Insurance Company refuse to take Responsibility

[Sabbie]

My friend was involved in a car accident recently, it was on an expressway when a heavy vehicle swerve all the way to the right lane and stopped for road maintainance. He E braked and stopped in time but the taxi behind could not and crash into him, the impact flung him forward and he hit the truck slightly.

 

Now the insurance company representing the cab refuse to take full liability and only willing to pay 50%, now my fren is stuck becos his car is in the workshop and the courtesy car given to him is not covered under his own insurance. He was advised to pay the excess and claim 1st party and pay for the rental of the courtesy car himself as if he wants to fight the car and claim 3rd party it will be a prolong process and he may have to come out with alot of money. He NCB will also be affected if he claim 1st party.

 

He ask me for advice and I told him I am no expert and will seek the kind advice of the bros here.

 

Thanks.

[Swingarm]

Do not claim first party... If there's a need to appear in court, so be it... I was involved in this situation... the car behind me bang straight towards me and i surge forward to hit the front car which is a taxi... The insurance of the car that bang me agreed to pay 90% only... I lan lan have to accept as it wont affect my ncb....

 

I think the taxi insurance lawyer is the aggressive type... Just dont accept the 50% liability...

[Sabbie]

Do not claim first party... If there's a need to appear in court, so be it... I was involved in this situation... the car behind me bang straight towards me and i surge forward to hit the front car which is a taxi... The insurance of the car that bang me agreed to pay 90% only... I lan lan have to accept as it wont affect my ncb....

 

I think the taxi insurance lawyer is the aggressive type... Just dont accept the 50% liability...

 

I dun think my fren would accept the 50% liability, the issue is the workshop ask him to claim 1st party first and then they will help him to with the 3rd party recovery...according to them it is safer as he just need to pay the excess and temporily lose his NCB, if he fight for 3rd party and he loses, he may end up paying 8k...

[Aimnfire]

I dun think my fren would accept the 50% liability, the issue is the workshop ask him to claim 1st party first and then they will help him to with the 3rd party recovery...according to them it is safer as he just need to pay the excess and temporily lose his NCB, if he fight for 3rd party and he loses, he may end up paying 8k...

 

what the workshop want is somebody to pay the bill first

whether you succeed or not is your business

[Glendale]

I was involved in an accident with exactly the same scenario 2 years ago. I do not need to pay a single cent. Speak to your own insurance company, they will advise u. I get my car assessed by IDAC straight away after the accident. The impact at the back is usually more severe than the front. My insurance company at that time was NTUC and they reassured me they will deal with the insurance company of the car that hit me from behind.

[Aimnfire]

I was involved in an accident with exactly the same scenario 2 years ago. I do not need to pay a single cent. Speak to your own insurance company, they will advise u. I get my car assessed by IDAC straight away after the accident. The impact at the back is usually more severe than the front. My insurance company at that time was NTUC and they reassured me they will deal with the insurance company of the car that hit me from behind.

 

although many of us hate ntuc due to their unreasonable increase of premium

but when came other party claim against you

they will aggressively defend

[Pltang]

shldnt it be claim 3rd party straight away?

[Razer_Blaze]

Do not claim first party... If there's a need to appear in court, so be it... I was involved in this situation... the car behind me bang straight towards me and i surge forward to hit the front car which is a taxi... The insurance of the car that bang me agreed to pay 90% only... I lan lan have to accept as it wont affect my ncb....

 

I think the taxi insurance lawyer is the aggressive type... Just dont accept the 50% liability...

 

I agree with you fully. No matter how long it takes to settle it, have to be firm and stand your ground.

 

Each time the insurance engaged a lawyer, it is money spent.

Each time you say NO, the insurance company have to spend more money to consult the lawyer.

Each time the lawyer send you a Letter Of Demand, the insurance company also have to spend more money.

 

Eventually, the legal fees is going to cost more than the repair cost. In business, this is making a loss.

[Sabbie]

I tot it should be claim 3rd party straight away as it's always the car behind at fault but he is under directasia don't know fortunately or unfortunately...went to a workshop whom promptly say will settle for him and give him a big courtesy car....now the 3rd party claims that he is not at fault as the 1st car jam brake and willing to only accept 50% liability...now my poor fren stuck in the middle don't know what to do....so it means workshop scare cannot get the money and 3rd party trying to play plank la...so wat to do?

[F1f2]

I agree with you fully. No matter how long it takes to settle it, have to be firm and stand your ground.

 

Each time the insurance engaged a lawyer, it is money spent.

Each time you say NO, the insurance company have to spend more money to consult the lawyer.

Each time the lawyer send you a Letter Of Demand, the insurance company also have to spend more money.

 

Eventually, the legal fees is going to cost more than the repair cost. In business, this is making a loss.

 

Can advice, estimated how long we should firm, stand of our ground and not pay the excess of the 1st party?

