Hit By Driver Without License

[Count-Bracula]

Youngsters nowadays damn jialat.

[Cavver]

the accident happen at expressway. heavy traffic.

the front car slowing down, i also slowing down.

me and front car, there is about half car length distance, then complete stop due to heavy traffic. suddenly bump by a car at the back which push my car and bump front car slightly.

it is consider a minor accident. nobody injured.

 

back car driver come down immediately apologize, look about 25 years old young man and look nervous. he said he didnt bring ic and didnt bring car license. he wanted to private settlement.

 

but 1st car dont want private settlement, he wanna claim insurance, and 1st car went off.

 

me (2nd car), i cannot private settlement, so i told him i need to claim his insurance. he keep on begging me to private settlement. i said chain collision, if 1 party claim, all will need to claim.

 

i took down his car plate, take photo and stuff. LTA also came assist. then i went off wanting to claim his insurance.

 

later that day, police called me said that the driver that hit me got no license, ask me to make a formal police report, provide evidence and probably be a witness. LTA probably alerted police after talking to that last car guy.

 

shit man, after some reading, i realize since that driver no license, i cannot claim the last car insurance. and the 1st car will claim my insurance.

 

now, i am at a lost.

if i claim my own insurance for the repair, can i ask my insurance company to help sue the unlicensed driver?

or do i need to engage a random lawyer to sue the unlicensed driver myself?

 

it is a very straight forward case, he bump my rear, head to rear.

if civil suit, will the legal cost be high? can i include my legal fee in the damages. bcos 1st car claim my insurance, i also need to include that in the damages.

 

1st car claim my insurance and if i claim my own insurance in this circumstances, will my NCD be affected? i am not at fault at all.

 

Not your fault why worry ? Let Police and Insurance coy handle, you are insured for the reason. Be firm on your stand, there are others thing in life for you to enjoy or worry about.

[Pelican]

Yo bro, is this the youth? Police is looking for him.

 

http://singaporeseen.stomp.com.sg/singaporeseen/this-urban-jungle/police-seeking-for-information-about-youth-driving-car-without-licence-posted-on

not this youth.

the guy hit me has already being reported, called up by the police and went to take statement.

 

 

Is insurance coverage that complicated?

No license is for police to deal.

The other car should be insured?

Not your fault why worry ? Let Police and Insurance coy handle, you are insured for the reason. Be firm on your stand, there are others thing in life for you to enjoy or worry about.

for normal case, it is easy, report and claim against the party at fault.

 

but for no license driving and accident.

cannot claim against third party car insurance, because for all car insurance, they only insure authorized driver, and since that driver has no license, it is not a legal driver, hence, an unauthorize driver and that car insurance will not insure whatever damage caused while unauthorized driver driving the car and i cant claim against their insurance even if they are at fault.

 

it is a police case and police will charge him and the car owner, but still i cant claim against their insurance.

 

i hope someone who had experience with such case can provide advise.

my friends all say sue the person, it is easy to say, but no one can advise how to go about it.

who can advise what will be the costs and stuff.

even when i call my car insurance to ask, they only say i need to have civil suit.

 

i am just an innocent party get hit by some reckless unlicensed driver. now i have to waste time and get stress to deal with all the shit.

 

i am sorry for the rant.

Edited January 3, 2015 by Pelican

[Simpleonly]

I guess u shall just go to those lawyer that a specialize in traffic claim n let them settle for u.

 

Depend on who u engage, some of those law firm will also need to be push , for them to follow your case fast else they might also relax relax to work on your case.

 

Good luck bro.

[macrosszero]

If the TS is sure he is not at fault, I can't see why he can't claim against his own insurance policy, and let his insurance company go after someone else for compensation. He has to stump up the excess, but this is a LLST can only say suay kind of thing, perhaps after some time even his NCD will be restored.

[Kangadrool]

Yes, can claim under own policy first. But, some insurance companies may be too lazy to pursue. Instead, they just up your premiums. I think this is what TS fears.

