Motor Insurance claims

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Motor Insurance claims

Postby pupilview » Tue May 14, 2013 9:54 pm

Car Y rams into stationary car X waiting at traffic light for signal. Isn't it totally 100% fault of car Y as per rules of Singapore.?
Car Y now twisting tale to say that car X cut into lane.But even if this bitch cooks up the story-isn't it that she is totally at fault since she hit from the rear.
Hope some kind soul will advise what Car X owner should do.

pupilview
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Re: Motor Insurance claims

Postby tankee » Tue May 14, 2013 10:21 pm

do you have video recording of the accident happening or photo of the position of the cars right after the accident?

any witness willing to testify for you?

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Re: Motor Insurance claims

Postby ChiefKiasu » Wed May 15, 2013 8:03 am

Yes. When involved in an accident, no matter how small or big, always take pictures of

1) the positions of the cars relative to each other (avoid moving and stopping too far off after the accident. Try to stay in position and take pictures first before moving the cars)
2) the damaged areas of all cars involved.
3) NRICs of all drivers involved.
4) Insurance policies (especially if the plan is to claim against insurance)

If the intention is to claim against insurance, you should make a police report asap to record a statement. Inform the other party that is your intention. This should somewhat protect you against the other party reneging on their terms.

If none of the above are made, the insurance claim process could be long drawn, and may end up in civil court. It would be your word against hers, and insurers are more than happy to let it drag on.

In any case, if the car hits you from behind, the onus is on that car's driver to prove that she did not get enough time to react, and that is much harder to prove. As a rule, drivers have to remain alert while on the roads at all times and maintain the necessary speed and distance from other cars to properly stop in emergency situations. Your case is easier to prove.

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Re: Motor Insurance claims

Postby atrecord » Wed May 15, 2013 11:47 am

ChiefKiasu wrote:Yes. When involved in an accident, no matter how small or big, always take pictures of

1) the positions of the cars relative to each other (avoid moving and stopping too far off after the accident. Try to stay in position and take pictures first before moving the cars)
2) the damaged areas of all cars involved.
3) NRICs of all drivers involved.
4) Insurance policies (especially if the plan is to claim against insurance)

If the intention is to claim against insurance, you should make a police report asap to record a statement. Inform the other party that is your intention. This should somewhat protect you against the other party reneging on their terms.

If none of the above are made, the insurance claim process could be long drawn, and may end up in civil court. It would be your word against hers, and insurers are more than happy to let it drag on.

In any case, if the car hits you from behind, the onus is on that car's driver to prove that she did not get enough time to react, and that is much harder to prove. As a rule, drivers have to remain alert while on the roads at all times and maintain the necessary speed and distance from other cars to properly stop in emergency situations. Your case is easier to prove.


All quite right, except to add that it is necessary to make a police report only if there are injuries, where you should call the police on the spot. If there is no injury, I think there is no need to make police report - just the insurance report will do.

At least that was the SOP some years ago.

If there was photo to show the position of the cars immediately after impact, and it shows that car Y was directly behind car X, then it should have no case. It is always more difficult to prove if one's front hit another's rear (note, not side).

Just heard that a friend of a colleague was so unfortunate: at traffic light car in front changed to 'Park' gear when stopped, then when moved off, only engaged 'R' instead of 'D', then reversed and hit the car behind. Went down apologised, drove off as the car behind not much damaged. Then later made a claim and said the car behind hit his back instead!! And succeeded!!!!

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Re: Motor Insurance claims

Postby pupilview » Wed May 15, 2013 11:56 am

atrecord wrote:
ChiefKiasu wrote:Yes. When involved in an accident, no matter how small or big, always take pictures of

1) the positions of the cars relative to each other (avoid moving and stopping too far off after the accident. Try to stay in position and take pictures first before moving the cars)
2) the damaged areas of all cars involved.
3) NRICs of all drivers involved.
4) Insurance policies (especially if the plan is to claim against insurance)

If the intention is to claim against insurance, you should make a police report asap to record a statement. Inform the other party that is your intention. This should somewhat protect you against the other party reneging on their terms.

If none of the above are made, the insurance claim process could be long drawn, and may end up in civil court. It would be your word against hers, and insurers are more than happy to let it drag on.

In any case, if the car hits you from behind, the onus is on that car's driver to prove that she did not get enough time to react, and that is much harder to prove. As a rule, drivers have to remain alert while on the roads at all times and maintain the necessary speed and distance from other cars to properly stop in emergency situations. Your case is easier to prove.