What i confuse, how about if the damage quite serious, car can be driven, but not convenience to drive (example: some part will drop if say speed more then 60Km)

Because if say wait 3-4 month, there is no new too and we need the car, the only option is pay the excess, that most of time, they will say, will be get payback from the 3rd party.

[Pltang]

I tot it should be claim 3rd party straight away as it's always the car behind at fault but he is under directasia don't know fortunately or unfortunately...went to a workshop whom promptly say will settle for him and give him a big courtesy car....now the 3rd party claims that he is not at fault as the 1st car jam brake and willing to only accept 50% liability...now my poor fren stuck in the middle don't know what to do....so it means workshop scare cannot get the money and 3rd party trying to play plank la...so wat to do?

 

when he reported the incident, doesnt both party insurance need to access the damage before repair?

[Sabbie]

when he reported the incident, doesnt both party insurance need to access the damage before repair?

 

Yes, surveyor went down already, no dispute on the costs but dispute on the liability, workshop say if 3rd party dun pay then my fren also lan lan....so better to claim 1st party first....at most pay 600 and lose ncb....if claim 3rd party and they refuse to pay can lose up to 8000

[Chucky2007]

I dun think my fren would accept the 50% liability, the issue is the workshop ask him to claim 1st party first and then they will help him to with the 3rd party recovery...according to them it is safer as he just need to pay the excess and temporily lose his NCB, if he fight for 3rd party and he loses, he may end up paying 8k...

Actually this is true. when the car that caused accident insurer refused admitting liability(which is SOP), i went ahead to claim my own insurance, paid the excess and start the repair. Then i prduced the evidence to my insurer and they claim for the portion which they paid to workshop.. n my workshop help me claim the excess n lost of use. After 10month, claim settled n i got my excess n lost of use portion back but my insurer haven't gotten their portion back. But i dun.care as most important is that my insurer returned my ncb n acknowledge that i m not at fault

[Sabbie]

Actually this is true. when the car that caused accident insurer refused admitting liability(which is SOP), i went ahead to claim my own insurance, paid the excess and start the repair. Then i prduced the evidence to my insurer and they claim for the portion which they paid to workshop.. n my workshop help me claim the excess n lost of use. After 10month, claim settled n i got my excess n lost of use portion back but my insurer haven't gotten their portion back. But i dun.care as most important is that my insurer returned my ncb n acknowledge that i m not at fault

 

Ic, so that's the only way out? then meanwhile don't change car or dun change insurer if not you will have to pay higher premiums? then what about the rental car portion, now the workshop want to charge for the rental car portion...

[Elessar]

According to BOLA Scenario 28, vehicle behind is 100% liable for losses incurred by the vehicle in front, this is regardless whether the front vehicle jam brake or not because the vehicle behind is supposed to keep a safe distance from the car in front.

 

The car behind (taxi) can only argue to reduce the liability by the fact whether the front vehicle frontal damage is due to him colliding into your friend's vehicle and resulting in your friend's car hitting the stationary truck in front, or your friend himself cannot stop in time. Jam braking shouldn't be cited as a factor at all.

 

Barometer of Liability Chart

[Sabbie]

According to BOLA Scenario 28, vehicle behind is 100% liable for losses incurred by the vehicle in front, this is regardless whether the front vehicle jam brake or not because the vehicle behind is supposed to keep a safe distance from the car in front.

 

The car behind (taxi) can only argue to reduce the liability by the fact whether the front vehicle frontal damage is due to him colliding into your friend's vehicle and resulting in your friend's car hitting the stationary truck in front, or your friend himself cannot stop in time. Jam braking shouldn't be cited as a factor at all.

 

Barometer of Liability Chart

 

if that's the case, why is the insurance company behind denying full liability? making it a hassle for everyone involved should my fren write to public forum and shame this company?

[Razer_Blaze]

Can advice, estimated how long we should firm, stand of our ground and not pay the excess of the 1st party?

What i confuse, how about if the damage quite serious, car can be driven, but not convenience to drive (example: some part will drop if say speed more then 60Km)

Because if say wait 3-4 month, there is no new too and we need the car, the only option is pay the excess, that most of time, they will say, will be get payback from the 3rd party.

This can take up to 2 years. If you have to take the 1st party claim and claim the 3rd party later,

by all means go ahead as you need the car in the first place or it is badly damage.

 

Base on my experience, I was driving a Honda City and it got rear ended.

I claim 1st party and claim the 3rd party later as the other party refuse to admit his liability and did not report.

When it comes to renewal, my premium cost more than the premium for a WRX

even though my NCD was not affected. no other insurance company is willing

to cover my car as the case is still not settled.

 

In the end I have to give my car.

[SimonTan]

What for we pay expensive insurance.

What a load of scam from the various parties....taichi masters.