Help for accident in landed estate

[xia0y]

Hi, a newbie here. Seeking for insurance claim advice on a minor car accident I got into recently. This is the first time I'm owning a car and also the first time I got into a car accident. However, I am sure I am a pretty safe driver and have been driving for more than 6 years.

I was driving home (into a private estate) and in this estate, there is only one lane in and out. It is a daily occurrence for cars to park on the left side of the road. Hence, I had to drive on the right lane in. This is when a lady who exited her house came out and our cars collided. 

I have filed a third party claim but the insurance company (AXA) rejected it as they claimed that I was going against traffic directions. I was shocked because the dashcam video I sent clearly shows that there are cars on the left lane. The lady who reported my case for me told me that the officer in charge is firm on her stance that it is my fault as I am on the wrong side of the road, and that the lady who exited her house only needs to check for traffic in her direction.

 

Firstly, I ensured there are no cars heading out before turning into the road. After turning in, a lorry was driving out of a minor road in front of me. I slowed down but there were no signs of the lorry driver stopping. As such, I had to use my horn to warn the driver of my presence and also slowed down further, almost to a stop. After the lorry driver came to a complete stop, I continued on the road and this is when a car exited her house hitting into my car front RH section. I would like to reiterate that I have slowed down as I had just made a turn, and had to slow down further due to the lorry exiting Chong Kuo Road. I am certain I am driving at an acceptable speed for the road. 

Secondly, I am also aware that I am driving against the traffic direction. However, with cars parked on the left side, there is no other way for me to drive home. As shown in the video, there are cars parked on the left side, right outside the third party's house. In this case, shouldn't AXA take this into consideration? Furthermore, she is also a resident of this private estate and she should have known that she has to check both sides before exiting her house. In fact, they own more than one car and also park their cars on the road.

Last but not least, when I alighted my car after the accident, a man, who seems to be her family member (also in the video), repeatedly mentioned to the driver that she didn't check the road before exiting the house, to which she did not refute. This differs from the statement she provided to AXA (she said she checked the traffic before heading out but I came at a fast speed, hitting her car).

As there is a 14 day period for me to file my claim, I've followed the authorized workshop's advice, to file under own damage claim, before carrying on with the case. Otherwise, I would have to wait to get my car's repairs. I was told that chances are I can only claim 50 50 in this case and I had also heard from people that going for own damage claim ruins my chances at the third party claim. Thus, I am now worried that the appeal does not go through.

I have attached the video for reference, and I would like to get an opinion on whether AXA's decision is fair. Otherwise, is there anything else I can do for myself to get a fair judgment?

Sorry for the poor video quality. I purchased this car just a couple of months back and I did not check the camera settings. 

[1fast1]

Yours is not a clearcut case in my opinion. While you share liability for having driven against traffic (however unavoidably), she also bears responsibility for checking *both* ways before coming out. 

I am not sure how the BOLA should decide but you'll both definitely have to share liability on this one. Maybe 50-50 or close to it, in my view. But if they're trying to make it 100 percent your fault, you should push back. Hard. 

By the way, this is why I'm a big fan of prophylactic honking of my horn (all times) and flashing of my high beams (at night) to warn others before they come out. (IDGAF about appearing "rude"). You did it for the truck, but he looked alert enough to have stopped without it. The woman driver clearly wasn't careful enough and may not have stopped regardless of whatever honking you did (some are extremely self-righteous on the road) - so you should also have been proceeding slowly enough to e-brake in time and blast your horn at her. If you'd stopped well clear of her and she'd still swung forward into you, that would've been much more favourable to you, especially if you'd given adequate audible warning (with your horn). 

Edited January 15, 2021 by Turboflat4

[wlalala]

no choice claim own damage...

your insurer will fight for u

Edited January 15, 2021 by wlalala

[1fast1]

10 minutes ago, wlalala said:

no choice claim own damage...

your insurer will fight for u

I don't agree with this. If you claim OD immediately, it takes the pressure off your insurer to continue fighting as they can just close the case, chong kong the NCD and inflate the premium.

If the car is driveable - or you don't immediately need it for work or living normally, better to keep fighting and asserting with your own insurer that you reject liability, or at least full liability. The woman was clearly wrong in large part. 

