Accident Compensation

[helpmeplz]

Hi Bro and Sis in SBF

 

Last year I was involved in a motorbike accident at a cross junction. I was going straight with green light in my favour, and was knock at the side by a car which is in the opposite direction turning right.

 

Got open fracture on my shin ( bone broken into 3 parts ) and was hospitalized for 1 months+. There was a malay teenage guy who came to me, and call my bro at the scene. But he was unwilling to be my witness.

 

Recently my lawyer called, and said that the other party will settle for a 50-50 compensation. Total amt arount 10k.

 

Now I am caught in a dilemma, should I make do with the 50-50 compensation? Or should I ask for 80-20 or even 100? As I know Im not at fault, but sad to say not witness.

 

What are the consequences if I reject the 50-50 compensation, and appeal for a higher compensation?

 

Does NTUC third party offer accident claim i.e. medical expenses? or its only entirely repair expenses for bike?

 

Hope anyone with the knowlegde can enlight me.

 

Regards

[0401897D]

hi bro,

 

every decission has its risk.based on the 2 decision, things to consider are these

 

firstly,

 

if u take 50-50, u will cnfirm get the 50%

 

if u fight for more, u will got more than 50 or even less.

 

secondly,

if u take the 50-50, it also means that u are accepting 50% of the blame, it may work against u in ur next insurance renewal

 

if u fight for more, it means that u are totally not at fault or more than 50% of fault, if u get wat i mean.

 

3rdly,

 

u take the 50-50..u get cash faster

 

u fight for more, u will get it slower..proceedings and all

 

lastly,

 

how strong is ur case?? witness?? photos?? any street camera recording of ur accident??

 

how strong is their case?? i.e. how they put their werds in their report, do they have their own witness on their side??

 

thats all i can thing for now, hope it can help in making u the right choices.

 

"law" cant be break, but it can be bended..there are many perspectives to it..its all depends in how good the arguments is, to win the case...a good lawyer will try every way to make u win...

 

cheers

[arthur_chan]

if u're injured, i believe there's tp investigate, what's the verdict from tp?

 

ask ur lawyer, what r the chances they can fight for more? what did the other party's report says? insurance will usually do quick settlement by offering 50-50, if u're confirm is not ur fault, dont accept. good luck.

[edwardthy]

dun settle for 50-50. U are gg straight u have the right of way. that bugger is turning right and he hit you. Shoot him with your lawyer letter that you are demanding more damages than 50-50. good luck

[Constructicon]

I believe some of us had kena the same sh*t before.

My advice to you is to wait for the TP verdict.

 

I got into the same thing as you several years back. TP charged the f8cker in court and the compensation case was 80-20 in my favour.

Have patience, the TP verdict comes probably 6 months or more.

 

The compensation will cover:

1. Injuries (Pain & Suffering)

2. Loss of income.

3. Medical bills.

4. Future medical bills.

5. Bike repair.

6. Misc

 

If i were you, I will not settle for 50-50.

 

Rest well and best of luck!

[CyBerKnighT]

I believe some of us had kena the same sh*t before.

My advice to you is to wait for the TP verdict.

 

I got into the same thing as you several years back. TP charged the f8cker in court and the compensation case was 80-20 in my favour.

Have patience, the TP verdict comes probably 6 months or more.

 

The compensation will cover:

1. Injuries (Pain & Suffering)

2. Loss of income.

3. Medical bills.

4. Future medical bills.

5. Bike repair.

6. Misc

 

If i were you, I will not settle for 50-50.

 

Rest well and best of luck!

 

Wah! 6 months or more? Meaning to say that your bike shop claim the cost of repair thru the insurer of the party?

[arthur_chan]

Wah! 6 months or more? Meaning to say that your bike shop claim the cost of repair thru the insurer of the party?

 

depend on the workshop, mine did a basic fixup so that i can ride while waiting for the final verdict. they will do a full fix on every damage/scratch once the insurance finished their investigation. its a suspected drink/drive case. what's more, i dont have to fork out a single cent, all absorbed by workshop, cos it's a sure win case. so it's ugly atm, but i just bear with it.

 

to my last experience, tp result will be out in 2-4 weeks once they interviewed both sides. however insurance might/might not depend on tp result.

