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How Do You Prove Intent of Malice in this Car Incident


Royho1979
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If both TS and the Van driver can together make a police report about the Honda driver's action and also at the same time to their Insurer, things might help..

 

Van might come equip with in-car cam, did u check with the Van driver??

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Did the police come? maybe if they question him about the accident (really question him, not just ask for a written statement) he might say something stupid?

 

At the least, wouldn't he need to explain why he stopped there?

 

Although can stop for whatever reason or make something up - that doesn't mean it was convincing when he told the TP, maybe he didn't think fast enough, or is a bad liar or whatever.

 

If there is a strong indication that he deliberatly jammed brakes then you might be able to get some satisfaction.

 

because he got hit in the rear thus he had to stop.... logical?

 

note: we are talking about explanation to police and not what really transpired

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lets hope one day accord jam brake on a:

 

1) MY Lowlee

2) driven by a drunkard

3) who is a bankrupt

 

[laugh]:D[laugh]

 

confirm chui :ph34r:

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Neutral Newbie

Background.

 

I was involved in an incident yesterday. A car, Honda Accord cut into a single lane entry in front of me into PIE entrance towards Jurong. He cut in really late and by the time he made his move he had passed the white road separator. I drove defensively, braked, let him pass, honked at him and raised my arms in protest. The driver then went berserk and jammed brake in front of me. I crashed into him and a Van crashed into me. THe crashed happened after 20 metres of the entrance, so I had already let him into the entry and was not being a jerk.

 

 

He intended the accident and the accident happened. The lucky thing is: the vehicle behind me is not a motorcyclist or there could be mortality.

 

Could anyone advise how I can prove his intent without video recording? The Van driver behind me witness the incident and is willing to be my witness. Is he a strong witness?

 

Facts.

 

1) The dent in front of my car is far far worse than behind. From a physics POV, it could discount the possibility that it was the car behind crashing into me that caused my car to ram into the Honda Accord.

 

2) I really want this guy to suffer for his deeds.

 

3) Prior to the incident, the guy cut dangerously into my lane (left most) outside Changi Hospital I let him passed but gave him a short honk because he cut in too close too fast and there were a cyclist in front of him in the lane he is cutting in. That may have upset him, but I stayed in my lane while he cut into the right lane.

 

4) As a result, because he is a serial lane cutter, he realized he is in the wrong lane and cut in dangerously that led to the whole event.

 

TP can give him a fine & demerit pts if u got video & witness but from insurance point of view, you rearending him means its v tough for u not to pay for his damages.. Next time be cool in such situations, many ah bengs on the road..

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That guy was an absolute jerk! He came out shouting saying why I kept honking and gestured at him, as if that gave him the right to jam brake in the middle of a single lane traffic.

 

I tried to explaining but he wouldn't let a word in. I see no point arguing with him. Luckily the Van driver is a reasonable guy after a few attempts at reasoning he gave up, exchanged knowing glances with me while we proceed with the exchange of info for claims.

 

 

is anyone injuried? sometimes, the drivers might experience whiplash 1 or 2 days after accident. if someone has an MC of more than 3 days, then police will step in to investigate.

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Turbocharged

because he got hit in the rear thus he had to stop.... logical?

 

note: we are talking about explanation to police and not what really transpired

 

Can cook up a far better story than that - but he may not be a good liar, or may confuse himself and the police are not stupid.

 

I think all drivers live in eternal hope of this sort of person getting their comuppance and caught in a lie then having to pay all the damage [;)]

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From netural point of view, you could have be perceived as was blocking his previous lane changes that triggered the event?

 

Is a bit strange that you did not review the conversations you had with the fella or perhaps explained what transpired after the accident.

Did other driver confessed pt 4 or it was assumed?

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1st Gear
(edited)

That guy was an absolute jerk! He came out shouting saying why I kept honking and gestured at him, as if that gave him the right to jam brake in the middle of a single lane traffic.

