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Insurance advice by workshop clerk


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Hi MCF brothers,

 

i've just met into an accident on saturday with a big lorry. i was on a normal 2 lane stretch at a steady pace when it suddenly swerved in and hit me very hard. obviously, the driver did not check his blind spot.

 

I took many pictures and i thought i'll sure be able to claim from him.

 

When i went to the authorized workshop today, i was given this advice.

1) if u decide to claim the lorry's insurance, most probably the investigator will call it a 50-50 cos its a sideway collision. and i'll have to bear near 1000 in cash if the repair is 2000.

 

2) if i claim my own insurance, i'll only lose 20% of my NCD which after calculating all, will amount to $400++

 

She advised me to choose option no. 2.... i told her... my case is strong. IT WAS OBVIOUSLY his fault. not mine. but she said... no choice, side ways collision.

 

i really tink this is absurp. any advice?

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hey but.... is there really no way of making him pay for his mistake?

 

i have witness and everything! i just feel the system is highly unfair

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Unfair indeed. Most insurance co will just use the statement/drawings of the event and view the damages to decide who's at fault or percentage of fault. If you are not happy with the outcome, you will probably have to get your own lawyer to proof otherwise. Which also means that you will have to gather more evidenace to support your claim.

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welcome to reality.

 

insurance claims are always based on circumstantial evidence.

 

the fact that it is a sideway hit, suggests the circumstantial evidence is only 50% in your favour.

 

an example of a circumstantial evidence 100% in your favour is when the front of his lorry hits the back on your car direct.

 

the only way to make his insurance shoulder a higher % of blame is when you have an independent, non-biased witness supporitng ur claims that he hit you.

 

insurance companies are not interested in wasting time deciding who's words are more trustworthy. for instance in such a case, alto u will claim his lorry knock into your car, the insurance company of that lorry can also claim u knock into his lorry. that's why to them, circumstantial evidence is the definitive benchmark to apportion liability.

 

imagine every case goes to insurer with both party claiming the other party knock into them, and insurance companies sending lawyers to fight such grey cases, the industrial cost of insurance would instead escalate since lawyers fighting such grey cases would likely spend more time and charge more.

 

Insurance is not always about being fair. It is about cost and risk sharingwink.gif

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The system has never been fair.

 

I was involved in a similar accident with a bus several years ago. That time TP will still be involved even though no injury. The w/s that I went to also gave exactly the same advice. Decided to foot the repair out of own pocket. Luckily, it was the right decision, cos when the letter from TP came...it said "nobody's at fault".

 

Had I wanted to claim insurance from that bus driver and lost, I would have lost my 50% NCD.

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hi, watever i'm going to say is highly immature but its just an illustration.

 

if one night, very few cars on the road, i see a WRX driven by a young punkster, i'm not happy with him, i just bang him for the thrill of it.

 

And he can't claim against me. Right?

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You won't be able to claim 100% in this kind of accident. Were you able to avoid the lorry when he swayed into your lane by braking?

 

Depending on the repair costs, the 3rd option is to negotiate an amount, and claim from the lorry driver. You'll have to foot the rest. Of course, only feasible if the repair cost is low. Else the 2nd option might be better. Remember, after you made a OD claim, you'll lose some NCD, and there would be a loading on your premium renewal for the next few years. Like they say, "sheep fur comes from the sheep body"!

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i tink its weird that the clerk told me i'll only lose 20% of my NCD.

meaning to say... i'll still have 30%.

 

she said 100% sure. she's those old auntie kind work for 30++ years.

 

is there such thing?

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Thanks for the reply!

 

I braked very hard. but still useless... well i can say all i want but the insurance company is not going to believe me right?

 

the funny thing is... even the lorry driver admitted but still the insurance company say its a 50-50.

 

the clerk further explained that becos u and the lorry driver can gang up cheat the insurance company money. tats why assessment is only by the investigator.

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You are quite right. Unless it was captured by some cam. That WRX driver will not be able to claim from your car insurance should you decide to foot your own repair bill and not make any report (provided the 2 of you did not sign any accident report or exchange details). That fellas may have to take up civil suit to claim from you his car's repair cost.

Edited by Silver_blade
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  Quote
When i went to the authorized workshop today, i was given this advice.

1) if u decide to claim the lorry's insurance, most probably the investigator will call it a 50-50 cos its a sideway collision. and i'll have to bear near 1000 in cash if the repair is 2000.

 

2) if i claim my own insurance, i'll only lose 20% of my NCD which after calculating all, will amount to $400++

I think not just lugi $400+ from the claim. Coz there's still loading on your premium for anyone who has made a claim in the past 3 years. So your base premium will not be the same as your base (before NCD) premium this year. sweatdrop.gif

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Neutral Newbie

I am not in this trade. But thinking about it, wouldn't the angle of the collision as shown by the damages to both vehcile give an indication of who hit who? For example, whether your car is damaged at the side and the lorry is damaged at the front, wouldn't this indicate that the lorry hit you at an angle when you are ahead and therefore is the one changing lane?

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just asking ...

if a car reverses into me while i'm behind him ( he was getting out of an illegal parking position) and if i get a signed statement from the party that reversed into me admitting to it, would i be able to fully claim from that person's insurance [sweatdrop] ?

obviously he has admitted to guilt right ?

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