need advice urgently!! pls help me..

[integra_r]

Hi to all bros here..

 

recently kena accident, at a small road nead to a stop line.. car are Q-ing to turn left or right at this t junction.

 

i wanted to turn left.. so i slowly make my way on the left toward the junction.. suddenly the 2nd car.. passenger open the door.. and i hit on it and fell.

 

Now both of us are from NTUC, isit better to engage a lawyer? which i already did..

 

or leave to hkl.. cos the mech say they will settle for me.. without paying a single cent cos the repair fee they will claim from NTUC.. doing private settlement.

 

Which is a better choice?

 

My mc was 5 days by private clinic.. quotation for repair from hkl come up to 3k.

 

And i called up NTUC, they told me the other party(the car) of cos gt a little fault.

 

Pls advise me whether i need a lawyer for this? or i should cancel it?

 

thanks to all..

[QX]

bro since that HKL has promise to take care for you den i think just leave it to them lor... just take care bro...

[Hartholomew]

Hi Integra_r

 

There is a law in the Road Traffic Act that requires Drivers to be respnsible for their passengers when alighting. It states that the driver must ensure that it is safe for the door to be opened.

 

Also, it is the responsibility of the driver to stop close to the kerb, so that other road users, be it motorcycles, bicycles, pedestrians and the like cannot inadvertently slip through between the vehicle and the kerb. This is to prevent accidents like this happening. Many taxis have been booked for this offence in accident cases.

 

Opening door of vehicle without due care or consideration.

 

Explain this to the driver and go for a private settlement if he is genuine. Otherwise, make a report and a formal insurance claim. The most important thing is making sure the driver is not going to turn the story around and blame you instead.

 

Cheers,

 

Hartholomew Mamola

[tooned]

Was any pictures taken?

 

I have a question. If the driver was close to the curb but wide enough for a bike to lane split, would the rider have to take a portion of the responsibility?

[QX]

Was any pictures taken?

 

I have a question. If the driver was close to the curb but wide enough for a bike to lane split, would the rider have to take a portion of the responsibility?

 

Yes the rider need to take up portion of the blame...

[tooned]

Any idea what's the percentage like?

[Tooty]

Dear Mr Integra,

 

5 days MC ? Please make a formal traffic accident report at a nearby Police Post within 24hrs of the accident. Strange that your bike shop never inform you to lodge Police report. I believe the Insurance Companies will refer you to the Police when u try to make an Insurance claim.

 

 

 

Effective from 1 May 1999, motorists need only lodge a police accident report for 4 categories of motor accident cases:

 

injury case

non-injury case involving a government vehicle or damage to government property

non-injury case involving a foreign vehicle*

non-injury case involving a pedestrian or cyclist

* Foreign vehicles are defined as all vehicles registered in another country, all vehicles owned by visiting forces present in Singapore, all vehicles with USN or USG prefixes, and as a general rule, all vehicles insured by an insurance company not registered to transact general insurance business in Singapore.

 

Definition of Injury Accident

An injury accident is defined as one in which:

 

1) at least one party involved in the accident was conveyed to hospital from the accident scene by an ambulance; or

2) if conveyance to hospital was done through other transport, the party is subsequently hospitalised, or given outpatient medical leave* of 3 days or more; or

3) where no one was conveyed to hospital from the scene, latent injury had subsequently developed which entailed hospitalisation, or outpatient medical leave of 3 days or more.

Should your accident not fall under any of the above definitions then it is termed a non-injury motor accident and you will need to submit your details to your insurance company.

 

The insurance company will process the form and submit it to the GIA Records Management Centre.

 

* Medical leave must be granted by a medical practitioner who has been duly registered under the Medical Registration Act, Chapter 174.

 

Regards

[Tooty]

Tooned : hmm.. If the car was close enough to the curb, the space would not be wide enough for a bike to lane split.

 

It the bike can lane split, please refer to Hartholomew's message.

(Also, it is the responsibility of the driver to stop close to the kerb, so that other road users, be it motorcycles, bicycles, pedestrians and the like cannot inadvertently slip through between the vehicle and the kerb. This is to prevent accidents like this happening. Many taxis have been booked for this offence in accident cases.

)

 

I believe we riders ain't so stupid to die die squeeze through the left side of ONE car which halt in the middle of the road. We normally squeeze when many cars are queueing up for Traffic light/carpacks etc.

 

cheers =)

[integra_r]

ya bro. i did make a police report.. but it nv state who is right or wrong.. just a copy of the situation.

 

where can i find this law? which state e driver have to make sure it safe?

 

now ntuc call me sae the driver sae is i wrong.. so i'm not allow to claim for repair..

 

he sae is a 50 '/ 50.. and oso tat ntuc is able to come out with 1k for my repair.. so should i take e 1k? or still engage my lawyer?

 

anyway really thanks for the reply above.. thanks to all.. really appreciate that!

[integra_r]

oso tat no doubt is single lane.. but the car is position more to the right.. so for a rider to turn left.. i believe most of us will go thur.. will upload tat photo for u all as review!

 

and the ntuc say that due to single lane.. i was at fault too. i should stay behind car.. isit right?

 

cos is just a small road..

[integra_r]

 

have a look at the situation..

[Jacq]

Did the driver signal left? If he did, I think you should just take the 1K. It's a single lane and you should stay behind the car (in the name of law). Sorry to say but you are the cause of the accident even thou it's not 100%.

 

Wondering will the TP charge you for wrong positioning?

