3rd party insurance claim

[X5actor]

Trying to find out for a friend what is current practice:

 

Straight-forward minor RTA (road traffic accident) - friend got rear-ended by another car along the expressway. Rear bumper slightly dented in the middle; paint scratched and chipped off. Rear car damages were all in the front and number plate also dropped. Rear car driver admitted his fault and both drivers made report to their respective insurance companies.

 

I have read here how the insurance claims worked between a third party claim and claiming against own. But what I hope to know is:

 

1. Can the third party insurer reject the claim; or agree to only partial claim in this case? (my friend wants to make full claim against the third party and wants a new original rear bumper done by AD only) 

 

2. If third party rejects full claim (maybe due to high cost), or agrees to only partial claim for paint job, what can my friend do?

 

3. If third party agrees fully to 100% claim, is there a deadline that they must stick to make the payment to the workshop/AD? Or, can they delay for a long time because the workshop/AD will only start to repair when third party make a commitment to pay them. 

 

Hope to understand more here.

 

Thank you.

An update

 

Spoke to my friend who found out that:

 

1. The third party insurer CANNOT reject liability of a legitimate claim, unless there's reasonable and legitimate reason(s) to do so. Thus, under normal circumstances, and guided by the "Barometer of Liability Chart" (BOLA), insurers have a legal obligation to respond to a legitimate claim. Otherwise, why are we paying them to insure us for?

 

2. The third party insurer MUST honor full compensation as long as the degree of damage(s) warrants full replacement of damaged part(s), and both parties' accounts of the RTA synchronize. If there's any dispute to the how the RTA happened, then the insurers will refer to the BOLA to determine weights of liability and amount of compensation. The insurance surveyor, who can be independent of in-house, will be the one to determine if the damaged part(s) need to be replaced or repaired only. Mostly for straight-forward and non-conflicting cases, and when the vehicle is still new, the damaged parts will mostly be replaced.

 

3. There is no specific dateline determined but any part of the claim and repair process has to be within reasonable periods.

[X5actor]

In my friend's case, the third party insurer actually accepted the claim from the AD almost immediately after the other driver lodged an insurance report. The driver admitted that he rear-ended my friend's car along the expressway. According to my friend, the surveyor from the third party insurer had taken photos of the damages on his car and had responded to his AD agreeing to replacement of damaged parts with new and original parts, including all other expenses such as lost of use and compensation to coating of the rear bumper. All in all, estimated claim was about $5K.

 

The AD had placed orders for his new bumper and some other related parts and all works should be done by early to mid July.

 

 

[Saxgoh]

was involved in a chain collision recently. 

 

Both the drivers in front and behind me me wanted to do private settlement. But the driver behind changed mind after i started the repairs. 

Anyone have such experience before? Any advice?

What are the chances of me claiming against the driver behind?

 

 

I had read about Financial Industry Disputes Resolution Centre Ltd (FIDReC).

Anyone tried doing 3rd party claims via FIDReC before? Any success?

[X5actor]

was involved in a chain collision recently. 

 

Both the drivers in front and behind me me wanted to do private settlement. But the driver behind changed mind after i started the repairs. 

Anyone have such experience before? Any advice?

What are the chances of me claiming against the driver behind?

 

 

I had read about Financial Industry Disputes Resolution Centre Ltd (FIDReC).

Anyone tried doing 3rd party claims via FIDReC before? Any success?

Firstly, was the private settlement written down in black-and-white? Or, was it merely verbal agreement? Secondly, since this is a three-party agreement, what was the opinion of the front driver since the rear driver changed mind? Thirdly, what was the rear driver's final decision, since you said he changed mind?

 

The first 2 qns are inter-related. If it was only verbal agreement, the front can be your witness against the rear. And since you mentioned the rear changed his mind, I am guessing he now wants you to claim from his insurance instead, correct?

 

I'm not sure how this is going to work out, since you had started repairs, but I will immediately lodge an insurance report and make a third party claim (first) against the rear. I will explain why the delay to lodge the report citing an initial private settlement agreement and that the rear changed mind, and get understanding from the front to vouch for me.

 

If the third party claim is not possible, try claim from your own insurer and get your insurer to counter claim against the third party.

 

Hope to see more pro advice here.

Edited June 25, 2018 by X5actor

[Saxgoh]

Firstly, was the private settlement written down in black-and-white? Or, was it merely verbal agreement? Secondly, since this is a three-party agreement, what was the opinion of the front driver since the rear driver changed mind? Thirdly, what was the rear driver's final decision, since you said he changed mind?