All quite right, except to add that it is necessary to make a police report only if there are injuries, where you should call the police on the spot. If there is no injury, I think there is no need to make police report - just the insurance report will do.

At least that was the SOP some years ago.

If there was photo to show the position of the cars immediately after impact, and it shows that car Y was directly behind car X, then it should have no case. It is always more difficult to prove if one's front hit another's rear (note, not side).

Just heard that a friend of a colleague was so unfortunate: at traffic light car in front changed to 'Park' gear when stopped, then when moved off, only engaged 'R' instead of 'D', then reversed and hit the car behind. Went down apologised, drove off as the car behind not much damaged. Then later made a claim and said the car behind hit his back instead!! And succeeded!!!!



I have photos of the impact immediately after accident.Quite clear from that.No injury hence no police report.

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Re: Motor Insurance claims

Postby atrecord » Wed May 15, 2013 1:19 pm

pupilview wrote:
I have photos of the impact immediately after accident.Quite clear from that.No injury hence no police report.



Then should be quite ok. Have you made the accident report yet? I'm not sure what is the SOP now, though. A few years ago, it was mandatory to make a report within 24 hr of an accident, or else you will likely be at the mercy of the other party if it had done so, i.e. his words (in his report) will count and yours (in your late report, if there is one) might not.

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Re: Motor Insurance claims

Postby pupilview » Wed May 15, 2013 1:26 pm

atrecord wrote:
pupilview wrote:
I have photos of the impact immediately after accident.Quite clear from that.No injury hence no police report.



Then should be quite ok. Have you made the accident report yet? I'm not sure what is the SOP now, though. A few years ago, it was mandatory to make a report within 24 hr of an accident, or else you will likely be at the mercy of the other party if it had done so, i.e. his words (in his report) will count and yours (in your late report, if there is one) might not.



Yes - filed the GIA report. The issue now is since the 2 reports differ- usually how does it go forward in a third party claim? Workshop cannot start repair unless authorisation given .

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Re: Motor Insurance claims

Postby ChiefKiasu » Wed May 15, 2013 3:05 pm

BTW, if the damage is at one of the corners' of the back of your car (ie, the force is directed straight at the corner), it could be due to lane cutting. If the damage is along the whole bumper, it is clear that the car at the back did not maintain proper distance or was speeding. If you had cut into the other lane and have time to straighten your car along that lane, she should have time to stop and brake in time if she wasn't speeding.

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Re: Motor Insurance claims

Postby sparks » Wed May 15, 2013 10:55 pm

If yours is a direct rear damage (pls note - not side),it will be a clear cut claim against the rear vehicle. No need to worry. Just report to your insurer within 24 hours. Let your insurer do the claim on your policy first (your NCD will be affected). You will most likely succeed in claiming against the other driver. Once your insurer has successfully claimed against the other's insurance, you will get back your NCD (you have to monitor & ensure they give you back!)

Yes, I have known cases whereby the front driver reversed & hit rear vehicle & yet succeeded with claim against the innocent driver behind. Moral of the story is not to stop too close to the other vehicle in front. Or if it happens, & if the errant driver is apologetic, quickly get him to sign a statement that he knocked into you. With that written evidence, it can save you a headache too.

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Re: Motor Insurance claims

Postby Irrelevant » Thu May 16, 2013 8:11 am

pupilview wrote:Car Y rams into stationary car X waiting at traffic light for signal. Isn't it totally 100% fault of car Y as per rules of Singapore.?
Yes unless proven otherwise.

pupilview wrote:Car Y now twisting tale to say that car X cut into lane.But even if this bitch cooks up the story-isn't it that she is totally at fault since she hit from the rear.
Does not matter what she says unless she has evidence to prove it. Even if you cut into her lane, it is still her fault unless it is a sideswipe.

pupilview wrote:Hope some kind soul will advise what Car X owner should do.

It depends on whether you wish to (a)claim your own insurance first or (b)claim the other party immediately.

If you opt for (b), you will have to wait for the insurance companies to come to an agreement before you can proceed. That might take at least several days of negotiation. The key advantage is all the things will be agreed upfront, there is no uncertainty on the outcome.

If you opt for (a), the workshop can immediately start the repair. You may also rent a replacement car while the vehicle is being repaired. The insurance company / workshop will also engage a lawyer for you to pursue the claims. Meanwhile, you will have to bear your own excess first. It may take the lawyer up to 6 months or more to "settle" the case. My not so hardworking lawyer took 6 months. I was also "compensated" an additional $800 for loss of use, over and above the replacement car rental.

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