Edited January 15, 2021 by Turboflat4

[Volvobrick]

I think this is not clear cut. You could see the front of her car first, while she could not see you due to the wall/tree. You should use the horn. Or stop.

If not so serious each party just pay out of own pocket for own repairs.

 

Most importantly, from today, every time you pass by her house, honk for 2 good seconds to warn her in case she comes out again! 

Edited January 15, 2021 by Volvobrick

[Windwaver]

Aiyo, this kind of case again.

50/50 but your insurance will most likely ask you claim OD.

How much they fight for you can also depend on your relationship with the officer in charge.

 

[macrosszero]

Sorry but I happen to think you did not exercise due care while you are being forced to drive against traffic due to parked cars.The way/speed you drove in from the main road suggests you had not allowed for the possibility there was a vehicle coming out from the cul de sac. While you are travelling against traffic flow you have some responsibility to be alert for merging traffic. 

In this case, the best you can fight for is 50-50. Both parties failed to exercise due care when driving.

[Optramagnum]

I frequent this place, the cars were there for the eatery.. She should be extra alert after hearing your horn. I guess she will deny the fact that she didn't check as self protection. 

Insurance can be a lengthy and stressful process. I guess you just let the insurance companies do their job and move on.. That's what we are pay the premium for. 

[Jamesc]

19 hours ago, Turboflat4 said:

 

By the way, this is why I'm a big fan of prophylactic honking of my horn (all times) 

 

What has condoms got to do with all this?

Now if it was prophylactic bonking of my horn (all times) 

That I can understand. 

As Raw is War.

Although I am a guerilla and I never use those evil things.

[Jamesc]

This seems like a 50 - 50

but cam car front hit the other car side

so I would think cam car 70 and other car is 30 at fault.

But looks like damage is minor and both should pay their own

and save their NCD although I think cam car should should help other

car with 40% of the other car cost to make it 70 - 30.

50 - 50 the lady loses out slightly.

Edited January 16, 2021 by Jamesc

[Jamesc]

This accident is very preventable but it was always going to happen becuase the attitude of both drivers are wrong.

They may think and argue that they are BOTH very careful and safe drivers but they are not. If they were this accident would never have happened.

No one is blaming anyone as that is not going to reverse the accident but this post is to prevent accidents as I could be on the road with them.

So TS don't get angry hor

On 1/14/2021 at 7:32 PM, xia0y said:

Hi, a newbie here. Seeking for insurance claim advice on a minor car accident I got into recently. This is the first time I'm owning a car and also the first time I got into a car accident. However, I am sure I am a pretty safe driver and have been driving for more than 6 years.

I was driving home (into a private estate) and in this estate, there is only one lane in and out. It is a daily occurrence for cars to park on the left side of the road. Hence, I had to drive on the right lane in. This is when a lady who exited her house came out and our cars collided. 

I have filed a third party claim but the insurance company (AXA) rejected it as they claimed that I was going against traffic directions. I was shocked because the dashcam video I sent clearly shows that there are cars on the left lane. The lady who reported my case for me told me that the officer in charge is firm on her stance that it is my fault as I am on the wrong side of the road, and that the lady who exited her house only needs to check for traffic in her direction.

 

Firstly, I ensured there are no cars heading out before turning into the road. After turning in, a lorry was driving out of a minor road in front of me. I slowed down but there were no signs of the lorry driver stopping. As such, I had to use my horn to warn the driver of my presence and also slowed down further, almost to a stop. After the lorry driver came to a complete stop, I continued on the road and this is when a car exited her house hitting into my car front RH section. I would like to reiterate that I have slowed down as I had just made a turn, and had to slow down further due to the lorry exiting Chong Kuo Road. I am certain I am driving at an acceptable speed for the road. 

Secondly, I am also aware that I am driving against the traffic direction. However, with cars parked on the left side, there is no other way for me to drive home. As shown in the video, there are cars parked on the left side, right outside the third party's house. In this case, shouldn't AXA take this into consideration? Furthermore, she is also a resident of this private estate and she should have known that she has to check both sides before exiting her house. In fact, they own more than one car and also park their cars on the road.