 

Then again, all is water under the bridge now. So, just need to go with the flow. You can self-DIY to pursue, but then it's too exhausting for most people. So, the advice to claim under own policy first could be a better option. But, prepared for higher premium next year even though it's hit by no licence driver. Insurers being insurers are kiasi, kiasu type; they need to provision just in case the no licence driver counter claims you back. May be unthinkable, but could be real. The one who hit you will always claim you jam brakes, etc etc...

 

Also, since no licence driver is not covered by any insurance, he may be "penniless" , your insurer may not be able to recover anything. So, excuse to raise your premiums.........

 

Of course, if they managed to recover, you may get the difference in premium back. That's IF....

 

If the TS is sure he is not at fault, I can't see why he can't claim against his own insurance policy, and let his insurance company go after someone else for compensation. He has to stump up the excess, but this is a LLST can only say suay kind of thing, perhaps after some time even his NCD will be restored.

 

[Strat]

TS, do you have video to proof that you have stopped before the car in the back bumped into you? If you have, it will be easier to refute the cliams by the car in front.

[Kb27]

not this youth.

the guy hit me has already being reported, called up by the police and went to take statement.

 

 

 

 

for normal case, it is easy, report and claim against the party at fault.

 

but for no license driving and accident.

cannot claim against third party car insurance, because for all car insurance, they only insure authorized driver, and since that driver has no license, it is not a legal driver, hence, an unauthorize driver and that car insurance will not insure whatever damage caused while unauthorized driver driving the car and i cant claim against their insurance even if they are at fault.

 

it is a police case and police will charge him and the car owner, but still i cant claim against their insurance.

 

i hope someone who had experience with such case can provide advise.

my friends all say sue the person, it is easy to say, but no one can advise how to go about it.

who can advise what will be the costs and stuff.

even when i call my car insurance to ask, they only say i need to have civil suit.

 

i am just an innocent party get hit by some reckless unlicensed driver. now i have to waste time and get stress to deal with all the shit.

 

i am sorry for the rant.

 

Yeah, the car insurance won't pay. Bcuz it's not in their clause to insure unauthorised driver.

It's like getting hit by a drunk driver. Insurance won't pay.

 

Usually, you need to file a civil suit.

 

 

Edited January 4, 2015 by Kb27

[SuPerBoRed]

TS, do you have video to proof that you have stopped before the car in the back bumped into you? If you have, it will be easier to refute the cliams by the car in front.

True! First car cannot claim agst u if TS came to a full stop. TS hv video?

[Celicar]

 

Yeah, the car insurance won't pay. Bcuz it's not in their clause to insure unauthorised driver.

It's like getting hit by a drunk driver. Insurance won't pay.

 

Usually, you need to file a civil suit.

This is really strange. So in the whole scenario, TS has to bear the consequences instead of the owner of the car that the gin na drove? I thought the insurance is tied to the car, that's why change car need to change insurance? Perversely, it seems the best to get someone to take the insurance and I drive the car but I not named as authorised driver, or I take out the insurance and only name my great grandfather as the sole driver, then if anything happen it is whether the other party both to start court case or not, ridiculous right. There is a breach of the insurance (only named drivers can drive the insured car) and yet if the person heck care and let everybody drive, insurance company don't bother if something happen?

[Kb27]

This is really strange. So in the whole scenario, TS has to bear the consequences instead of the owner of the car that the gin na drove? I thought the insurance is tied to the car, that's why change car need to change insurance? Perversely, it seems the best to get someone to take the insurance and I drive the car but I not named as authorised driver, or I take out the insurance and only name my great grandfather as the sole driver, then if anything happen it is whether the other party both to start court case or not, ridiculous right. There is a breach of the insurance (only named drivers can drive the insured car) and yet if the person heck care and let everybody drive, insurance company don't bother if something happen?

 

That's the way insurance coverage works.

 

I also hear stories of taxi uncles hitting another car and when he smells alcohol on the other party, he'll attempt to wake the driver and give him water to cover up any drunk driving, so he can settle his insurance claim.