[Reese]

actually it mite not be the driver who is claiming u r at fault

high chance it is the insurance company itself claiming so in order not to pay

now NTUC left hand beat rite hand... either way oso lose... so mux try to lose as little as possible

[integra_r]

Did the driver signal left? If he did, I think you should just take the 1K. It's a single lane and you should stay behind the car (in the name of law). Sorry to say but you are the cause of the accident even thou it's not 100%.

 

Wondering will the TP charge you for wrong positioning?

 

 

funny la bro.. tp charge me? hai.. thanks for ur advise but not those unneccessary wan la.. diao..

 

he is waiting to turn left or right lo.. 2nd car liao le.. suddenly open the door.. and is open when the car is not near to the kerb?

[xarieo]

Did the driver signal left? If he did, I think you should just take the 1K. It's a single lane and you should stay behind the car (in the name of law). Sorry to say but you are the cause of the accident even thou it's not 100%.

 

Wondering will the TP charge you for wrong positioning?

 

(wanted to turn left.. so i slowly make my way on the left toward the junction.. suddenly the 2nd car.. passenger open the door..)

 

should it b hazard light to open the door....

[Jacq]

1st of all, lane split is wrong. plus if he already make his intention known by signal left (he mention he's waiting to make a left turn or right), then you dun have a strong case against the driver. Of coz, the driver is also at fault but you are not suppose to be there in the first place.

 

What I mean is, if you reject the offer from NTUC, you might end up with nothing or worse, having to pay the legel fee.

 

I'm not trying to make you feel worse for sure.

[Wankidal]

Am i right to say that he is not allowed to alight a passenger at that location?

[tooned]

I believe we riders ain't so stupid to die die squeeze through the left side of ONE car which halt in the middle of the road. We normally squeeze when many cars are queueing up for Traffic light/carpacks etc.

 

cheers =)

 

Hmm looking at the picture posted, I wouldn't use the word stupid, but why take the risk to save 10 seconds of your life?

 

Today it may be someone opening their door, tomorrow it may be driver turning without checking blind spot.

 

Practice defensive riding guys!

[Tooty]

Integra,

 

If u take the 1k, what about ur NCD? reset to 0?

 

Saying 50 50 is best for NTUC, both side lose ncd, both side need to fork out money if claim from NTUC.

 

Judging from the picture, I personally think the driver is wrong to alight a passenger there. Just because you are a motorcyle means you are at fault ? and if you are a cyclist you are not at fault ? I don't think the law works this way.

The driver never even on his hazard light to signal his intention to stop, prolly becoz he has no intention to.

 

What's the situation at HKL side ? after knowing ntuc judging this as 50 50, are they still taking the case ?

 

TP side not investigating ? strange.. thought its their case to follow up. Since there is an injured party to an extent, someone should be charged for careless/inconsiderate/dangerous right ?

 

Regards..

[Tooty]

Hmm looking at the picture posted, I wouldn't use the word stupid, but why take the risk to save 10 seconds of your life?

 

Today it may be someone opening their door, tomorrow it may be driver turning without checking blind spot.

 

Practice defensive riding guys!

 

 

hmm.. toon, i think u will also squeeze thru that BIG space if u r turning left. Look at that space.. its so normal to see few thousand bikes passing this type of situation.

 

What's abnormal is to see a door suddenly opening on u when u r passing one of these... this ain't about defensive ler, the passenger realli blur **** and no responsibility at all. Its broad daylight and the bike is so big, and she can still open the door.

[d0n]

bro. do u happen to stay in CCK? i remember seeing a similar bike parked in the same MSCP as me before.

 

anyway, looking at the pic, i dont think it is fair to attribute 50-50. i would suggest u show the pic to the guys at HKL. they will knw how to proceed or advise u accordingly.

 

the most ideal situation is for u not to fork out a single cent for the repairs and have HKL or any motordiam who is confident to take up the case for u. let them keep any excess compensation for the work.

[tooned]

hmm.. toon, i think u will also squeeze thru that BIG space if u r turning left. Look at that space.. its so normal to see few thousand bikes passing this type of situation.

 

What's abnormal is to see a door suddenly opening on u when u r passing one of these... this ain't about defensive ler, the passenger realli blur **** and no responsibility at all. Its broad daylight and the bike is so big, and she can still open the door.

 

by putting yourself at risk to save 10 seconds and having to hope that nothing unexpected happens, i doubt i would want to take that chance.

 

i'm just sharing my thoughts and if you want to go ahead and assume that everyone is alert when on the road, then i hope you don't end up becoming another statistic.

 

prepare for the worse, hope for the best.

[integra_r]

thanks all bro for the reply..

 

actually i feel tat if u are a rider.. u will take tat route la.. dun come tell me u will stay behind.. hahaa.. seldom will see bike stay behind car wan la.. somemore is just a small road.

 

anyway.. i get my injury cost liao.. quite high le.. hahaa

 

and the bike i push to planet liao la.. hk* cAnnot make it xia.. like tok **** tok **** wan.. i just email tp le.. waiting for their reply.. hope it a gd news..

 

tp nv follow up.. nobody follow up le.. duno who is the one doing the assessment that who is right and wrong.. becos the other party dun wan admit is her fault. tat y ntuc sae 50 50.. and that ****er.. sae u all this bike.. wave in and out la.. this **** tat ****.. stupid xia..

 

somemore.. there is no toilet.. no coffee shop.. NTH.. y open the door? the children wan go where i oso duno.. hahaa

 

but anyway .. anybody heard tat there is a moderator kind of thin? which they will pay u the repair or wat thin wan?

 

anyone wanna share?

[Jacq]

ok bro, hope you can claim from NTUC. do update us k.