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Should I accept less than 100% settlement for kenna banged from behind?

Tiek

By Tiek,
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Tiek

Tiek

Neutral Newbie

Just got a letter from my lawyer that Aunty Lucy is offering to settle my 3rd party claim at 88% of what my lawyer originally claimed for. Was kenna banged from behind when I was stationary at a slip road while giving way to vehicles on the main road.

 

Not too sure about what I shd do cos it is quite clear cut that the other party is at fault. If that is the case, then why am I not able to claim 100%?? Is this an industry norm that it is very difficult to claim 100%? I scared that if I refused, the whole case will balloon into another Jonathan Lock case and make me famous.

 

Any advice??

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Shull

Shull

Turbocharged

Not surprised if from Aunty Lucy [thumbsdown] ..they always like to fight for lower cost..

 

IMO, clear cut that the other party is wrong..dun accept the 88% offer..

 

claim them til jialat jialat.. [thumbsdown]

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Tarzan666

Tarzan666

2nd Gear

if u want the matter 2 b resolved fast then accept the offer.not sure whether it will affect ur ncb.

 

If u can wait which i tink you should...shld accept nothing less than 100% coz its a clear cut case.

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Unltd

Unltd

5th Gear

Hi for your info, usually the other party will either offer lump sum or claim liability at a certain % for court damage assement. You kenna bang from behind but I not sure what damages you sustained.

 

You claiming for injury? Otherwise there should be no liability offer. If there is traffic police letter to the other party stating he/she at fault (careless/reckless driving) then you should not accept 88%.

 

I speak from exprience la.... heeheee, I also kenna from behind and claim 95% liability from them (give 5% discount).... Now my court case recently settled, you are in for a long ride if you injuries are serious.... average 2 yrs! [laugh]

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Tiek

Tiek

Neutral Newbie
  • Author

Ya. I think Aunty Lucy also feel that they don't have a case, that's why they are pushing for such an early settlement. My lawyer only sent the claim to them the week before, and one week later I get this offer from them. I heard that claiming from Aunty Lucy is a very slow process that can drag up to a year... that's why I'm so surprised to receive such a quick response.

 

Having said that, I'm still inclined to just accept and move on with my life and driving. Hate to have to constantly having to think of the legal battle... I just want to close the chapter and move on.

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Unltd

Unltd

5th Gear

Then you should go for 100% since it is repair cost, loss of use, and surveyour report. If they say wana pay 88% only loss of use then it is like uhmm... maybe ok, but 88% for all?!

 

My personal not expert opinion is that they are taking you for a ride!

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Unltd

Unltd

5th Gear

If your lawyer can handle it well enough then the process can be fast, if it is like you said only repairs and such with no injuries then it should close soon. All your lawyer needs to do is go get a writ of summons and the other party insurance should wana quickly settle your costs instead of going through a whole bunch of legal work.

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Chucky2007

Chucky2007

Turbocharged
Just got a letter from my lawyer that Aunty Lucy is offering to settle my 3rd party claim at 88% of what my lawyer originally claimed for. Was kenna banged from behind when I was stationary at a slip road while giving way to vehicles on the main road.

 

Not too sure about what I shd do cos it is quite clear cut that the other party is at fault. If that is the case, then why am I not able to claim 100%?? Is this an industry norm that it is very difficult to claim 100%? I scared that if I refused, the whole case will balloon into another Jonathan Lock case and make me famous.

 

Any advice??

dun worry, jus reject NTUC's offer to settle @88% if u r 100% not @ fault.

 

btw ur NCB will not suffer bec u r only shouldering 12% of whole thing.

 

remember, by accepting 88%, means u have to come out of yr pocket 12% of total cost (yr repair + e other party's cost). r u ok w that when u r 100% nt @ fault?

 

they juz trying their luck to reduce cost, dun worry. when u revert back to them:" yr offer to settle @88% rejected. pay me 100% of my damage or see u in court."

 

ntuc will most likely immediately agree to settle yr 100%.

 

bec once case submit to court, legal cost increase immediately.n they will weigh wats chances of winning more than 88%.

 

if by goin court, the total possible cost occurred will outweigh the 12% that they shld have given u, they will nt go court.

 

its all voice down to how much $ insurance company can save.

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Chucky2007

Chucky2007

Turbocharged

somemore now just after the famous jonathan loke case, they wouldn't go court for the sake of just winning cases.

 

remember the judges presiding the case n also ntuc ceo has mentioned that no point increasing cost.. eve ything shld be on basis of saving cost n time for all parties involved.

 

if u agree at 88%, then 1 simple cost-free letter has helped them save 18%.. if u own ntuc,wouldn't u send out this letter as well even though yr customer at losing end? its standard biz practice lah

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Fitvip

Fitvip

Supersonic
(edited)

Why 88%? Is it an auspicious figure? [lipsrsealed]

 

Your lawyer should fight for full compansation! But then assuming you get full amount, is the extra 12% enough to cover the extra cost?

 

Be prepared to pay part of the legal cost even if the kiability is on the ooppsite party!

Edited by Fitvip
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Ninafrost

Ninafrost

1st Gear

But u did nothing wrong. There is no grounds for them to argue with u for ANY fault of yours. If u are absolutely resolutely sure u did nothing wrong just claim for 100%. They're just trying their luck to lower the cost hoping that subconciously u are worried about legal tangle with them . Just claim wat you are suppose to claim. Why should you submit to them?

 

 

Nina

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Sci10213

Sci10213

3rd Gear
Just got a letter from my lawyer that Aunty Lucy is offering to settle my 3rd party claim at 88% of what my lawyer originally claimed for. Was kenna banged from behind when I was stationary at a slip road while giving way to vehicles on the main road.

 

Not too sure about what I shd do cos it is quite clear cut that the other party is at fault. If that is the case, then why am I not able to claim 100%?? Is this an industry norm that it is very difficult to claim 100%? I scared that if I refused, the whole case will balloon into another Jonathan Lock case and make me famous.

 

Any advice??

 

Can you please jot down the details of what you claim & what they offer?

From what you described, I suspect liability is 100% but the amount is reduced. Hence you get 88%.

 

E.g.

 

Your claim:

COR $100

LOU $100 for 1 day

TOTAL $200

 

NTUC offer:

COR $96

LOU $80 for 1 day

TOTAL $176

 

Hence, you get $176/$200 = 88% but in actual fact liability is @ 100%.

 

So can you please describe to us the figures?

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Tiek

Tiek

Neutral Newbie
  • Author

I'm not sure.. cos my lawyer didn't indicate anything about liability.

 

Original claim:

Repair $2224

Loss of use $420 ($60x 7days)

Surveyor report $232

 

 

Aunty Lucy offer:

Repair $2000

Loss of use $300

Surveyor report $232

 

So from these figures I get 88% of the original claim loh.

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