Third Party Claim Query

[kelaihoyin]

Hi All,

 

Recently I was met with this incident, Long story short:

 

Nissan guy side swiped me as he was going straight on a RIGHT TURN only lane. I was on his left. Evidence from front and back cam submitted to my workshop and claiming third party.

 

Both side reported accident but according to workshop he said that the other side is refusing to admit fault and insisted that I turned into him which the video clearly says it isn't. Workshop mentioned the third party insurance persuaded the driver to admit liability but he refused so now the process is stuck. 

 

Workshop told me that if the Nissan driver refuses to admit fault there is nothing we can do.

 

But if the other party has already reported the accident and evidence is secured shouldn't the third party insurance determined whether whose fault is it and deciding liability instead of needing the driver to admit his fault? 

 

Appreciate if anyone can advise on this because a simple side swipe like this already dragged on for 2 months. Seems pretty much a way for insurance company to drag out the case until you give up in the claiming process.

[Mcf777]

LLST.

Insurance company or the culprit always chut pattern.

 

Best way is to call Ambulance at that time of incident, to report not feeling well. Police will also arrive and take statement.

 

No way for the culprit to run.

 

Or post the video to shame him and let those that know him, what a prick he is.

[Enye]

  On 10/5/2018 at 9:17 AM, kelaihoyin said:

Hi All,

 

Recently I was met with this incident, Long story short:

 

Nissan guy side swiped me as he was going straight on a RIGHT TURN only lane. I was on his left. Evidence from front and back cam submitted to my workshop and claiming third party.

 

Both side reported accident but according to workshop he said that the other side is refusing to admit fault and insisted that I turned into him which the video clearly says it isn't. Workshop mentioned the third party insurance persuaded the driver to admit liability but he refused so now the process is stuck.

 

Workshop told me that if the Nissan driver refuses to admit fault there is nothing we can do.

 

But if the other party has already reported the accident and evidence is secured shouldn't the third party insurance determined whether whose fault is it and deciding liability instead of needing the driver to admit his fault?

 

Appreciate if anyone can advise on this because a simple side swipe like this already dragged on for 2 months. Seems pretty much a way for insurance company to drag out the case until you give up in the claiming process.

workshop want bao jiak earn money

 

they will not proceed until they confirm can claim from other party

 

so either wait or tell them you will pay upfront first and absorb whatever that cannot be claimed back

 

 

[t0y0ta]

  On 10/5/2018 at 9:17 AM, kelaihoyin said:

Hi All,

 

Recently I was met with this incident, Long story short:

 

Nissan guy side swiped me as he was going straight on a RIGHT TURN only lane. I was on his left. Evidence from front and back cam submitted to my workshop and claiming third party.

 

Both side reported accident but according to workshop he said that the other side is refusing to admit fault and insisted that I turned into him which the video clearly says it isn't. Workshop mentioned the third party insurance persuaded the driver to admit liability but he refused so now the process is stuck. 

 

Workshop told me that if the Nissan driver refuses to admit fault there is nothing we can do.

 

But if the other party has already reported the accident and evidence is secured shouldn't the third party insurance determined whether whose fault is it and deciding liability instead of needing the driver to admit his fault? 

 

Appreciate if anyone can advise on this because a simple side swipe like this already dragged on for 2 months. Seems pretty much a way for insurance company to drag out the case until you give up in the claiming process.

 

2 months is long? please lah... most of such claims can drag on multi-months, even years.

 

Don't just think that because you have camera, you confidently just walk away and claim. Best while he shell-shocked, quickly draft out a statement on white paper stating what has happened (state that his fault) and quickly press him to sign.

 

After he go home, drink water calm down and then call his buddies to ask, he will know that he can chut pattern and disrupt justice easily. Do not be surprised if he suddenly now produce 3 x witness working around that area or claiming to pass by who now confirm his side of story... anything can be arranged.

[kelaihoyin]

  On 10/5/2018 at 10:47 AM, t0y0ta said:

2 months is long? please lah... most of such claims can drag on multi-months, even years.

 

Don't just think that because you have camera, you confidently just walk away and claim. Best while he shell-shocked, quickly draft out a statement on white paper stating what has happened (state that his fault) and quickly press him to sign.

 

After he go home, drink water calm down and then call his buddies to ask, he will know that he can chut pattern and disrupt justice easily. Do not be surprised if he suddenly now produce 3 x witness working around that area or claiming to pass by who now confirm his side of story... anything can be arranged.

