Third Party Claim - need advice urgently

[Holyarmer]

Hi, I got into an accident last Thursday. As this was my first accident, I'm not sure what to do. Would appreciate some advise here..

 

What happened on Thursday was this delivery lorry in front of me suddenly stopped and reversed into my bumper, causing damage to my bumper and bonnet. I made a report already (albeit late). I went to this random workshop near my house and the cost of repair is $350. That bugger admitted that he was at fault and offered to pay $200 to settle privately, but the payment never came. He has stopped picking up my calls so I think it's safe to assume that he no longer wants to settle it privately.

 

Making a claim against my own insurance is not worth it because my excess is $600. Now I have 2 options - either to bear the cost of repair myself or file a third-party claim against him. The workshop I went to advised the latter. He said if I decide to pursue a TP claim, I'll only have to pay $350 if I lose and if I win, I don't have to pay a single cent. The latter option sounds more appealing to me because I wish to teach that bugger a lesson, but my only concern is do I have to bear the inflated cost of repair if I lose my claim?

 

Also, how troublesome would the TP claim become? I understand I need to appear in court and be interviewed by the lawyers, but are there other commitments? It's also rumoured that making a TP claim would increase your premium - is this true?

 

Is there a difference in making a TP claim with a workshop authorised by NTUC Income (my insurer) and one that is not?

 

Hope those with experience can share! Thanks.

Edited January 15, 2012 by Holyarmer

[Nzy]

Did you report to your insurer within 24hrs? You are supposed to report within 24hrs even if you are not claiming.

 

Secondly do you have any proof or did he write down in black and white that he reversed into you and not you hit him from behind? If no proof then he can just change his words and say you rear ended him instead.

[Friendstar]

i think just pay and forget the episode.

 

u have no case.

 

 

and pray that he doesn't make any claims on ur insurance

Edited January 15, 2012 by Friendstar

[5936]

I do agree with Nzy and friendstar's comments.

 

Do both of their advices.

[Jefkking]

He will never pay you as he back-off as:-

- you're behind him (unless you have Video to proof his fault; not photos as not strong proof & he can claimed that you hit him from rear and counter claim aganist you for damages)

 

- do you have his BLACK & WHITE STATEMENT of his admit of fault at time ?

 

My advice is still go & log a Report (despite after 24 hrs) with your Insurance firm and you will still loose up if that driver make a claim against you (After all, you're at rear of his motor vehicle & you may lost youre NCD too)

 

Don't repair at your own costs until your car been acess by your Insurance Surveyor. (Try to report to your Insurance tml as Lunar New Year is around the corner & likelihood may not in time to repair your damaged portion)

Edited January 15, 2012 by Jefkking

[Holyarmer]

Hi all, thanks for the advice. I made a report earlier today.. Also sent an appeal email to my insurer to waive the late report penalty on my NCB.

 

Is there really no case at all? I know there is a presumption that the car at the back is the one at fault, but I still feel damn bui song this crook manage to get away scot free.

 

What do you mean inspection by my insurance surveyor? It's different from the guy at IDAC right? So my insurer will contact me to inspect my car?

Edited January 15, 2012 by Holyarmer

[Dark]

Hi all, thanks for the advice. I made a report earlier today.. Also sent an appeal email to my insurer to waive the late report penalty on my NCB.

 

Is there really no case at all? I know there is a presumption that the car at the back is the one at fault, but I still feel damn bui song this crook manage to get away scot free.

 

I presume you do not have any witnesses or black-and-white, unfortunately in that case you are at the losing end.

 

To be honest, in your case, it will be a blessing if the lorry did not make a claim against you.

 

Try talk to your insurance co and get their advice what is the best way to settle this case.

[Scamp1]

Yeah, its best if you all want to have a private settlement, write a black and white letter stating it was the lorry driver fault. With all his details and how it happen with his signature.

 

 

[Jefkking]

By right, your Insurance firm should have inform you when their appointed Surveyor will check on the damaged of your ride after your Report ? Did they ? So that you'll be given the costs of the damaged of your ride after then. You can also ask the surveyor for opinion is it posisble not to claim your ride's repair cost under your own policy ? Chances of the damaged claim from the other party ? (Any photos of damages of the other vehicle ?)

[Holyarmer]

Ok he has transferred me $200. He doesn't want to sign a private settlement agreement with me though.

 

The lorry has no visible damage arising from the accident.

 

My insurance company hasn't contacted me to survey my vehicle. I'll probably go ahead with the repairs on Thursday.

