Jump to content

I was wrong about being rear end and claimed 100%


Swingarm
 Share

Recommended Posts

Hi all,

 

Last year 2 days before chinese new year, i was rear end by a fit/jazz. Damage was really bad and i, therefore decided to claim against the driver that rear end me.

 

Today, i received a call that the other party insurance propose to pay only 90% of the damage and injury. I ask my lawyer and they advise me to accept the offer. if i decide not to take the offer, i will ask to go to trial and if my luck is not that good, the judge will reduce it to 80% or less. and if that happened. i will have to pay both parties legal fees. after hearing the fees amount, i told the lawyer that i accept it.

 

Now, my question is, if the workshop have decided to accept the 90% damage, will he go after me for the 10%?

↡ Advertisement
Link to post
Share on other sites

Hi all,

 

Last year 2 days before chinese new year, i was rear end by a fit/jazz. Damage was really bad and i, therefore decided to claim against the driver that rear end me.

 

Today, i received a call that the other party insurance propose to pay only 90% of the damage and injury. I ask my lawyer and they advise me to accept the offer. if i decide not to take the offer, i will ask to go to trial and if my luck is not that good, the judge will reduce it to 80% or less. and if that happened. i will have to pay both parties legal fees. after hearing the fees amount, i told the lawyer that i accept it.

 

Now, my question is, if the workshop have decided to accept the 90% damage, will he go after me for the 10%?

 

any reason (in the accident) put forward by your lawyer for the 10% liability other than difficulty ?

 

if no reason then it seems to rest on which insurer is more rough to reject 100% claim and for the sake of saving trouble just let the insurer ride roughshod?

 

 

Link to post
Share on other sites

A good workshop will know how to handle accident case, few years back i rear end the car in front of me and i don't even need to pay any excess.

Link to post
Share on other sites

So who will pay the 10%? Ins or TS?

 

What if both cars use the same ins company, will such 10% issue still matter?

 

Or the ins co die die also want to get the 'least at fault, aka TS" invovled, so as to justify for higher renewal premiums for TS?

 

Link to post
Share on other sites

Hi all,

 

Last year 2 days before chinese new year, i was rear end by a fit/jazz. Damage was really bad and i, therefore decided to claim against the driver that rear end me.

 

Today, i received a call that the other party insurance propose to pay only 90% of the damage and injury. I ask my lawyer and they advise me to accept the offer. if i decide not to take the offer, i will ask to go to trial and if my luck is not that good, the judge will reduce it to 80% or less. and if that happened. i will have to pay both parties legal fees. after hearing the fees amount, i told the lawyer that i accept it.

 

Now, my question is, if the workshop have decided to accept the 90% damage, will he go after me for the 10%?

 

In this case, it means the other party insure will bear 90% of the cost of repair of your vehicle and your own insurance company will pay the remaining 10% of the repair bill to the workshop that repairs your car. You don't have to pay anything for the repair of your vehicle. Apart from claiming the costs of repair of your vehicle, you will also be paid 90% of your claims involving the loss of use, medical costs for injury (if any) and your excess; etc. As long as the damage claim against the other party is 80% and above, you will not lose your NCB in the next renewal of your policy.

 

If I were you, I would accept the offer made by the other party insurer.

 

 

 

Link to post
Share on other sites

So who will pay the 10%? Ins or TS?

 

What if both cars use the same ins company, will such 10% issue still matter?

 

Or the ins co die die also want to get the 'least at fault, aka TS" invovled, so as to justify for higher renewal premiums for TS?

 

If you or the TS needs to pay the remaining 10%, then what is the purpose of buying insurance for the car?

 

Link to post
Share on other sites

Precisely. I would not give in for this.

 

If TS don't have deep pockets to fight on then no choice but to accept the proposal

Link to post
Share on other sites

But why cannot 100%? you in wrong also?

 

I was once given 100% damage claim few years back. On that particular instance, my car was rear ended by someone at the traffic junction, while my car was in stationary position right in-front of the RED traffic light. If both cars are on the move and the front car get rear ended, it is very difficult to get 100% compensation.

 

Link to post
Share on other sites

any reason (in the accident) put forward by your lawyer for the 10% liability other than difficulty ?

 

if no reason then it seems to rest on which insurer is more rough to reject 100% claim and for the sake of saving trouble just let the insurer ride roughshod?

 

no reason at all. only that my lawyer said that it is already a court case as the other party insurance delay the payment. and the other party insurance offered this percentage

Link to post
Share on other sites

90% good enough. Take that 10% as admin fees. Your ncd still intact?

i renewed my insurance lst year and the ncd still intact. not sure this coming renewal

Link to post
Share on other sites

So who will pay the 10%? Ins or TS?

 

What if both cars use the same ins company, will such 10% issue still matter?

 

Or the ins co die die also want to get the 'least at fault, aka TS" invovled, so as to justify for higher renewal premiums for TS?

 

that's d question that i want to know the ans.... [:(]

Link to post
Share on other sites

In this case, it means the other party insure will bear 90% of the cost of repair of your vehicle and your own insurance company will pay the remaining 10% of the repair bill to the workshop that repairs your car. You don't have to pay anything for the repair of your vehicle. Apart from claiming the costs of repair of your vehicle, you will also be paid 90% of your claims involving the loss of use, medical costs for injury (if any) and your excess; etc. As long as the damage claim against the other party is 80% and above, you will not lose your NCB in the next renewal of your policy.

 

If I were you, I would accept the offer made by the other party insurer.

 

 

glad to hear that... and i have told my lawyer that i've accept after hearing the legal fees charged per day if i go for trial and lose the case. hahahah [laugh]

Link to post
Share on other sites

no reason at all. only that my lawyer said that it is already a court case as the other party insurance delay the payment. and the other party insurance offered this percentage

i think it seems to be a case of the more vocal or aggressive one will be rewarded.

 

like the insurer if aggressive to say only offer 90% and the lawyer says accept becaue less time and cost spend on proving the case.

Link to post
Share on other sites

But why cannot 100%? you in wrong also?

 

the situation is like this... the traffic light was red and all the cars infront have stopped. i was the 4th or 5th car and i have engaged my handbrake. Then from rear view mirror, i saw this car very fast approaching and "bang". my car surge forward and hit the taxi infront. the impact was so great that my coins in the ash tray, was scattered in my cabin..

 

i guess i'm not at fault

↡ Advertisement
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...