[Eyke]

True! First car cannot claim agst u if TS came to a full stop. TS hv video?

 

u hit pple backside, u is fault coz y u no keep safety distance?

 

if u like to smell front car backside all the time, sometimes u'll end up kissing it...

[Throttle2]

Whats the estimated amount of damage for your car? I hope not too much.

 

At this point, you either claim your own insurance or pay it yourself if its a small amount.

 

I dont think the silly idiot who hit you has the money nor the integrity to pay up. So before you spend anymore money chasing a lost cause, take a breather first.

 

Good that you are not hurt physically.

Thats the most important.

[SuPerBoRed]

 

u hit pple backside, u is fault coz y u no keep safety distance?

 

if u like to smell front car backside all the time, sometimes u'll end up kissing it...

From what i heard from a colleague with a similar incident.. he proved that is car came to a complete stop already.. first car can only claim 3rd car. In this case. . Wld solve TS problem.

[keanie]

Dear TS,

Sorry to hear u involve in a 3 cars accident n d 3rd car driver got no Licence.

I was involved in a 3 car accident some time ago. My is middle car. Though my car did stopped in time but becos of d push from 3rd car, I still knocked on d front car. My insurance co told me as long as my liability is not more than 20%, my NCD will not be affected. My insurance co pursued n succeeded in it. so d 3rd car bear 80% of d damages.

But, ur case is a bit complicating as d driver of d 3rd car is not a licensed driver. Generally speaking, he got no business to drive a car. So, d insurance coverage is not applicable to him. The 1st car will claim against u & u against ur own insurance. Meanwhile, u got to pursue a civil case against d unlicensed driver n d owner. Am sure, u insurance co can help u engage a good lawyer. Same time, negotiate with ur insurance, if they can be reimbursed 80% from d civil suit, ur NCD will be re-instated. Good lucks.

Edited January 4, 2015 by keanie

[Spock]

All motor insurance policy must cover 3rd party claims. it is covered by law. For this case, 2nd car insurance company will claim against 3rd car insurance company. 3rd car insurance company is liable to compensate.

 

Separately, the 3rd car insurance company will go after the 3rd car owner and will say that 3rd car owner has violated the insurance policy agreement by letting unlicensed driver use his car and the 1st party claim is no longer valid. The insurance company will send legal claim to 3rd car owner to get back the money paid to 2nd car insurance company and the legal fees it incurred and they will terminate the insurance.

 

So, 2nd car owner and 2nd car insurance company is protected.

 

 

 

 

[Simplecar]

The owner who lent the car to the unlicensed driver will have to take the rap as well. Otherwise, this becomes a loophole. Similarly, if hit by someone DUI, victim insurance should do the necessary legwork to claim against the DUI driver, protecting the victim as if the victim car was hit by licensed driver.

 

To say that a victim is on his own seems incongruous to me. Anyone with such experience can share?

[Thedecemberone]

If u hv rear camera images, even better to justify for insurance claim.

 

I have now installed both front and rear car video camera. Thanks to Transcab. The cab driver apologised as he was in a hurry to pick his friend. But in the police report that MF claimed I switched lane suddenly and he cannot stop in time. The best part was he found a phantom passenger as witness to the accident when all along there is no passenger in the cab. Even the photos I took showed the Green "For Hire" light was turned on. My wife was scared like hell when he rear ended my car along AYE towards town. I reported to insurance company and told them to refer to traffic monitoring camera at lamp post #300 to see for themselves whether it's true. But my CB insurance company chose to believe their story and settle out of court with them and ended up 50/50. So stupid insurance company. I initially wanted to take civil action against the cab driver but since I was not penalised by the insurance company with NCB, I left it as it was.

 

After that accident I purchase 2 cameras for both front and rear. The rear one will remind potential dangerous drivers to keep their distance.

 

Back to subject, the owner of the vehicle that rear ended you should also be responsible for allowing the car to be driven by someone without a driving licence. If that someone so happen to the son of the car owner, then good luck to him/her. In any event, it will be a civil suit against the driver who rear ended you. You have a strong case bro.