe that this is still going ahead? Meet your lawyer again to consider the case. Consider the lawyer's advice on the civil case - on liability and on amount of damages.

 

I suppose the important thing is to get an opinion on what's the claimant's contributory negligence in this case, 20%, 30%, 50%??

 

See if the defendant makes an offer to settle. Or get legal advice on whether you want to consider making an offer to settle.

[harni]

The letter that TP sent to my brother that the taxi driver has been issued a stern warning for careless driving is good enough for his accident claim. As per his IO, A warning to the driver means that he is responsible for the accident.

 

My brother has checked with his lawyer. The lawyer said he can claim at least 80% for his case with the letter.

 

I have faith in our TP and any final decision by them. Maybe the TP are benevolent and give chance to others.

 

My brother is just upset that the taxi driver can get away with just a warning due to his lies. Nobody will feel good. If the driver acknowledges his mistake and the TP give him a chance. I got nothing to say. At least he is honest mah.

 

By sharing his experience, now the people who have been reading this thread know that anything can happen after the accident. Anyone may twist the facts to protect his ass.

 

Thanks contrarian. U seems to know a lot in Laws and always provide useful information for many bikers here. Kinda respect u……

 

 

:cheer:

[a reborn rider]

Where is the exact location of the accident? Is it Orchard by Tanglin? beside Tanglin Shopping Cnetre? To what i know, if there is no pocket for vehicles to to turn then they should be waiting behind the stop line for the arrow to appear.. My friend was involved in a similar accident and the other party was a taxi..

 

it took pretty long for the results from TP..as my friend queried, the IO told him that the taxi driver appealed numerous time causing the delay...some kind of delay tatic i guess... but finally he was slapped with a fine of $200 with 6 or 9 points....

[slowrider]

Originally posted by harni@April 24, 2007 06:03 pm

Please understand that if i was speeding, does u think i can escape with just a dislocation of my foot that even TTSH was unable to notice in my first visit???

 

I am riding with caution and the speed was kept within the 50km/hr. Kindly note that there is no traffic light, u think i should ride at what speed on the straight road???

 

I hope u understand that the taxi stopped at the divider that why I proceed along. But suddenly he just dashed in. What I can do is only e-brake but my foot was hit between the clutch and foot rest which result in dislocation. Although my view was partially blocked by the bus but I can see his vehicle front was stopped. I believe from his driver seat he may not saw me.

 

I understand the driver's view was obstructed by the vehicle stopping just behind the yellow box. If he can’t see, do u think he should at least drive outward abit first to do safety check before proceed.

 

I didn’t say that the TP decision was wrong for giving him a stern warning in careless driving.

 

But the problem is that the taxi driver twists his words and said that the 3 lanes were congested. Which mean he has the right of way as he was in the yellow box. My brother is just advising tend fred to be more pro-active to check for updates from his IO. At least if any problem crops up, it easier to find evidence.

 

I am trying to find the 2 policeman who driving on the same road to proved that the first and second lane was not congested. Why only third lane was congested was because right turn is to Orchard. And that time is around 8.30am when people rushing to work.

 

But it not easy because so long liao and don’t know the police remembered or not. Even if remembered, will they help me??? So much trouble for nothing.

 

Due to my experience, the IO told me that they will charge the driver not warning 1 year ago. I don’t know what happened in-between but I believe the taxi driver appeal against it. And my case was closed but IO didn’t send me any letter until I call again this month. The IO requested for my insurance certificate. Within 1 week I received the black and white from them which I need it for my accident case.

 

I am just like tend fred, with no experience during accident time. We don’t know whether we should wait and see or always call up IO to check. Now I know, so we share our experience.

 

 

harni's brother

Your long post in just harping on one point..THAT THE TAXI DRIVER SHOULD EXERCISE CAUTION WHEN APPROACHING AND MAKING A TURN WHILE BEING OBSTRUCTED BUT YOU DO NOT NEED TO APPROACH WITH CAUTION AS YOU ARE PROCEEDNG STRAIGHT AND HAS THE RIGHT OF WAY!

 

YEAH RIGHT!...

[slowrider]

DEAD RIGHT TO BE PRECISE!

 

You are on a bike while the other fella is covered with an armour of steel!

 

There are idiots like you posting on the after effects of an accident everyday in SBF...doesn't surprise me at all!

 

Your mentality is exactly the same with one that complains ( that is if he /she is still alive to post after the accident ) about being hit at a RIGHT turn junction scenerio. You are proceeding straight while the other fella ( which was supposed to be presumed to have good judgement by you ) was making the right turn!

 

BANG!.... you get hit while the lights was in your favour!

 

The simple message I was trying to convey was : you are supposed to avoid any other vehicle, pedestrain by exercising caution, defensive riding and evasive tactic when you are faced with a suituation.

