Advice for accident

[wjong]

Dear Sir/Madams, I finally bought a new car recently after years of working and saving up. However last week I had met with a car accident and had been traumatised by the accident. The accident was totally not my fault and the other driver whom is driving a rental is claiming 3rd party damages against my insurance. 

 

I was travelling on a major road going straight and the other driver was approaching from my left with STOP wording and DOUBLE BROKEN WHITE lines on the road. I did not drive fast but the driver just abruptly drove out from the left side and his top right bonnet crashed into my top left bonnet. He had a kid and wife in the car, where his wife claimed to be feeling unwell after the accident. Although I felt his wife was over-exaggerating but giving her the benefit of the doubt, we called in the Traffic Police and ambulance. 

 

I basically had the right of way and he just drove out without checking for oncoming traffic imo. He claimed that he checked for all blindspots and only drove out when the traffic from the right was clear. There was a tree blocing both of our views but how can the traffic be clear as per what he claimed.  But the other driver started scolding me that I was driving fast and could not stop in time to avoid him after the accident happened! He even asked me to write a letter stating that I am in wrong for the accident, which I did not write the letter. I told him that we should leave it up to the insurance companies to settle this matter.

 

I claimed 3rd party damages for my car against the rental car insurer as it was not my fault. A few days ago I received news from my insurer that the a 3rd party claim had been filed against my insurer. What I cannot believe is that the other driver is claiming injuries for his whole family(Other driver: spinal injury, Kid: Chest pain and bruise on forehead, Wife: Bruise and hip injury)! How can they do this? The cars were slightly damaged only! On the accident day, when the paramedics and TP asked the other driver and kid if they were alright on that day, they replied that they were alright. Only the wife was conveyed to hospital by ambulance. My insurer is putting a reserve amount of 20k SGD for this 3rd party claim pending investigation outcome. This is not right!

 

I am very unhappy about this matter and would like to seek advice on what I should do. I want to make sure I am not penalised and would not have to accept any liability for this accident.

 

 

[Pocy]

Show your dash cam footage here ....... so that ppl here could give their views

[wjong]

I am so sorry that I do not have dashcam footage. After this accident, I am gonna install one which is good. Any recommendations or advice for dashcam would be greatly appreciated too.

Edited October 29, 2018 by wjong

[Pocy]

Words vs words now. Get a dash cam front and rear if your car does not already have it.

[Strat]

sorry to hear about this.

Post in FB and ask if anyone has footage.

Based on your description, you have the right of way but when it comes to insurance claims, it will not be a 100% liability. 

 

Anyway, once there is ambulance and hospital involved, the bill will be high. 

[Pocy]

Get a copy of TP report ........ see if it help.

[wjong]

Thanks for the advice. I will be getting the TP report.

[Jtb]

https://www.google.com.sg/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwj52tvjgqveAhWGNo8KHaROAO4QFjAAegQIChAC&url=http%3A%2F%2Fwww.mycarforum.com%2Findex.php%3Fapp%3Dcore%26module%3Dattach%26section%3Dattach%26attach_id%3D37765&usg=AOvVaw0AMhY1Pngx0L89d3gthg02

 

Scenario 7

[wjong]

https://www.google.com.sg/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwj52tvjgqveAhWGNo8KHaROAO4QFjAAegQIChAC&url=http%3A%2F%2Fwww.mycarforum.com%2Findex.php%3Fapp%3Dcore%26module%3Dattach%26section%3Dattach%26attach_id%3D37765&usg=AOvVaw0AMhY1Pngx0L89d3gthg02

 

Scenario 7

 

Thanks so much for this info. Does insurers or TP use this as a guide?

[Ricky_doodle]

Dear Sir/Madams, I finally bought a new car recently after years of working and saving up. However last week I had met with a car accident and had been traumatised by the accident. The accident was totally not my fault and the other driver whom is driving a rental is claiming 3rd party damages against my insurance. 

 

I was travelling on a major road going straight and the other driver was approaching from my left with STOP wording and DOUBLE BROKEN WHITE lines on the road. I did not drive fast but the driver just abruptly drove out from the left side and his top right bonnet crashed into my top left bonnet. He had a kid and wife in the car, where his wife claimed to be feeling unwell after the accident. Although I felt his wife was over-exaggerating but giving her the benefit of the doubt, we called in the Traffic Police and ambulance. 

 

I basically had the right of way and he just drove out without checking for oncoming traffic imo. He claimed that he checked for all blind spots and only drove out when the traffic from the right was clear. There was a tree blocking both of our views but how can the traffic be clear as per what he claimed.  But the other driver started scolding me that I was driving fast and could not stop in time to avoid him after the accident happened! He even asked me to write a letter stating that I am in wrong for the accident, which I did not write the letter. I told him that we should leave it up to the insurance companies to settle this matter.