[helpmeplz]

Thanks all bros for the feedback. The accident happen last June. Until now no verdict from the tp. According to my lawyer, since there r no eye witness, and thus, tp might not be able to justify that the driver is at fault. Perhaps tp might slap him with a fine or demerits point for

Falling to keep a look out, however it will not have much influences on the judge decision to decide who is at fault.. Therefore he advice me to settle on the 50-50 offer, to avoid loss, should I lose the appeal.

 

I'm sure I did not break any red light, and if I do, there is a red light camera.. I've called my tp io a couple of time. Every time the reply was, "still investigating". Darn

[arthur_chan]

so have ur lawyers gone to court n judge gave the verdict of 50-50? or was the 50-50 by insurance?

i would suggest if u're not urging for cash just tell ur lawyers that u want to wait for tp's verdict.

[helpmeplz]

so have ur lawyers gone to court n judge gave the verdict of 50-50? or was the 50-50 by insurance?

i would suggest if u're not urging for cash just tell ur lawyers that u want to wait for tp's verdict.

 

Was told by the lawyer that the judge gave 50-50 verdict. And the next hearing is on the 11 of may. So my lawyer suggested me to come with my decision at the end of this week. Stresses.

[FB666Y]

Not sure what the lawyer has been telling you - check with him again. Insurance cases rarely go to court, and even if they did, the judge will wait for the TP report.

 

Make sure the lawyer is working for you and not his fee.

[0401897D]

Was told by the lawyer that the judge gave 50-50 verdict. And the next hearing is on the 11 of may. So my lawyer suggested me to come with my decision at the end of this week. Stresses.

 

Not sure what the lawyer has been telling you - check with him again. Insurance cases rarely go to court, and even if they did, the judge will wait for the TP report.

 

Make sure the lawyer is working for you and not his fee.

 

true of wat FB666Y said on the process of court. i'm not judging the lawyer credibility here. but as a good lawyer handling ur case (client lawyer's relationship), if the case has been brought to court, he would have explain to u wat happen in court, albeit briefly. I.e. wat are the facts that the decision of the judge is based on. or he will hav at least inform u of the court dates.

 

on a seperate note, if say the judge had already make an order 50-50, the next hearing is to see "whether u want to appeal or not." it can be "appeal on the facts" or "appeal on the liability". i dun want to confuse u further, its best u meet up wif ur lawyer and ask him everything from basic..he is paid to do that.

 

cheers

[arthur_chan]

Was told by the lawyer that the judge gave 50-50 verdict. And the next hearing is on the 11 of may. So my lawyer suggested me to come with my decision at the end of this week. Stresses.

 

tell ur lawyer that u want to delay ur decision to wait for tp result. make sure to tell ur lawyer that u're not contesting against the verdict yet, aka it's not an appeal. also make sure that there will not be additional cost being involved. u'll need to speak to ur lawyer personally n settle it.

Not sure what the lawyer has been telling you - check with him again. Insurance cases rarely go to court, and even if they did, the judge will wait for the TP report.

 

Make sure the lawyer is working for you and not his fee.

 

all claims might involve lawyer unless directly claim. injury cases confirm go to lawyer, cos nobody but lawyer can really justify how much to claim.

[FB666Y]

There is now a cottage industry with ambulance chasing lawyers. I'm sure a lot of riders have benefitted from their services. Even the bike shops are coming out with novel ideas to get into the act. While all this is legal there are too many grey areas where the bike shops and lawyers end with a free lunch on our expense.

 

Part of the problem has also been most accident victims, in this forum riders, are often misinformed or misguided. There are so many threads on this forum asking for help for this accident or that accident. The best people would be the insurers themselves - NTUC, Mitsui or whomever, only they can give you the most concise information. The riders have a hands-off approach: "I got my lawyer, let him do the work." But somewhere between the legal process and the bike repairs we end up feeling like we have been taken for a ride.

 

The only way to prevent this is to take a more active role in the whole process - talking to the lawyers, the insurers, the shop. Make sure you have the repair bill, and all parts have been changed/repaired accordingly. Scrutinise the repair bill - costs shouldnt be overinflated, and repairs should be done to your satisfaction. There will be less hand-wringing and worry.

 

This thread is a case in point - the case is almost a year old, but there isn't anything much happening. I unfortunately have a very dim view of his lawyer, especially with the lawyer talk of courts and judges. Insurance cases rarely end in court, they have a whole gamut of processess to run through before they get to that stage.