 

You appiled neithier of the above.

 

And here you go...Blah..blah...about how your supposed 'accident' happened.

 

Good.

 

Hope you meet up with more ( accidents that is) or until you have gotten my message!

[harni]

Originally posted by slowrider@April 25, 2007 10:13 am

DEAD RIGHT TO BE PRECISE!

 

You are on a bike while the other fella is covered with an armour of steel!

 

There are idiots like you posting on the after effects of an accident everyday in SBF...doesn't surprise me at all!

 

Your mentality is exactly the same with one that complains ( that is if he /she is still alive to post after the accident ) about being hit at a RIGHT turn junction scenerio. You are proceeding straight while the other fella ( which was supposed to be presumed to have good judgement by you ) was making the right turn!

 

BANG!.... you get hit while the lights was in your favour!

 

The simple message I was trying to convey was : you are supposed to avoid any other vehicle, pedestrain by exercising caution, defensive riding and evasive tactic when you are faced with a suituation.

 

You appiled neithier of the above.

 

And here you go...Blah..blah...about how your supposed 'accident' happened.

 

Good.

 

Hope you meet up with more ( accidents that is) or until you have gotten my message!

Why is u so angry??? I don’t think u is right to call people idiots or cursing people. It really makes me wonder who u is. The taxi driver or someone related to him?

 

I guess I already explain clearly what happened for the accident. The taxi was in a stopped position that why I proceed along. Suddenly he just dashed in.

 

Does u believe in karma???

 

If you want to know the causes in your past life,

The way you live at present is the effect of your past life.

If you want to know what your future life will be,

What you do at present is the cause of your future life.

 

I will take note of your advice that whenever that is accident happen to bikers, we can only blame ourselves for being negligent.

 

I hope u keep this thread friendly and kindly refrain from all the name-calling and cursing.

 

Thanks and regards,

Harni's brother

[harni]

Originally posted by a reborn rider@April 24, 2007 11:10 pm

Where is the exact location of the accident? Is it Orchard by Tanglin? beside Tanglin Shopping Cnetre? To what i know, if there is no pocket for vehicles to to turn then they should be waiting behind the stop line for the arrow to appear.. My friend was involved in a similar accident and the other party was a taxi..

 

it took pretty long for the results from TP..as my friend queried, the IO told him that the taxi driver appealed numerous time causing the delay...some kind of delay tatic i guess... but finally he was slapped with a fine of $200 with 6 or 9 points....

Nope. I am riding along Thomson Road toward Novena MRT. Accident is near the Shell petrol station. Anyway cheers to your friend. At least the culprit got his rightful punishment and he will have an easier time to do his claim.

[TheOne]

What's wrong with slowrider? Don't be too haughty with your accident-free record; someday, even when it's entirely not your fault, you can still end up paying the price.

[teng_fred]

When things happen, any1 can say all sort of stories to protect themselves. You can say as bikers, we should be more careful. But even if we are careful, as long as the other party is not, an accident will happen.. It takes two hands to clap. So if we are careful and the other party is careful too, accident will be minimized or might not even happen at all. You tell me who in a right mind including yourself will stop in the middle of the road traveling straight to give way to a vehicle turning right or left. All I ask for some understanding is to be truthful in the report. When accidents happen, be truthful and all things will turn out well.. but then who or how many will do that.. Simple rule is always Give way to vehicles traveling on the straight road. JMHO

[teng_fred]

Oh yes, how long did u guys receive medical report from the GlenEagles Hospital? I went in mid-January and till last month which is around mid-April, my lawyer send me a letter stating that they didn't receive any report yet. What could be wrong? I feel that the doctor was unhappy with me when I was at the clinic that time. What's worse was that the doctor said he forget about my report. How can it be? He doesn't want to collect money meh? Funny isn't it?

[contrarian]

Originally posted by teng_fred@May 05, 2007 12:51 am

When things happen, any1 can say all sort of stories to protect themselves. You can say as bikers, we should be more careful. But even if we are careful, as long as the other party is not, an accident will happen.. It takes two hands to clap. So if we are careful and the other party is careful too, accident will be minimized or might not even happen at all. You tell me who in a right mind including yourself will stop in the middle of the road traveling straight to give way to a vehicle turning right or left. All I ask for some understanding is to be truthful in the report. When accidents happen, be truthful and all things will turn out well.. but then who or how many will do that.. Simple rule is always Give way to vehicles traveling on the straight road. JMHO

Much of the time, in any traffic accident, each party will believe that he was right and the other person was to blame. It's a matter of perspective and there are two sides to a story.

 

When you listen to one guy's story (which he can strongly believe), you'd think that the other motorist is entirely to blame... until you hear the other guy out.