 

The first 2 qns are inter-related. If it was only verbal agreement, the front can be your witness against the rear. And since you mentioned the rear changed his mind, I am guessing he now wants you to claim from his insurance instead, correct?

 

I'm not sure how this is going to work out, since you had started repairs, but I will immediately lodge an insurance report and make a third party claim (first) against the rear. I will explain why the delay to lodge the report citing an initial private settlement agreement and that the rear changed mind, and get understanding from the front to vouch for me.

 

If the third party claim is not possible, try claim from your own insurer and get your insurer to counter claim against the third party.

 

Hope to see more pro advice here.

 

 

The driver agreed over Whatsapp conversation.

 

I have since settled privately with the driver in front. Yes, the driver in front could be a witness.

Rear driver's final decision was to claim from insurance.

 

Yes, the problem now is whether i claim own insurer or third party insurer, both will want to survey the damages first, which is not really possible, since the repair is almost completed...

 

And worst, i've to liaise with the third party insurer on my own cos my regular workshop dun want to help.

[Apple-Tree]

Oh, I think 3rd car WS vs INCOME. INCOME said if receive lawyer letter, sent to them. 

 

Yes.  Last car paid for my repair. 

 

U see, in a chained collision, you need to deal with the front and back insurer if you are not the first and last.

 

 

 

  

wow..hahaha..confusing but I think I can understand a bit..

 

- Third car wanted to claim u 32K but your insurer only offered 18K;

- Third car refused to accept 18K offer and offer lapsed; and

- You claimed 5th car 42K and their insurer accepted and compensated full amount.

 

So, third car had to deal with his own loss? And 5th car paid for all your repair costs?

 

[X5actor]

Oh, I think 3rd car WS vs INCOME. INCOME said if receive lawyer letter, sent to them. 

 

Yes.  Last car paid for my repair. 

 

U see, in a chained collision, you need to deal with the front and back insurer if you are not the first and last.

I see. It also depends. If the front car is only claiming your insurance and not his, you don't need to deal with the front's insurance. You will only need to deal with the front's insurance if the driver is claiming against his own.

[X5actor]

The driver agreed over Whatsapp conversation.

 

I have since settled privately with the driver in front. Yes, the driver in front could be a witness.

Rear driver's final decision was to claim from insurance.

 

Yes, the problem now is whether i claim own insurer or third party insurer, both will want to survey the damages first, which is not really possible, since the repair is almost completed...

 

And worst, i've to liaise with the third party insurer on my own cos my regular workshop dun want to help.

Good that you had the understanding of the front. I think the problem now lies with the insurance companies. On this, you will have to check with your own insurer, as well as the other party's (rear), what is their policy when it comes to such a situation, i.e. repair works had been carried out prior to a report lodged. Will the insurance companies still honor the claims? 

 

If your workshop (WS) happens to be listed as either of the company's authorized workshop, you are lucky. Then there should be grounds for negotiation, if not, it may be a little tricky. What I think you can do now is to approach your own insurer and see what they can help; IMO they should. The third party insurer is unlikely to entertain you unless the rear takes extra step to talk to them since he was the one who broke the agreement of a private settlement. There is also a chance that the rear is now claiming against his own insurer, so this is as good evidence that you were the victim of his damage. 

 

So, check with your insurer first and quickly lodge a report with them. Get your witness to standby in case he is needed for verification by your insurer on the breach of verbal agreement. Then take the next steps as it comes. At the same time, get your WS to detail out the repair works and produce a receipt for it. I'm sure you will have all your necessary photos of the damages which your insurer may need.

 

Good luck and keep us posted.

Edited June 26, 2018 by X5actor

[Unfair]

For cases that are not clear cut, how long before they can assess liability ?
I just got involved in a head to head collision with a car that was partially in my lane when i was going upramp.

[Saxgoh]

For cases that are not clear cut, how long before they can assess liability ?

I just got involved in a head to head collision with a car that was partially in my lane when i was going upramp.

 

Do you have car camera to proof that car was partially in your lane? Or photos after impact? Does it show the car enroaching into your lane?

And even if you are able to proof it, are you able to proof that you cannot see the car coming to you? If not, then really very hard to fight.

 

The other party will pile you with questions like why you see already you didn't honk or stop?

 

They have 48 hrs to assess your damage.