 

I tried to explaining but he wouldn't let a word in. I see no point arguing with him. Luckily the Van driver is a reasonable guy after a few attempts at reasoning he gave up, exchanged knowing glances with me while we proceed with the exchange of info for claims.

 

Did the van driver hear him shouting at you for honking? If the van driver can be your witness, then at least you can show the Accord driver has a motivation to cause an accident and lessen your share of responsibility. The van driver's statement is very important... you better make sure he mention every little detail, honestly of course.

Edited by Jim
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Sorry dude, I would think that any of his ill intent and rash road behavior will be a separate issue from the insurance claim. All kinds of people out there, pretty tough luck that you met one.

 

I must say, even though he is a real jerk, it appears that you use your horn more than once out of angst and frustration instead of trying to avoid an accident by sounding a warning. If someone does that to you on a bad day, you might be agitated enough and do something against your better judgement too.. of course, not saying that you will jam brakes and cause an accident but you know what I mean.

 

Like someone mentioned earlier in the thread, if you use the horn, stay away from his ass!

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I think proving malice is going to be an uphill task. At best it is to be inferred from your version of the facts together with the testimony of the van driver. In any case, I doubt the police would want to interfere, given how lax they are with regard to traffic accidents where no personal injury is involved. Even if they do charge the honda driver, it will be for dangerous driving, which does not require malice. Thinking of private summons?

 

Honestly, did you just raise your arm or did you give the good old finger?

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If both TS and the Van driver can together make a police report about the Honda driver's action and also at the same time to their Insurer, things might help..

 

Van might come equip with in-car cam, did u check with the Van driver??

 

Van dun have

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From netural point of view, you could have be perceived as was blocking his previous lane changes that triggered the event?

 

Is a bit strange that you did not review the conversations you had with the fella or perhaps explained what transpired after the accident.

Did other driver confessed pt 4 or it was assumed?

 

Er.... I was in my lane and I braked to let him into my lane... while he cut across the road divider to come into a single lane slip road...How can I be blocking him?

 

Review conversation? as in taped the conversation down? He was like a freaking maniac... "why you honk and gestured at me!"

 

As for point 4, what I meant is. becaused he zig-zag away in traffic and as a result of such a driving pattern, he did not filter left into the slip road and cut in .

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Er.... I was in my lane and I braked to let him into my lane... while he cut across the road divider to come into a single lane slip road...How can I be blocking him?

 

Review conversation? as in taped the conversation down? He was like a freaking maniac... "why you honk and gestured at me!"

 

As for point 4, what I meant is. becaused he zig-zag away in traffic and as a result of such a driving pattern, he did not filter left into the slip road and cut in .

 

you should get one of this:

 

http://www.amazon.com/GoPro-HD-HERO2-Motor...7565&sr=8-1

 

the vanner makan all responsibility liao :ph34r:

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4th Gear

Er.... I was in my lane and I braked to let him into my lane... while he cut across the road divider to come into a single lane slip road...How can I be blocking him?

 

Review conversation? as in taped the conversation down? He was like a freaking maniac... "why you honk and gestured at me!"

 

As for point 4, what I meant is. becaused he zig-zag away in traffic and as a result of such a driving pattern, he did not filter left into the slip road and cut in .

I just nearly get into the same situation as you when I'm driving home.

 

I was going up the merging slip road towards ECP when a school passenger van squeezed on my left. I quickly steer to go into the chevron on the right and stepped on my brakes to let him passed. Not sure what the driver was thinking with a load of school children on his van....... [furious]

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Seen this type of accident before and if it's about insurance claim, nowadays, it's almost based on luck. Insurance company do barter trade on cases, like you absorb this and I absorb that blah blah blah. So it maybe his fault, the insurance claim maybe against you.

 

I think if the van driver is willing to make statement and made the same report as you, then the trouble maker will be at fault. Since there is no casualty, can't really involve any criminal charge.

 

I do hope he gets what he deserve but people like this never learn.

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