 

I've seen a motorcylist said that another vehicle hit him on the right side and left him a tetraplegic. This was during very heavy rain.

 

The evidence in this case was extremely challenging, with the claimant and the passenger witness in the other vehicle changing stories multiple times. Only the defendant motorist had a consistent story.

 

Further evidence was available from the ambulance officer's report which contained a by-stander's account of how it happened.

 

Also, the police department’s vehicle damage report showed no damage to either the rear of the motorcycle or to the front of the taxi. There was however a slight scratch under the left wing mirror of the taxi. Because the imprint was semicircular in shape, it could have been caused by contact with the rear box of the motorcycle before the motorcycle fell onto its right side. In falling, the line the motorcycle drew on the taxi moved downwards in a semicircle.

 

On balance, the evidence led to the conclusion that the defendant didn't hit the claimant.

[contrarian]

These are some of the quotes from various judges in different cases:

 

"When two vehicles collide at a road intersection and the driver and rider of the vehicles each claiming the right of way, the court may never know what really happened. However, the court’s role is a less ambitious one, and that is, to decide which version of the competing stories was the more probable one."

 

"If sympathy alone was to be the determining factor in such claims, they would never be contested."

 

"The apportionment of contribution in accident cases can never be a precise or even accurate exercise. Generally, unless the evidence justified a finding that both parties were equally to blame, the court would have to determine as best as it could on the evidence of the particular case how serious the plaintiff’s conduct was in the contributing to the accident. The determination of the extent of contribution is not a determination of the cause of the accident. When an accident occurs, both parties must have met at the confluence of impact even though one or even both of them were not at all to blame.

It follows that where a court had determined that one party’s contributory negligence was, say 20%, it did not mean that that party caused 20% of the accident or that his action or conduct was 20% the cause of the accident, neither notion makes sense. Even the person whose contributory negligence was determined at 20% could have avoided the accident whether his contribution had been less or more. Hence, in terms of ascertaining what caused the accident, it had to be the conduct of both parties and from that perspective, the cause should be joint equally. But that often seems unfair. Why is that so? The answer is that superficially, some conduct appears more blameworthy than others. A man who drives a car at great speed and knocking down a pedestrian at a pedestrian crossing is deemed much more culpable than the pedestrian who, having seen the car coming at great speed, insists on his right of way at a pedestrian crossing even though the accident would have been avoided entirely had the pedestrian forfeited his right of way. When a court apportions contributory negligence, it is apportioning what it thinks were the blameworthiness for the accident, and any finding of that nature must depend on the circumstances of the individual case."

[harni]

Last time, I remembered when I am learning riding in 2003 in SSDC.

 

The instructors asked us 1 question.

 

Do you think riding is safe in Singapore????

 

Some said yes, some said no.

 

Then the instructors told us if not safe why u wants to learn riding???

 

I always used to boost that I am a safety rider because of my accident free record. I choose to ride a phantom because I think it safer and can’t really speed. I treasured my life, my family and my girlfriend. I always advise my friends to ride safe. As long as u is a safety rider, accident won’t come to you. But sad to say nothing is impossible.

 

Like what tend fred said, even if we are very safety rider, we can only minimized accident rate or might not even happen at all. Please don’t flame me. I understand different people got different opinion.

 

I think slowrider have the kind intention to warn us to be 100% focused, safety and vigilance on the road. But the more I try to explain seem to agitate him. Hope that he doesn’t take it too seriously and try to understand our feeling.

 

I hope that every fellow here is friendly and fun-loving person who shared their experience.

 

Compared to those taxi uncles, we are just like kids who really need help from all of u.

 

harni 's brother

[harni]

Originally posted by teng_fred@May 05, 2007 01:09 am

Oh yes, how long did u guys receive medical report from the GlenEagles Hospital? I went in mid-January and till last month which is around mid-April, my lawyer send me a letter stating that they didn't receive any report yet. What could be wrong? I feel that the doctor was unhappy with me when I was at the clinic that time. What's worse was that the doctor said he forget about my report. How can it be? He doesn't want to collect money meh? Funny isn't it?

Within 1 month after x-ray or bone scan…… This leaves it to your lawyer to request from the doctor. If doctor really forgot, then no choice must do it again lor. My lawyer pays for the bill for the check up in GlenEagles Hospital and it their duty to collect from them. I pay for the bills in TTSH but it also my lawyer duty to collect for me.

 

:sweat:

[teng_fred]

Originally posted by teng_fred@April 09, 2007 09:11 am

Y am I waiting for so long for the police report? It's been 6 months since my accident and I still got no news!!! Should I be calling the IO to check?

Guys.. so glad.. I just got the IO (finally after so many days). He told me will be charging the driver. Now waiting for hospital medical report, summarized and send him a court letter to attend court.