But as for liability, my personal experience was 2 yrs+.

Having said that, i've read cases that stretches 4-5 yrs...

[Unfair]

Do you have car camera to proof that car was partially in your lane? Or photos after impact? Does it show the car enroaching into your lane?

And even if you are able to proof it, are you able to proof that you cannot see the car coming to you? If not, then really very hard to fight.

 

The other party will pile you with questions like why you see already you didn't honk or stop?

 

They have 48 hrs to assess your damage.

But as for liability, my personal experience was 2 yrs+.

Having said that, i've read cases that stretches 4-5 yrs...

 

Wah, luckily i have image of the car in my lane and video of me stopping whilst other car continue moving and hit me.

 

I wonder what changes in the 2 yrs, just simply both sides dont agree ? Cause there is nothing much else to investigate.

 

[Saxgoh]

Wah, luckily i have image of the car in my lane and video of me stopping whilst other car continue moving and hit me.

 

I wonder what changes in the 2 yrs, just simply both sides dont agree ? Cause there is nothing much else to investigate.

 

 

 

For my case, no video evidence what so ever. The guy came out from the slip road and side swipe me. i ended up in front of him on the side on the road. 

 

He reported that i switched into his lane while he was turning out.

 

So for the 2 years, both insurers were trying to figure the best assignment of liability.

I finally accepted a 20% liability as it was dragging way too long .

[Unfair]

For my case, no video evidence what so ever. The guy came out from the slip road and side swipe me. i ended up in front of him on the side on the road.

 

He reported that i switched into his lane while he was turning out.

 

So for the 2 years, both insurers were trying to figure the best assignment of liability.

I finally accepted a 20% liability as it was dragging way too long .

In this case, did you have to pay your excess and claim own damage for the 20%?

Or the markup by workshop helped to cover ?

 

The GIA should really clamp down on insurers trying to waste time and affecting us.

[Saxgoh]

I paid excess and claim own policy for the 20%. But NCD not affected.

 

 

[RogerNg_185295]

Your personal experience was based on which insurance company?

Do you have car camera to proof that car was partially in your lane? Or photos after impact? Does it show the car enroaching into your lane?

And even if you are able to proof it, are you able to proof that you cannot see the car coming to you? If not, then really very hard to fight.

 

The other party will pile you with questions like why you see already you didn't honk or stop?

 

They have 48 hrs to assess your damage.

But as for liability, my personal experience was 2 yrs+.

Having said that, i've read cases that stretches 4-5 yrs...

 

[Apple-Tree]

OK. I gone to www,gia.org.sg and downloaded this brochure lor.  Some you like very very confuse leh.

 

Please help to read up lor.  Will help you one if U ever need it.

 

 

MCF_Brochure.pdf

[Saxgoh]

was involved in a chain collision recently.

 

Both the drivers in front and behind me me wanted to do private settlement. But the driver behind changed mind after i started the repairs.

Anyone have such experience before? Any advice?

What are the chances of me claiming against the driver behind?

 

 

 

I had read about Financial Industry Disputes Resolution Centre Ltd (FIDReC).

Anyone tried doing 3rd party claims via FIDReC before? Any success?

Update to my claims

 

The claims against third party seems to be accepted. I was asked to sign and return a letter of discharge from the third party insurer.

 

Is it a norm to sign letter of discharge before getting the claims?

[Sci10213]

Update to my claims

 

The claims against third party seems to be accepted. I was asked to sign and return a letter of discharge from the third party insurer.

 

Is it a norm to sign letter of discharge before getting the claims?

 

It's a Discharge Voucher.

 

In gist, it means that you (i.e. the claimant) agreed NOT to hold the insurer and/or their insured liable for any further claims arising from this accident, by accepting their offer and/or payment.

 

If you accept/sign, they proceed with payment as full and final settlement.

If you don't accept, they deem that you don't agree and the case is put on hold for further negotiations or whatsoever.

Update to my claims

 

The claims against third party seems to be accepted. I was asked to sign and return a letter of discharge from the third party insurer.

 

Is it a norm to sign letter of discharge before getting the claims?

 

It's a Discharge Voucher.

 

In gist, it means that you (i.e. the claimant) agreed NOT to hold the insurer and/or their insured liable for any further claims arising from this accident, by accepting their offer and/or payment.

 

If you accept/sign, they proceed with payment as full and final settlement.

If you don't accept, they deem that you don't agree and the case is put on hold for further negotiations or whatsoever.