 

I claimed 3rd party damages for my car against the rental car insurer as it was not my fault. A few days ago I received news from my insurer that the a 3rd party claim had been filed against my insurer. What I cannot believe is that the other driver is claiming injuries for his whole family(Other driver: spinal injury, Kid: Chest pain and bruise on forehead, Wife: Bruise and hip injury)! How can they do this? The cars were slightly damaged only! On the accident day, when the paramedics and TP asked the other driver and kid if they were alright on that day, they replied that they were alright. Only the wife was conveyed to hospital by ambulance. My insurer is putting a reserve amount of 20k SGD for this 3rd party claim pending investigation outcome. This is not right!

 

I am very unhappy about this matter and would like to seek advice on what I should do. I want to make sure I am not penalised and would not have to accept any liability for this accident.

 

Capture.JPG

 

Hi.

 

First of all, may I ask if you have pictures take of the accident scene, before any of the vehicles have been moved? If yes, my guess is that the pictures will probably show the positions of both vehicles at the point of incident. Based on your account, your pictures should show that the position of the rental car still not completely merged with the main traffic while your car was in the flow of main traffic.

 

If no pictures were taken, or they were taken after both vehicles have been moved from initial point of impact, plus the fact that your car did not have dash cam footage, it is your words against the other party's.

 

Second of all, as you have done, report your side of the unfortunate incident and leave whatever the other side is attempting to claim to your insurance company. There is nothing else you need to do, in my opinion.

 

Based on your situation and on encounters which have been shared with me by friends and colleagues, the outcome of your case may vary. Based on the discretion of the various insurance companies as well as all available evidence, there are two possible outcomes for your case:

 

- Both parties at fault and both take certain percentage of liabilities (for example 30/70 or 50/50 etc), meaning all repair, medical (and legal, if any) costs will be borne by policies of both parties, resulting in both losing NCD, if any

 

- The other party is found to be at fault, bearing all costs

 

Please be prepared for both possibilities. No one will know for sure the verdict, regardless of who tells you otherwise, or how much injustice you are feeling right now. I am certainly not sure of the verdict, but I am dead sure the insurance companies do not care how you feel at all. If you are thinking how the first outcome is even possible, it is because the insurance company may decide to say that even though the other party may be at fault for not stopping at Stop line, you would have been able to perform defensive maneuver to prevent the accident (for example emergency braking, going at slower speed etc). Do remember the insurance companies are deciding the outcome, based on statements from both parties as well as all available evidence.

 

I congratulate you sincerely for working hard, saving up and getting your new car. But, I am sad to tell you that, along with your new mode of transport, comes the ugly side of motorists in Singapore, generally. 

 

There are plenty of such people out there who are just not responsible enough to admit their wrongdoings. Not just on the roads, but in other aspects of life as well. They choose to find ways and means to put the blame on others, and also to make use of the system to try to squirm their way out of their mistakes. This is precisely the reason to install dash cams, so safeguard yourself in such cases of attempted victimization. This is part and parcel of the life of motoring in Singapore.

 

You are feeling the injustice right now as this is probably your first time getting into an accident and on top of that, you just cannot believe that the other party is behaving this way, which is attempting all ways to victimize you, instead of being apologetic for his mistake and accepting responsibility. But do remember this, if he does not victimize you, he will need to pay for all damages and costs involved for both sides. He probably knows that the insurance system will not be swift in arriving the outcome and he will push his luck to the max against you. In my opinion, he has more to lose than you, so all the more he will try. And my guess is, he probably saw or knew that your vehicle did not have a dash cam installed, which probably made him bolder in his claims against you.

 

Or, he may be just as inexperienced as you are and is being taught by his workshop or friends/relatives to make all these ridiculous claims against you, though I highly doubt this.

 

I have been an unfortunate victim of hit and run incident before. I was fortunate enough to have been compensated with the help of my dash cam and that it was set to record in parking mode, as well as after umpteen discussions with insurance companies and Traffic Police, months of distress before arriving at that favourable outcome.

 

My personal advice is, whatever the outcome is, just accept it and learn from it. What is the worst that can happen? Assuming the worst, you will lose your existing NCD and your insurances premiums may increase from next year on. Your new car will not be 'new' in your heart ever again, but later on in life you may learn that it is just a piece of lifeless metal at the end of the day.

 

You have a choice of whether you want to continue the motoring life in Singapore. Assuming you do, you have to train yourself to drive more defensively and be alert for all possible outcomes, even though you have the right of way. And of course, as you are already planning by now, to install a proper dash cam.

 

I pity the other party's kid, because both his parents have successfully cultivated him/her to shirk responsibilities in times of err. I am pretty sure if the parents continue to be in their current ways, he or she will grow up to be exactly like the parents.

 

But that is not my business and I hope I will not have to cross paths with him/her ever. I already know plenty of such people in my life.

Edited October 29, 2018 by Ricky_doodle

[Ricky_doodle]

Thanks so much for this info. Does insurers or TP use this as a guide?

 

 

You will first need to prove that that was indeed what happened. The other party is now making claims against that, and you do not have video evidence to prove that it did, unless you have pictures or eye witnesses to attempt to substantiate your claim.

Edited October 29, 2018 by Ricky_doodle

[Jtb]

Thanks so much for this info. Does insurers or TP use this as a guide?

