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

[Benhur]

A bit chim for me. Care to enlighten what those words mean and what are the effects?

 

Hope I don't have to use it...

[Apollo]

well, ur agreement is based on they paying for the damages to ur ride. but i do suspect they may send in a claim against u for damages to the other ride, even though he bang u.

 

bottomline is, ok u accept but conditionally. that they agree to pay for the damage/ accident as full and final settlement and there shall not be further claim henceforth from them against you.

 

otherwise, ur 3rd party claim can turn out to be one part of equation. then a shock will come fr their lawyer asking for payment on their claim and with an inflated claim, you (yr insurer) may b liable for 12% payment to them, on basis of agreement that they r 88% liable.

 

so cavaet emptor. everything is not as simple as kampong handshake.

[Tiek]

Tks for the reminder. Just called my lawyer.. and they say... no such thing. They are just responsible for claiming for me. They can't prevent the other party from counter claiming me.

 

Like I said.. I've had enough of speaking to silly lawyers. I've done what I could, and given grace to others. If others want to take advantage of my kindness.. at least I live with a clear conscience.

[Osiris]

Great advice.

Is 'accept with prejudice' a common practice in car insurance?

[Emperor]

bro... i love your signature!!!! Its a good one!

[Apollo]

nope.. just instruct them u r accepting on condition, not unconditionally. tat is ur instruction to them, full and final settlement with no further claim from aunty lucy against you.

 

if they failed to follow ur instruction, they will have to bear all consequence. and u reserve ur rights in the matter.

[Apollo]

without prejudice is merely a defensive statement to ward off any legal issue tat may b complicated later becos the very words / action listed inside a document are used against you as a precedence.

[Solar]

  Quote

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.

 

isn't that the usual to claim own first?

i dunno.. will workshops be willing to do that, and would the repair be delayed excessively?

it may drag quite some time before liability is sorted out between lawyers of the 2 insurance companies right?

[Unltd]

Yr Avatar more power la.... hahahahahaa

[Unltd]

It is not always the usual to claim own first. This kinda acts are usually done only by AD as they do not wana go through the hassle of maybe losing the claim or prolonging payment or stuff like wat Aunties are famous for.... Barginning.

 

If your car kenna bang and you sure as hell know you are in the right and you do not over inflate your costs (reasonable compensation) then you should just engage your own lawyer to bring fight the case for you.

 

Anyways reasonable costs also inculde lawyers fees and if you win then the other party's insurance would have to foot reasonable lawyer fees in accordance with the law guidelines.

 

Yes if you dun wana settle based on what is considered an unfair liability or damages then of course drag long long lor... But do rem if it goes to court and you are awarded the damages then whatever you have forked out initially will be paid back + interest.

[Osiris]

So in layman terms it means TS accept 88% settlement does not mean he admit to that he is at fault for 12%?

[Apollo]

yup. becos it is not uncommon to get a counter suit fr the other party. and the worrying part is becos this was supposed to b a 3rd party claim and it becomes his insurer will drag into it, and if partake on 12%, the other insurer may gain back wat's lost/ reduce his damage.

 

end of the day, premium goes up on an unsuspecting driver and it may turn out to b a win-win situation for both insurers, not the Jon-Lock wannabe.

 

at the moment, aunty lucy is offering 88%. wat i say is counteroffer 88% on conditions. so if they accept, the dust will settle. can sleep peacefully. win win situation for tiek and his insurer.

[Vodkeith]

  Quote

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

 

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

 

At the expense of the customer ?

[Friendstar]

Aunty Lucy always like that

 

if u bang by a car from Aunty Lucy u suay.

[Sci10213]

  Quote

well, ur agreement is based on they paying for the damages to ur ride. but i do suspect they may send in a claim against u for damages to the other ride, even though he bang u.

 

bottomline is, ok u accept but conditionally. that they agree to pay for the damage/ accident as full and final settlement and there shall not be further claim henceforth from them against you.

 

otherwise, ur 3rd party claim can turn out to be one part of equation. then a shock will come fr their lawyer asking for payment on their claim and with an inflated claim, you (yr insurer) may b liable for 12% payment to them, on basis of agreement that they r 88% liable.

 

so cavaet emptor. everything is not as simple as kampong handshake.

 

Even if you claim 100%, it is on a Without Prejudice basis & you still cannot prevent the other party from counterclaiming. The only way to stop a counterclaim is via a record judgement.

 

Moreover, you think that "fighting" for the remaining 12% is worth employing a lawyer & spending thousands of dollars?

[Apollo]

yes which is why i say counter offer for 88% + full/ final settlement. if other party accept, then they hv no cause to pursue another JonLoke.

[Qpik]

share w u my experience. was involved in a chain collision. my 1st car, taxi(lucy) tailgate plus dreaming during peak hrs on aye, lorry (india).

 

after fighting out for 2yrs, i still had to bear 10% though it is not my fault. as the workshop y i had to absorb, they said it is like tat. if don't accept, hv to go court. i was like .

 

so, next time, i will prob put a decal "I'm with Lucy, tailgate at yr own risk"....

[Spenz]

I like your decal wording.. but does that mean tt if i bang u from behind i pay only 90%? Not bad deal then?