[Sp4wn]

well, IF im not mistaken (and im not a lawyer), but by transferring $200 to you, he is admitting some fault at least. (if a judge was presiding ... the judge would ask WHY he transferred the money to you ... he couldnt have paid you if you had hit him right?). logically, it makes sense, but keep your fingers crossed and close the matter after (and pray he doesnt change his mind and claim against you).

[0wnage]

Ok he has transferred me $200. He doesn't want to sign a private settlement agreement with me though.

 

The lorry has no visible damage arising from the accident.

 

My insurance company hasn't contacted me to survey my vehicle. I'll probably go ahead with the repairs on Thursday.

 

The payment of $200, though somewhat an admission of guilt, cannot be used to show that he was at fault.

Furthermore, the payment would have shown that a mutual agreement between you and the other driver was made.

 

I would advise you to get a car dvr for your own protection and to safeguard your own interests in future.

The video evidence would help you in claims and in situations like this; you can claim from the other party's insurer and not having the need to settle privately and getting paid less that what your repairs would cost.

 

[Y0shimi]

Had encountered this issue and heard that it is a common practice. 

 

A got involved in an accident where he was hit by B. 

A seen a doctor for a fracture and appointed a law firm to represent him. 

Law firm submitted all the claims documents to B insurance. 

 

B's insurance skipped the lawyer and contacted A directly for a settlement. 

A received documents with offer and discharge voucher which direct him to sign and return the document. 

A called lawyer to check and was told to ignore the latter. 

Much later, A's lawyer settled the claim. 

A received a settlement cheque made in his name from B's insurance again. 

A's lawyer called A and said it is inclusive of the law firm's legal costs and disbursements. 

 

A ended up having to do all the chores of depositing the cheque, issuing a new cheque and bring it to the law firm. 

 

Question,

1. Is B insurance allowed to contact A directly when A is represented? 

2. Shouldn't cheque be made to A's law firm instead of A since A had appointed a lawyer for the matter? 

3. Is there any breach by B's insurance to contact A directly? 

4. What will happen if unbeknownst to A about procedures and A went ahead to settle the claim directly in B's insurance?

 

     

[t0y0ta]

 

 

Question,

1. Is B insurance allowed to contact A directly when A is represented? 

2. Shouldn't cheque be made to A's law firm instead of A since A had appointed a lawyer for the matter? 

3. Is there any breach by B's insurance to contact A directly? 

4. What will happen if unbeknownst to A about procedures and A went ahead to settle the claim directly in B's insurance?

 

 

1) B insurance will try their luck to talk to blur layman... easier to con...I don't think there is anything illegal about this.

2) In an ideal world yes, but just say prayer that you got your money and don't ask for the sky lah.

3) Why cannot contact, you think this is murder suspect meh?

4) He will slightly screw himself up, maybe the settlement terms are lousy or the letter he sign have some hidden clauses that disadvantage him lor. But that is too bad. He will still need to pay his lawyer regardless.

[Y0shimi]

1) B insurance will try their luck to talk to blur layman... easier to con...I don't think there is anything illegal about this.

2) In an ideal world yes, but just say prayer that you got your money and don't ask for the sky lah.

3) Why cannot contact, you think this is murder suspect meh?

4) He will slightly screw himself up, maybe the settlement terms are lousy or the letter he sign have some hidden clauses that disadvantage him lor. But that is too bad. He will still need to pay his lawyer regardless.

3. I know if lawyer and lawyer, there is this something Legal profession act that dun allow them to contact each other clients. But I am surprised that it dun apply to other scenarios. So which means anyone can just call A and say anything and try to make him say the wrong thing and use it against him? Liddat why appoint lawyer sia 

[Galantspeedz]

3. I know if lawyer and lawyer, there is this something Legal profession act that dun allow them to contact each other clients. But I am surprised that it dun apply to other scenarios. So which means anyone can just call A and say anything and try to make him say the wrong thing and use it against him? Liddat why appoint lawyer sia 

 

is B insurance contact A or B insurance contact A?

 

B insurance is trying to save cost by proposing a settlement, if not interested to settle than ignore lor... 

[Y0shimi]

is B insurance contact A or B insurance contact A?

 

B insurance is trying to save cost by proposing a settlement, if not interested to settle than ignore lor... 

is B insurance contact A or B insurance contact A? - ???? got diff????

 

but the fact that they are fully aware of the representation why bypass the lawyer sia