Last but not least, when I alighted my car after the accident, a man, who seems to be her family member (also in the video), repeatedly mentioned to the driver that she didn't check the road before exiting the house, to which she did not refute. This differs from the statement she provided to AXA (she said she checked the traffic before heading out but I came at a fast speed, hitting her car).

As there is a 14 day period for me to file my claim, I've followed the authorized workshop's advice, to file under own damage claim, before carrying on with the case. Otherwise, I would have to wait to get my car's repairs. I was told that chances are I can only claim 50 50 in this case and I had also heard from people that going for own damage claim ruins my chances at the third party claim. Thus, I am now worried that the appeal does not go through.

I have attached the video for reference, and I would like to get an opinion on whether AXA's decision is fair. Otherwise, is there anything else I can do for myself to get a fair judgment?

Sorry for the poor video quality. I purchased this car just a couple of months back and I did not check the camera settings. 

2021-01-05_11-40-48-Normal_Front Camera.avi

 

[Jamesc]

On 1/14/2021 at 7:32 PM, xia0y said:

 

 I was told that chances are I can only claim 50 50 in this case 

 

If you get 50 - 50 take and run and enjoy the savings.

Since your front hit her side its more like 60 - 40 or even 70 - 30.

So 50 - 50 you win.

Please change your attitute about being so sure you are a very safe driver.

A good driver knows they can never be a too safe driver because we need to keep learning and improving all the time.

Accidents can happen at anytime we can never be too safe.

[Beregond]

On 1/14/2021 at 7:32 PM, xia0y said:

 

2021-01-05_11-40-48-Normal_Front Camera.avi

if she claim against u then there is nothing u can do already , other then offering her a large sum for self settlement,( but in this case i think u feel u are not in the wrong, so it wont happen)

u can only file a insurance / accident report yourself and giving your insurance side the video, and hoping they can cut the losses and your next insurance renewal wont be increase too much.

as for your own damage, just go outside ws, 400+- should settle, 

how the claim work , compensate how much, win or lose is no longer your pasa.

its between the 2 insurance, let them fight it out, thats why u buy insurance in the first place 

[Jamesc]

.

Edited January 16, 2021 by Jamesc

[Jamesc]

4 minutes ago, Beregond said:

if she claim against u then there is nothing u can do already , other then offering her a large sum for self settlement,( but in this case i think u feel u are not in the wrong, so it wont happen)

u can only file a insurance / accident report yourself and giving your insurance side the video, and hoping they can cut the losses and your next insurance renewal wont be increase too much.

as for your own damage, just go outside ws, 400+- should settle, 

how the claim work , compensate how much, win or lose is no longer your pasa.

its between the 2 insurance, let them fight it out, thats why u buy insurance in the first place 

If TS read my post he would know he is 50 - 50 wrong

and will follow your very good suggestion. 

People read my post always change their minds one

except my MIL.

[shrjun]

Has the video been taken down..

[macrosszero]

On 1/15/2021 at 6:51 PM, Turboflat4 said:

I don't agree with this. If you claim OD immediately, it takes the pressure off your insurer to continue fighting as they can just close the case, chong kong the NCD and inflate the premium.

Maybe I'm seeing it wrong, but if TS claimed OD, wouldn't the insurer still try to fight the proportion of blame to lessen their liability for repairing the other party's car? 

In the event that TS claims OD, he pays the excess, gets his own car repaired and walks off into the sunset. He wears the loss of NCD (if he didn't take up NCD protection) as well as the loading, and next year he is unlikely to renew with the same insurer. Heck, I've owned a car for the past 15 years and have never taken the same insurer back-to-back because my broker always finds me a better quote with someone else. If TS is determined not to take on at-fault loading, especially if the loading is significant, he may even not take up insurance as the primary named driver for the next few years.

I reckon TS may not suffer as much financially as he fears, as long as he is willing to put up with some inconvenience for a while.

Edited January 16, 2021 by Macrosszero

[Kenomi]

Seen like ts is driving on the wrong side of the road. 100percent he is wrong if that is the case. He should have settled privately. Most cost him less than 1k if he had played nice. Anyway sure lose case way i see.