 

insurer's guide

Yes, a picture tells a thousand stories with a cam.

Edited October 29, 2018 by Jtb

[Mzrmazda3]

Thanks so much for this info. Does insurers or TP use this as a guide?

 

All insurers in Singapore follow the Barometer of Liability Chart as per what Bro Jtb has mentioned

 

Small road to Main road when kena accident will be held full liability as per indicated.

 

This fellow is trying his luck as it is your words against his as there is no video proof

 

As long as you have to indicate clearly in your report that the other party moved out from the small road without checking clear of traffic and banged onto you, you should be on the winning side....

 

Just for your reference, i have gotten into an accident couple of years back previously when I exit from a car park lot on a rainy day. Both me & the other party also have no video as proof but the other party managed to claim a full 100% against me as the insurance company take the reference that I moved out of my lot without checking clear of traffic hence liability was on me  But I have to admit that it was truly my fault too 

 

The insurance company will review the whole accident based on the point of impact, scenario & each other's report to finalised the claim. They are also not that stupid to allow any party to suka suka make huge amount of medical claim from them

Edited October 29, 2018 by Mzrmazda3

[Ricky_doodle]

All insurers in Singapore follow the Barometer of Liability Chart as per what Bro Jtb has mentioned

 

Small road to Main road when kena accident will be held full liability as per indicated.

 

This fellow is trying his luck as it is your words against his as there is no video proof

 

As long as you have to indicate clearly in your report that the other party moved out from the small road without checking clear of traffic and banged onto you, you should be on the winning side....

 

Just for your reference, i have gotten into an accident couple of years back previously when I exit from a car park lot on a rainy day. Both me & the other party also have no video as proof but the other party managed to claim a full 100% against me as the insurance company take the reference that I moved out of my lot without checking clear of traffic hence liability was on me But I have to admit that it was truly my fault too

 

The insurance company will review the whole accident based on the point of impact, scenario & each other's report to finalised the claim. They are also not that stupid to allow any party to suka suka make huge amount of medical claim from them

Fully agree and I hope this will be the outcome for TS..

I think he is mostly super pissed that in spite of being the party that caused of the accident, he still had the audacity to lash out ridiculous claims against him..

 

But well, people these days...

 

Aside to TS, MrMazda is right. The other party can submit all the claims he wants, so don't be too bothered. He just have to remember that it will backfire if he is found to be fully liable for the accident. Even if for whatever reason your insurance company accepts the claims, it won't be from your pocket directly, even though your NCD will be affected and possible higher premium next renewal onwards..

 

Is anyone able to advice what will usually happen to the other party in this case? Will the rental company insurance pick up this tab? Or the other party will have to fork out of his own pocket?

Edited October 29, 2018 by Ricky_doodle

[OrEmuN]

It is rather common to have these claims actually when you meet with a collision with a taxi-driver or PHV driver.
Usually they have Third Party excess that is payable when their insurance company pay out to others (in this instance, you).

 

They try to recover their losses by having injury claims.
In your case, you may not be at fault but liability is not usually 100/0 for injury cases.

For injury cases, they are usually 90-10, 80-20, etc.
The Court published a guide "Motor Accident Guide" which is available for online purchase if you are interested.

10-20% of an injury claim help to defray their own outlays because the doctors are all-so-willing to write a diagnosis for them. They get to charge medical expenses and later on, earn from medical report that they issue.

The lawyers earn the legal fee.
So the whole eco-system is against you.

 

Try not to be too bothered by it.
Your insurers are going to help you handle them.
Just remember to pass all legal letters you receive to your insurer and it will be fine.
Your NCD should not be affected.

[Geoandre]

This is from past experience. As long as it was not a rear hit and there was no video footage or independent witness, it would be your word against his. The outcome would be apportioned liabilities to both parties. Whenever there is injury claim, the claim amount would be substantial. One thing for sure,  the other party will spare no mercy to inflate the claims & exaggerate on everything to push all liabilities to your side. You will have to prove these lies but unfortunately, it can be hard to prove in an accident without evidence and witness. To do damage control, you have to do the same......sigh. Regardless, you will definitely lose your NCD & affect your future insurance premium for the next three years. Don't think too much, let the insurance manages. The sad thing is the insurance appointed lawyer's priority is to close the case without going through a full trial. You have to live through this, this is a real world & there are bad hats. Tell yourself this is a good learning experience & be happy that you were not injured & a lot more worst could have happened. Drive carefully & safely.

[Beregond]

go to youtube fb all the road social media, hopefully some 1 caught your accident on cam and posted it.

 

quite surprise now but new car they never give u free cam

[Ricky_doodle]

go to youtube fb all the road social media, hopefully some 1 caught your accident on cam and posted it.

 

quite surprise now but new car they never give u free cam

Based on what I see from my friends and colleagues, only the more popular brands bundle in free dash cam, like the usual Japanese brands and the two Korean ones.

 

I believe that dash cam is an optional extra for many of the continental brands. This is true for my friends driving Volvo, BMW and Citroen.

 

Is this the case for other brands as well?