Advice needed regarding traffic accident

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Advice needed regarding traffic accident

Postby pinky » Wed Jan 11, 2012 10:49 pm

Hi to all, I need advice from you people.
1 month ago, I was driving at a roundabout when a lorry from the extreme left cut into my lane without any warning and the back right hand side of the lorry knocked into the left side of my car resulting in a cracked headlight and dented fender. I immediately honked at him but he sped on without stopping. However I managed to take down his vehicle no. and made a police report.

That's where the nightmare started:
1. until today, I was unable to contact the inspector assigned to my case
despite leaving messages with his colleages/answering machine. The last straw was when I called again today and the voice mail was full.
The advice given by his colleagues was it takes 2-3 months to complete the investigation and the office will post the results to me. I was told that my insurance co should be the one calling them and not me. When I told my insurance co, they said they do not have access to traffic police report.

2. the insurance co and the workshop played taichi against one another whenever I called to enquire on the status. Finally today the insurance co guy told me the other party actually file an insurance report to his own
Insurer stating that I WAS THE ONE WHO KNOCKED THE BACK OF HIS LORRY BUT HE DID NOT KNOW MY CAR PLATE NO and he refused to pay anything.

3. the 'advice' given by my insurance co is
a. pay for the repairs from my own pocket
b. file a 3rd party claim by engaging a solicitor on my own

:stompfeet: :stompfeet: :slapshead: :mad: :rant: :nunchuk:
has anyone gone through a similiar unpleasant experience like above and what happened after that?

pinky
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Re: Advice needed regarding traffic accident

Postby Strparent » Wed Jan 11, 2012 11:10 pm

pinky,

its very common to see this action by the lorry driver. Unfortunately, the accident was a case of your front and his back, so it is his words against yours, and you know the thumb of rule, the party who hits the back of 2nd party, is presumed at fault normally.

From your insurance co. advice, it seems you do not have a comprehensive insurance ? Is it 3rd party insurance ? If comprehensive, what is your excess ?

How much is the cost to rectify the damage to your car ?

btw, your insurance company representative sux

Strparent
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Re: Advice needed regarding traffic accident

Postby verykiasu2010 » Thu Jan 12, 2012 12:12 am

go see and MP, email him for help

or email the relevant department / officer who iis supposed to be in charge and c.c. it to your MP

if no progress, still, email / c.c. to PM Lee.

it will show how the home affairs / police dept function and they will get it going
verykiasu2010
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Re: Advice needed regarding traffic accident

Postby pojo » Thu Jan 12, 2012 12:45 pm

Hi Pinky

From the limited information provided, your case may be stronger if you could have the following:

1. independent witness or witnesses who saw the lorry recklessly cutting into your path (If I am not wrong, any passengers in your car are not considered independent witnesses);
2. poor driving record of the driver of the lorry frequently involved in reckless driving (If true);
3. expert opinion that the dent in your car was caused by another vehicle (and not the other way around ie your car hit the other vehicle when it swerved into your path); and
4. view by traffic police supporting your case;

Without these, I would say that unfortunately you do not appear to have a very strong case. The fact that your car was behind the lorry when the collision happened may imply some fault on your part. Also probably your insurance company assessors have already made an assessment and concluded that your case was weak. Maybe should take the advice of the insurance company and pay for the repairs from your own pocket. Don't think its a strong enough case to hire a lawyer to fight it out unless you have the strong arguments listed earlier.

pojo
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Re: Advice needed regarding traffic accident

Postby tankee » Thu Jan 12, 2012 12:51 pm

I agreed with Strparent

unless you have proof or witness, it will be your words against his, and as it is your front hitting his back, it is harder for you to proof your case.

Do stress on the fact that it is his "left" back corner and your "right" front corner. Take photos of the damages. The way the vehicles are damaged may help you proof how the accident had happened.

good luck !

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Re: Advice needed regarding traffic accident

Postby wanderlust-alm » Thu Jan 12, 2012 1:06 pm

Hi ,

I am working in a insurance authorised workshop and have been handling such claims on a daily basis and these are very typical scenarios. In the absence of Video cam at the road ( i doubt there will be one ) and without any injury it is very unlikely the the Traffic police will take any action or have any conclusion to it. At the end they may just end off to say no one is fined ( they may not even respond or reach any conclusuion at all ) . In this circumstances, if you do not have any good on the spot taken photographs, independent witness statement, video camera in your car the case will be a 50-50 case. All insurers and authorised workshop goes via a BOLA guideline that depicts common accident scenarios and indicate liability. So your case will likely end up as 50% case ( side swipe - same direction ) meaning to say i really doubt your insurer will pay full they will likely offer 50%. With this 50% offer, your NCD / claim records will still be affected. If you do not want to be affected, you can pay off your insurer the amount that they have settled with the other party ( if this amount is acceptabkle to you , this also depends on your current NCD amount ) and your insurer should remove this record and reinstate your ncd.