 

I cant agree with arthur chan stand that only lawyers can justify the claim. To illustrate - my last accident was in 2000. I ran broadside into a car turning from Holland Road into a side road. The driver made the usual noises - didnt see me, I was speeding, etc etc. I didnt really bother with his nonsense. I made a police report, informed NTUC and called his insurers the next day and informed them about it. Typically there were clueless - but I got assign an officer and decided to make his life difficult.

 

My R1 was towed to Southern and I told them no repairs whatsoever without my go-ahead. Eventually it turned out the frame was bent and the bike was declared a total loss. I spoke to the insurers and they tried to smoke me with their usual nonsense - we have to assign fault, etc etc. But I kept at it, I called my officer everyday for a month - he was quite sick of me, trust me. When I couldnt get hold of him because he was hiding from me I went to their offices in town. They eventually got tired of me and paid the bike in full within 3 months of the accident.

 

As for my injuries I took pictures of my helmet and jacket that were destroyed and kept all my cab receipts. I tore my leg knee ligament, the acl, when I flew over the car and landed on my left knee. I got the report from the doctor, and gave it to the insurers along with all the medical receipts, the cab receipts - the lot. I had the claim sorted out within four months of the accident. They gave me a sum I thought was fair (doesnt include the total cost of the bike that they had already paid for) and the whole case was done and dusted in a total of 5 months. Best of all no lawyers got a cut of the claim. No shop got a cut out of the claim. Up till now I have no idea what became of the police report.

[Double Brotherz]

if TP IO has confirmed that u are not at fault, fight for 100% bro.. dont give up or give in to them...

[hydrop]

There is now a cottage industry with ambulance chasing lawyers. I'm sure a lot of riders have benefitted from their services. Even the bike shops are coming out with novel ideas to get into the act. While all this is legal there are too many grey areas where the bike shops and lawyers end with a free lunch on our expense.

 

Part of the problem has also been most accident victims, in this forum riders, are often misinformed or misguided. There are so many threads on this forum asking for help for this accident or that accident. The best people would be the insurers themselves - NTUC, Mitsui or whomever, only they can give you the most concise information. The riders have a hands-off approach: "I got my lawyer, let him do the work." But somewhere between the legal process and the bike repairs we end up feeling like we have been taken for a ride.

 

The only way to prevent this is to take a more active role in the whole process - talking to the lawyers, the insurers, the shop. Make sure you have the repair bill, and all parts have been changed/repaired accordingly. Scrutinise the repair bill - costs shouldnt be overinflated, and repairs should be done to your satisfaction. There will be less hand-wringing and worry.

 

This thread is a case in point - the case is almost a year old, but there isn't anything much happening. I unfortunately have a very dim view of his lawyer, especially with the lawyer talk of courts and judges. Insurance cases rarely end in court, they have a whole gamut of processess to run through before they get to that stage.

 

I cant agree with arthur chan stand that only lawyers can justify the claim. To illustrate - my last accident was in 2000. I ran broadside into a car turning from Holland Road into a side road. The driver made the usual noises - didnt see me, I was speeding, etc etc. I didnt really bother with his nonsense. I made a police report, informed NTUC and called his insurers the next day and informed them about it. Typically there were clueless - but I got assign an officer and decided to make his life difficult.

 

My R1 was towed to Southern and I told them no repairs whatsoever without my go-ahead. Eventually it turned out the frame was bent and the bike was declared a total loss. I spoke to the insurers and they tried to smoke me with their usual nonsense - we have to assign fault, etc etc. But I kept at it, I called my officer everyday for a month - he was quite sick of me, trust me. When I couldnt get hold of him because he was hiding from me I went to their offices in town. They eventually got tired of me and paid the bike in full within 3 months of the accident.

 

As for my injuries I took pictures of my helmet and jacket that were destroyed and kept all my cab receipts. I tore my leg knee ligament, the acl, when I flew over the car and landed on my left knee. I got the report from the doctor, and gave it to the insurers along with all the medical receipts, the cab receipts - the lot. I had the claim sorted out within four months of the accident. They gave me a sum I thought was fair (doesnt include the total cost of the bike that they had already paid for) and the whole case was done and dusted in a total of 5 months. Best of all no lawyers got a cut of the claim. No shop got a cut out of the claim. Up till now I have no idea what became of the police report.

 

Waa...must learn from you. Stupid L plate car on the opposite traffic crossed the double white line and buang headon to my R1 3 weeks ago. My first accident...dunno what to do also. Left everything to the shop and its appointed lawyer.

[arthur_chan]

@FB666Y, nice info u got there. possible to pm me which workshop u worked with?