 

You are saying until like law doesn't exist in this country  . Come on faking a witness is a criminal offence which is not worth it for a few hundred $$ claim. 

 

No issues with the comment but hey sometimes is good to be logical. 

  On 10/5/2018 at 9:35 AM, Mcf777 said:

LLST.

Insurance company or the culprit always chut pattern.

 

Best way is to call Ambulance at that time of incident, to report not feeling well. Police will also arrive and take statement.

 

No way for the culprit to run.

 

Or post the video to shame him and let those that know him, what a prick he is.

 

Yup a good lesson learnt. Next time will definitely do that given he was already defensive in the first place. 

[Optramagnum]

I had minor accident last month too. The driver changed lane and banged my right rear wheel fender while I was going straight in my lane. Driver denied his fault and we exchanged contact numbers and took some photos then left the scene.

 

Presented my video(front and back) to workshop which is very confident to 100% claim against him. So proceeded to repair my car on the following week. I also got to read other party's GIA report that he still didn't admit his fault. And I signed a form to deny any own damage claim at the workshop.

 

Until now, no letter from either insurance company.

 

I think its about how confident and defensive the workshop is, because it's always to workshop's benefits to repair your car.

 

 

Good luck Bro.

[Philipkee]

  On 10/5/2018 at 10:47 AM, t0y0ta said:

2 months is long? please lah... most of such claims can drag on multi-months, even years.

 

Don't just think that because you have camera, you confidently just walk away and claim. Best while he shell-shocked, quickly draft out a statement on white paper stating what has happened (state that his fault) and quickly press him to sign.

 

After he go home, drink water calm down and then call his buddies to ask, he will know that he can chut pattern and disrupt justice easily. Do not be surprised if he suddenly now produce 3 x witness working around that area or claiming to pass by who now confirm his side of story... anything can be arranged.

Err if you pressed him to sign when he is shell shocked you will find the statement is invalid in the eyes of the law. Cos he signed under duress.

 

Best is a police statement. Even if invalid in eyes of law it's the police problem.

[Kopites]

  On 10/5/2018 at 9:17 AM, kelaihoyin said:

Hi All,

 

Recently I was met with this incident, Long story short:

 

Nissan guy side swiped me as he was going straight on a RIGHT TURN only lane. I was on his left. Evidence from front and back cam submitted to my workshop and claiming third party.

 

Both side reported accident but according to workshop he said that the other side is refusing to admit fault and insisted that I turned into him which the video clearly says it isn't. Workshop mentioned the third party insurance persuaded the driver to admit liability but he refused so now the process is stuck.

 

Workshop told me that if the Nissan driver refuses to admit fault there is nothing we can do.

 

But if the other party has already reported the accident and evidence is secured shouldn't the third party insurance determined whether whose fault is it and deciding liability instead of needing the driver to admit his fault?

 

Appreciate if anyone can advise on this because a simple side swipe like this already dragged on for 2 months. Seems pretty much a way for insurance company to drag out the case until you give up in the claiming process.

dont quote me.

 

go see a doctor for headache and submit your med receipt. case will be expedite.

[kelaihoyin]

  On 10/5/2018 at 11:06 AM, Optramagnum said:

I had minor accident last month too. The driver changed lane and banged my right rear wheel fender while I was going straight in my lane. Driver denied his fault and we exchanged contact numbers and took some photos then left the scene.

 

Presented my video(front and back) to workshop which is very confident to 100% claim against him. So proceeded to repair my car on the following week. I also got to read other party's GIA report that he still didn't admit his fault. And I signed a form to deny any own damage claim at the workshop.

 

Until now, no letter from either insurance company.

 

I think its about how confident and defensive the workshop is, because it's always to workshop's benefits to repair your car.

 

 

Good luck Bro.

 

Yup same here. Either way is quite frustrating that the insurance is just dragging their feet and there is no standing guideline that they can't do that.

 

No need all the motor insurance fraud that we see on the news the insurance system itself is already flawed to begin with and nobody is doing anything to change it because after all it all benefits the companies.

[t0y0ta]

  On 10/5/2018 at 11:01 AM, kelaihoyin said:

You are saying until like law doesn't exist in this country  . Come on faking a witness is a criminal offence which is not worth it for a few hundred $$ claim. 

 

No issues with the comment but hey sometimes is good to be logical. 

 

 

Bro... I like you... cos you are still pure at heart... is a virtue... not many are left.

 

Syndicates are out there creating accidents with innocent motorists involved to scam insurance... are they caught?.. no.