I think it is too late for you to claim your own insurance as most insutrance require all claims to be lodge within 14 days. If accident has exceed 14 days and your car still not repaired you can still try to claim against him and you may get 50% of the repair amount fork by his insurer too and with this his NCDr will also be affected ( tit for tat :p )

Really it is his words against yours and there is very little else you could do without conclusive evidence in your hands.

wanderlust-alm
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Re: Advice needed regarding traffic accident

Postby MMM » Thu Jan 12, 2012 1:32 pm

Hi,

Not sure if it is of any help. But from a proactive point of view for other drivers :
* Install a car accident camera - we did that recently in our new car. Esso is selling at around US$89 and installation cost around US$25. You never know when it will come in handy.
* Over the last 12 years of driving, I've encountered :
1) It was the curvy stretch of road outside Orchard presbyterian church towards park mall. I was a fairly new driver then and driving along side with the SBS bus. Due to curvy portion from the church to park mall, the back of bus scratched the front of our car. I was a new driver and went after the driver. There was a inspector on the bus who appeared to stand at my side and the driver agreed to compensate for damage. A key learning for us is when the road is curvy, always drive with care. Try not to maintain along side with the big vehicle.

2) We went to some showflat at Jln kayu. It was crowded and we parked at road side. A lorry scratched our stationary vehicle.... The lorry driver said that we parked illegally and hence we are in the wrong, and we cannot claim against him (he is just a driver), etc... and I told him it's beside the point as my car was stationary and even if we parked illegally, that is our issue and not his. It doesn't mean he can have the right to scratch cars that park illegally !!!!! I claimed against his insurance and got it.

3) Some chap drove too close and scratched our car. I was pregnant and alone. That chap didn't stop despite my honking. I chased after him, high beamed, honk until he eventually stopped after 1km. Though we are scrapping our car, but I felt that he need to do something about the mistake. How dare he just drive off like that :mad:

MMM
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Re: Advice needed regarding traffic accident

Postby MMM » Thu Jan 12, 2012 1:38 pm

wanderlust-alm wrote:Hi ,

I am working in a insurance authorised workshop and have been handling such claims on a daily basis and these are very typical scenarios.


Hi,

Given your experience, can you pls share some best practises on what one should do in an accident so that we are covered?

Also... is there still a need for those forms?

Thanks.

MMM
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Re: Advice needed regarding traffic accident

Postby wanderlust-alm » Thu Jan 12, 2012 1:52 pm

Hi,

I will strongly recommend installing a video cam in your car. In many circumstances that i have seen, my customer had video cam and it showed clearly that he was driving straight in his lane and other vehicle came and side swipe his car and the other driver still report that it was my client who cut into his lane. Hence in this case my client was able to claim in full against the other party.

The second best is to take on the scene photos at point of impact. Many car owners are very considerate and will shift car to one side and take photos of damaged cars all zooming in on the damaged are only but photo should be taken on the point of impact where possible - do not move !! if you can and if you need to come out of car via the other door by all means do so to ensure that you are unable to take photo at the point of impact. And do take photo from slightly afar showing the road markings , lane etc . Take note of stop lines and arrow matkings on road ( maybe he is turning where he is not supposed to be turning ) take both Macro and micro photos. damaged to his car is more important as you do not want him to exaggerate damage to his car.

3) get an ackowledgement from the third party - the person has higher chances to tell the truth at the point of accident. after accident, he may discuss w insurance, frens and wkshop who may "teach" him how to report and the scenario written may be very grey or not the truth any more. This is especialy so if the other party had reversed into your car or turning without green arrow etc.

4) get any independent witness !! Grab their HP nos first, you can always call them later to meet up to see whether they can be your witness. People in your car are typically not good witnesses .

Nowadays no need the forms liao so just exchange particulars if both parties are amicable . If other party refuse , just take note of vehicle nos .

Just a few pointers ;p

wanderlust-alm
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Re: Advice needed regarding traffic accident

Postby MMM » Thu Jan 12, 2012 1:59 pm

wanderlust-alm wrote:Hi,

I will strongly recommend installing a video cam in your car. In many circumstances that i have seen, my customer had video cam and it showed clearly that he was driving straight in his lane and other vehicle came and side swipe his car and the other driver still report that it was my client who cut into his lane. Hence in this case my client was able to claim in full against the other party.

The second best is to take on the scene photos at point of impact. Many car owners are very considerate and will shift car to one side and take photos of damaged cars all zooming in on the damaged are only but photo should be taken on the point of impact where possible - do not move !! if you can and if you need to come out of car via the other door by all means do so to ensure that you are unable to take photo at the point of impact. And do take photo from slightly afar showing the road markings , lane etc . Take note of stop lines and arrow matkings on road ( maybe he is turning where he is not supposed to be turning ) take both Macro and micro photos. damaged to his car is more important as you do not want him to exaggerate damage to his car.

3) get an ackowledgement from the third party - the person has higher chances to tell the truth at the point of accident. after accident, he may discuss w insurance, frens and wkshop who may "teach" him how to report and the scenario written may be very grey or not the truth any more. This is especialy so if the other party had reversed into your car or turning without green arrow etc.

4) get any independent witness !! Grab their HP nos first, you can always call them later to meet up to see whether they can be your witness. People in your car are typically not good witnesses .

Nowadays no need the forms liao so just exchange particulars if both parties are amicable . If other party refuse , just take note of vehicle nos .

Just a few pointers ;p


:thankyou:

Actually, I prefer the form. I recalled 2 yrs back during CNY while driving along PIE, one guy dunno sleepy or what... bang into the side of our car twice. We had 8 in the car including 3 kids. I made him sign the forms on the spot. He eventually told us that he wanted to settle out of his own pocket, etc.... So things were done rather amicably.

I wonder without forms.... will people go back on their words.

We heard the same on don't move the cars and just take picture. But being considerate and sometimes on expressways make it alittle challenging. But it's a good thing to note.

MMM
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