Any possibilities of counter sue?

[Zoomx]

Some expert opinions needed here.

 

Someone has claimed my insurance few days ago for an accident that has never happen. Already went to IDAC to took a pic of my car's front right that has supposed to "Hit" his rear left six months ago. My car's front right has been the same original condition for the past one year and I wasn't even at the place of "accident" mentioned at that time lol.

 

The case will be in my favour according to the claim officer but does anyone knows if we have any legal recourse over such lying and wasting of my time/effort? Or can only LL?

 

Thanks in advance.

[Jonbummer]

so is it proven that u are indeed at the scene of 'crime' ?

did u remember the claiming party particulars?

 

dun think can counter sue IDAC or NTUC as they only

act upon the other party.

i reckon all u might be able to do is to engage your

own legal help to claim time/effort$.

 

else, really LL.

[Ahhuat]

No need to counter. Inform your insurance agent that you were never there. State that a false claim has been made. Wanna play punk, make a police report.

 

In any case, the claimant makes a claim against your insurance company, and they surely dont want to pay, so not much for you to worry about.

[Zoomx]

I was not at crime scene at that time/day. No alibi but can dig out CCTV to show that I am somewhere else if need too. I have got the claiming particulars from the claim officer and this "accident" happened 6 months ago and I just got claimed few days ago. Luckily its was X'mas day and so I can remember where I am.

 

Not to sue IDAC or NTUC as I know they are only the middle man. I am just pissed with this guy who is obviously lying or trying to pull a fast one. If I am out of town and not able to get to this letter, I would have been claimed upon.

 

I also reckon that I have to get my own legal recourse but just wondering if anyone here has experience a case like this before.

 

Thanks

[Puffer_fish]

just ask the guy, could be a case of writing the wrong number, or the real person write a fake number thus you were involve

[Zoomx]

Thats the phase I am waiting for "False Claim" and is police report a must since its likely to be a civil case?

[Jonbummer]

hmmm i have no experience with this

so cannot give more than my 1cent worth of advice.

 

guess the real impt thing is to establish your alibi

just in case he 'die die' say you are the one and you are there

[Osprey23]

Check with your insurance company in the "claim" against you, what info is being provided? If only car registration number and no particulars, then the case is to your advantage. For accident, normally drivers will exchange particulars. Unless it is a case of hit and run. But if hit and run, why he took 6 months to take action?

 

If for some unknown reason, he is able to produce your particulars, then it might be a little bit tricky. I dun think anyone can check my identity by just providing the car registration number of my vehicle right?

[Imuya]

"If for some unknown reason, he is able to produce your particulars, then it might be a little bit tricky. I dun think anyone can check my identity by just providing the car registration number of my vehicle right?"

 

Actually he can. By paying a few bucks for an insurance search using veh. no. in the GIA system. Will give owner's name, address and insurance company.

[Zoomx]

LOL. If he "DD" say I am there and even I cannot establish alibi, my car has not sign of accident before and even the watermarks are consistent throughout the whole car for all panel.

[Zoomx]

He only provide the number plate, not even the car make/model/colour according to the claim officer at nutc.

 

Anyway, thanks for all inputs and if possible I will update all on this case.

 

Later,

[Chucky2007]

why dun you counsult your lawyer since you are thinking og suing him? you ask this type of legal issue to all non legal people will make you very confuse only. we may give wrong info that you may wanna avoid.

[Osprey23]

Since that's the case, just tell your insurance company to reject the claim based on the follow reasons:

 

1) It has been 6 months after the alleged incident. I checked with my friend dealing with motor claim, he told me that normally for such case, the insurance will not entertain. 6 months is too long for anyone to lodge a claim.

 

2) Only number plate is provided. Give him the benefit of doubt that he is not lodging a false claim. There is still a high chance that he has remember the plate number wrongly. Especially so it is already 6 months ago.

 

3) Also the most important reason. You are not the one involved. He can die die say you are but you can also die die say you are not. You are at the upper hand.

 

Also, forget about about engaging lawyer to sue him. For your case, there isn't any civil sue against you in the first place as this is just an insurance claim. So far, maybe it is only the waste of time for you to have your car photographed and whatsoever. If you want to engage lawyer to claim damage for all these inconvenience, the legal process might be even more time consuming.

 

Furthermore, if NTUC (your insurance company I supposed) rejected the claim outright, you do not even need to go down to IDAC. So if you think again, the person who made the claim might not be the one solely responsible for the inconvenience caused.

Edited May 22, 2007 by Osprey23

[Sci10213]

Hi,

 

Please ask your friend who is dealing with motor claims:

 

Does he know what timebar means & how long is this period for a claimant to make a claim?

 

If he says insurance company normally dun entertain motor claims after 6 months, I think you should advise your friend to learn more things if he is going to work in this line or industry for quite some time.

[Santarene]

Hmmm...SCI10213, what do u mean by this remark? Can explain thanks?

[Osprey23]

From the way that you are saying, you seems to have the answer. Why don't you just share what you know and I can go clarify with him. Sometimes I could be me who misinterpret him in the first place. So appreciate if you could enlighten what is

a) a timebar?

b) how long can a claimant to make a claim?

 

Honestly, I do feel what he says does make sense. I do understand that any party involving in a road accident (no injuries involved) has up to 6 years from the date of accident to officially make a claim against the other party. But I do believe that there must be some accident report made shortly after and accident and have the damaged cars assessed asap. He can then decide whether he want to claim or not thereafter.

 

Common sense will prevail that if nothing is filed, mentioned or recorded and suddenly 6 months down the road a claim is filed, don't you think is a waste of time? Unless the claimant has a very solid reason, or else, why can't the insurance company reject the claim?

[Sci10213]

Well u do have the answer already. For property damages, the timebar is 6 years & 3 years for injury cases to file officially.

 

I think 6 months to file a claim is not that bad already. I have seen people making claims after 4 years which I think is more ridiculous. But what to do? The law recognizes & allows 6 years from the date of accident. Why 6 months is ok? Becos the claimant has to prepare all the documents e.g. survey report, police report, colour photos, etc... for submission. All this takes time. So it is still quite reasonable to file a claim after 6 months.

 

It is only "suspicious" if the claimant lodged the accident report after a long time since the accident happened. Lodging an accident report is NOT the same as making a claim. The insurance company will conduct a further investigation & not reject the claim just because the claimant failed to make a claim within a certain time (except after the expiry of the timebar). Hope you get what I mean.

 

Whether the accident occurred or not, the insurance company has to acknowledge the claim filed & then assessed the claim so long as it is within 6 years. Then it can decide to reject or to settle. Insurance company can choose to reject claim without acknowledging but this action will immediately result in further legal procceedings if the claimant wants to engage lawyer.

 

If you want, you can surf the Internet for more information on NIMA protocol.

[Osprey23]

Thanks for lesson. :-P

 

I guess it is my fault to have loosely used the term "lodging accident report" & "making a claim". My apology.

 

The 6 years period for claim is what my friend told me and following that, he mentioned if the person took 6 months to file claim without prior accident report lodged, the insurance company will likely to reject the claim. I think what he meant was that the claim will still be acknowledged but unlikely to be settled. Also, I consulted him based on the situation faced by Bro Zoomx here, meaning

1) file claim after 6 months without prior accident report;

2) insured claimed not at incident scene and able to prove it;

3) claimant can only provide car registration number without driver's particulars.

 

I guess based on the above scenario, you would agree that the claim will ultimately be rejected as well right?