 

Cars with a small dent go into workshop for 3rd party claim and the photos then show total busted damage... claim becomes 20/30k... anything Law&order can do?

 

If I have never experienced it personally I also cannot believe how workshops can create "full scenario" including "enhanced damage" photos of involved vehicles as well as suddenly a few strategically "happen to be looking at the window" witnesses.

[inlinesix]

  On 10/5/2018 at 11:34 AM, kelaihoyin said:

Yup same here. Either way is quite frustrating that the insurance is just dragging their feet and there is no standing guideline that they can't do that.

 

No need all the motor insurance fraud that we see on the news the insurance system itself is already flawed to begin with and nobody is doing anything to change it because after all it all benefits the companies.

Blame MAS lo. Write to MAS and complain.

 

Do you have photo showing driver at fault is on the wrong lane?

[kelaihoyin]

  On 10/5/2018 at 1:22 PM, Davidtch said:

Blame MAS lo. Write to MAS and complain.

 

Do you have photo showing driver at fault is on the wrong lane?

 

Trimmed video to hide identity. Not here to shame.

 

back.movFetching info...

 

In case some fool say I swirl right, the lane is as follows :

 

 

anyway it seems all I can do is wait. So I think case close for now. Thanks for all advise.

[JCSL]

  On 10/5/2018 at 2:36 PM, kelaihoyin said:

Trimmed video to hide identity. Not here to shame.

 

back.mov

 

In case some fool say I swirl right, the lane is as follows :

 

Untitled.jpg

 

anyway it seems all I can do is wait. So I think case close for now. Thanks for all advise.

 

My personal opinion, this can only be classified under 50/50 case and side swipe is too too marginal.

[kelaihoyin]

  On 10/6/2018 at 5:53 AM, JCSL said:

My personal opinion, this can only be classified under 50/50 case and side swipe is too too marginal.

 

That's interesting. Don't mind how you come into conclusion of a 50/50? just trying to understand how others think when driving. Because if it is a 50/50 means surely I must have done something wrong or something that I could have done to prevent the accident.

[Ghost777]

This case is 50/50 cos your car is infront of that nissan although you can go straight or turn right but the accident took place inside the yellow box, that Nissan can say you make a right turn too sharp and hit onto his car too. His car cam also can prove that he is not in the fault too also can claim against you.

Just look back the video you post when the accident took place. Although is in the yellow box but can see that nissan is still in his lane.

I think that nissan car front camera is the main concern who is in the fault. Not your car cam rear view.

Edited October 7, 2018 by Ghost777

[Heartlander]

  On 10/5/2018 at 2:36 PM, kelaihoyin said:

Trimmed video to hide identity. Not here to shame.

 

back.mov

 

In case some fool say I swirl right, the lane is as follows :

 

Untitled.jpg

 

anyway it seems all I can do is wait. So I think case close for now. Thanks for all advise.

I think your back video will do you no good. Better not submit.

 

Using the center of rear window wiper as reference, it seems you have drifted too much to the lane of the Nissan when entering the yellow box, very obvious from the 9sec mark. This  could be due to inexperience as there is no guidelines drawn on the road in the yellow box as what happen to some newbies. Either that or gotten distracted. 50/50 is too kind for you already.

 

Pardon me for being frank. Better claim OD if damage to your ride cost much more than your excess, or more than $3k if you have zero excess. Thrid part claim not in your favour definitely.

Edited October 7, 2018 by Heartlander

[Wt_know]

for 3rd party claim ...

it’s all about the workshop confidence

if can claim 40-50% already sibei handsome profit

because repair cost is inflated 300-500% ... including courtesy car, lawyer fees, admin fees, etc

Edited October 7, 2018 by Wt_know

[kelaihoyin]

  On 10/7/2018 at 3:29 AM, Ghost777 said:

This case is 50/50 cos your car is infront of that nissan although you can go straight or turn right but the accident took place inside the yellow box, that Nissan can say you make a right turn too sharp and hit onto his car too. His car cam also can prove that he is not in the fault too also can claim against you.

Just look back the video you post when the accident took place. Although is in the yellow box but can see that nissan is still in his lane.

I think that nissan car front camera is the main concern who is in the fault. Not your car cam rear view.

 

There are line markings on the right turn only lane that wasn't clearly shown on the video and if he is inside the yellow box pretty much he is out of lane.

 

Bu hey everyone has their point of view it seems. That's why accidents like these happen.