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


Tiek
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Neutral Newbie

My insurer is staying out of this. When I called them they said they said they do not handle 3rd party claims. I can only claim OD and then let my workshop's lawyer do the 3rd party claim for me.

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I confirm this is 100% liability. Confirm + guarantee "chop" sign.

 

The question now is: Did you pay for the repairs from your own pocket?

Edited by Sci10213
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ok...

 

since u hv a workshop lawyer. does he work directly for u or for the workshop. usually those who work for the workshop will not bother u with this matter. but the rule of trick is to not to accept this, becos at the back of my head, smthg tells me they may issue a counter claim against ur insurer and base on ur agreement. tat action will also affect ur policy.

 

to displace this loophole, any agreement has to b "without prejudice"

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Neutral Newbie

Out of curiosity, who will be bearing your lawyer's fees? They don't work for free you know.

 

Hopefully, it's included in the "repair costs".

 

I think you should still go for 100%. Why let Aunt Lucy push down your throat when you're not in the wrong? We shouldn't pay for other's mistakes.

 

Just my 1 cent's worth.

Edited by Benhur
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when i smash into a taxi who was coming out of a small road (i was on the big road going straight)

 

i got 90% [nod]

 

same claim process as you...got to workshop, workshop engage lawyer, i sign appointment of lawyer letter and lawyer will do everything......

 

at first, taxi's insruance wanted to offer 75%, my workshop advised me to reject. So i took their advice. then i got 90%

 

i think your workshop can advise you accordingly....

 

generally from what i know, if the other party insruance offer more than 80%, usually, you need not pay any $ to the workshop or see your ncd go down.....but this is quite dependent on workshop to workshop.....

 

so you got to check with your workshop, what is thier threshold....

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Neutral Newbie
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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.

 

If you accept 88%, that means you're giving up S$344/-. That's about 1 month's worth of petrol to me. [sweatdrop]

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Honestly, 88% is a good bet, the industry norm is 50% first offer. It all depends on how you are making the claim not how much, that will be affecting your insurance.

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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??

 

Try to get 100% ..... if not they may claim back the balance % and you'll risk losing your NCD.

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If its a clear cut case of the other car bang your rear....

 

Tell Aunty Lucy in a nice way...

 

"Go "make love" to a spider"....then I consider a 88% pay out...

 

If its a clear case....off course no lah...claim as what you are entitled to....off course make sure your bill in not inflated by those workshops too...you can claim for lost of use as well.

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Neutral Newbie

Hey folks. Tks for all the advice.

 

Just to update u all.. I have accepted the 88% payout. Spoke to my lawyer, and they said if I don't accept I'll have to engage my own lawyer to fight the case. Really makes my blood boil that they simply just shoved whatever Aunty Lucy offered into my face and say that it is a reasonable payout.

 

Decided there's better things for me to do than to speak with silly lawyers and keep worrying about the case. Hope that by just accepting, everything will be case closed and I can get on with my life.

 

Lesson learnt: If possible, never take the option of footing own damage first (either thru insurance or own pocket) and then claim later. Always insist on workshop to successfully claim the amount first then proceed with the repair. Cos if you have already paid up, nobody will fight for a fair claim for you, unless you engage your own lawyer.

 

I'm not bitter over the episode. Just take it as a lesson learnt and move on. Hope you folks can learn from my lesson as well.

 

Cheers! [;)]

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did u accept without prejudice? or conditional tat they do not counter claim? make sure those words r included so u dun get a 2nd shock.

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dun accept, famous case hav shown Lucy is not rational.... [hur]

 

sometimes i think this is becos aunty lucy wanna cut cost and not fight so much...

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