Urgent Advise Needed on Accident and Claims

[Pessimizt]

Needed some serious advise because I had some very bad experience with an accident last year.

 

My car was knocked from the back and after viewing around, we verbally settled for $200.

But the guy said he dont have the cash now and is going back to Malaysia and will transfer the next morning.

 

We exchanged contacts and personal details and left the scene.

 

After stopping (about 2-3 hours later) and further checking, i realised that i have difficulty opening my car boot and then immediately SMS the guy not to transfer me money as the cost should be much higher. I also mentioned that i will send to car workshop the following morning to access the damage and will let him know the cost of repair first and see if he still wants to private settle or claim insurance. I even tried to call him but there was no answer (assuming he is in Malaysia).

 

At the car workshop i tried to call him and still no answer so i texted him the repair costs and gave him an hour or so to reply or else i will claim insurance.

 

Times up and i proceed to claim insurance and accident report (without highlighting about the private settlement portion).

 

A few months after i gotten back my car, the workshop called me and told me something like the other party did not report the accident because he has already done private settlement of $200 on the next day after the accident. Then i explained the private settlement part to them and forwarded the text messages as proof. I even went to the extent of getting the date / time of the $200 transfer and it was long after i message him the cost of repair.

 

All this while, there were no calls or sms from this guy and i didnt check my bank account untill i got the call from the workshop to verify the transfer.

 

After a few weeks, i received some lawyer letters asking for my actions to proceed with 'writ of summons' against the other driver as well as a cheque payment ($200) back to the owner.

 

They also indicated that in the event that the writ of summons failed, i will need to pay the workshop all the repair costs as well as some fees (about $5k+).

 

Being reluctant to be put to such risks, i explained my situation to them via email and did not consent on the writ of summons portion because the accident is clearly not my fault and only sent back the cheque to them.

 

I also tried writing to my insurance for assistance but there were no response or advise at all.

 

Several months passed and i recently received a letter stating that the law firm is discharging me from this case.

 

About 2 weeks later, i checked my mailbox and saw a letter from another law firm representing my workshop and they are claiming the costs against me.

 

The letter was dated 21 Jun and i have 7 days to act but i only opened my mailbox on the 30 Jun (Sunday).

 

I have written an email to the law firm explaining that i only saw the letter on Sunday and hope they can give me a week extension for consideration.

 

So now i am totally stuck on what i can or should do next.

Pardon the above long story but is there any advise from anyone please ?

 

Regards.

[Loki]

did you report to your insurance company immediately after the accident? And did you seek advice from the insurance company at all throughout the whole saga? If not, at this stage, I think you'll just have to suck it up and pay for the costs yourself.

 

 

[Pessimizt]

Hi Loki, I made the accident report and proceeded with the claims on the following day of the accident.

After the lawyer letters on the writ of summons, I also tried to email them (via online form submission) but there was no response.

I have also informed my car insurance agent but he haven't given me any fruitful advise yet.

 

So worse case is I have to pay up the amount in full ?

5k not a small sum to me and I was wondering if its possible to claim own damage on this now ?

 

I understand that the workshop cant do the repair for free but I feel its so unfair to me.

 

Regards.

[Little_prince]

Hi Loki, I made the accident report and proceeded with the claims on the following day of the accident.

After the lawyer letters on the writ of summons, I also tried to email them (via online form submission) but there was no response.

I have also informed my car insurance agent but he haven't given me any fruitful advise yet.

 

So worse case is I have to pay up the amount in full ?

5k not a small sum to me and I was wondering if its possible to claim own damage on this now ?

 

I understand that the workshop cant do the repair for free but I feel its so unfair to me.

 

Regards.

 

you signed on private settlement . then you wanted to renege on your previous agreement. Isn't it unfair to the other driver too?

 

my take is that the settlement is considered a legally binding document. Once signed, it's considered settled. Anything else is your on business.

[Joecamel]

the way i see it, you agreed to a private settlement and you backed out without the other party agreeing.

you need to pay up.

[Yeshe]

Needed some serious advise because I had some very bad experience with an accident last year.

 

My car was knocked from the back and after viewing around, we verbally settled for $200.

But the guy said he dont have the cash now and is going back to Malaysia and will transfer the next morning.

 

We exchanged contacts and personal details and left the scene.

 

After stopping (about 2-3 hours later) and further checking, i realised that i have difficulty opening my car boot and then immediately SMS the guy not to transfer me money as the cost should be much higher. I also mentioned that i will send to car workshop the following morning to access the damage and will let him know the cost of repair first and see if he still wants to private settle or claim insurance. I even tried to call him but there was no answer (assuming he is in Malaysia).

 

At the car workshop i tried to call him and still no answer so i texted him the repair costs and gave him an hour or so to reply or else i will claim insurance.

 

Times up and i proceed to claim insurance and accident report (without highlighting about the private settlement portion).

 

A few months after i gotten back my car, the workshop called me and told me something like the other party did not report the accident because he has already done private settlement of $200 on the next day after the accident. Then i explained the private settlement part to them and forwarded the text messages as proof. I even went to the extent of getting the date / time of the $200 transfer and it was long after i message him the cost of repair.

 

All this while, there were no calls or sms from this guy and i didnt check my bank account untill i got the call from the workshop to verify the transfer.

 

After a few weeks, i received some lawyer letters asking for my actions to proceed with 'writ of summons' against the other driver as well as a cheque payment ($200) back to the owner.

 

They also indicated that in the event that the writ of summons failed, i will need to pay the workshop all the repair costs as well as some fees (about $5k+).

 

Being reluctant to be put to such risks, i explained my situation to them via email and did not consent on the writ of summons portion because the accident is clearly not my fault and only sent back the cheque to them.

 

I also tried writing to my insurance for assistance but there were no response or advise at all.

 

Several months passed and i recently received a letter stating that the law firm is discharging me from this case.

 

About 2 weeks later, i checked my mailbox and saw a letter from another law firm representing my workshop and they are claiming the costs against me.

 

The letter was dated 21 Jun and i have 7 days to act but i only opened my mailbox on the 30 Jun (Sunday).

 

I have written an email to the law firm explaining that i only saw the letter on Sunday and hope they can give me a week extension for consideration.

 

So now i am totally stuck on what i can or should do next.

Pardon the above long story but is there any advise from anyone please ?

 

Regards.

 

1) its is malaysian car? if it is, u are mostly screwed

2) private settlement can only be in force with accompanying black n white, not verbal

3) did u use 3rd party claim, if u did, u are screwed as well since the workshop and lawyers are not appointed by your insurer

4) if u use the appointed workshop, your insurer should handle the legal case on your behalf, worst case u only have your premium in case, but u definitely no need to come out with cash for workshop

 

good luck!

 

[Galantspeedz]

you signed on private settlement . then you wanted to renege on your previous agreement. Isn't it unfair to the other driver too?

 

my take is that the settlement is considered a legally binding document. Once signed, it's considered settled. Anything else is your on business.

 

i think is verbal only...

[Galantspeedz]

what is the total cost of repair?

[Yeshe]

you signed on private settlement . then you wanted to renege on your previous agreement. Isn't it unfair to the other driver too?

 

my take is that the settlement is considered a legally binding document. Once signed, it's considered settled. Anything else is your on business.

 

he mentioned verbally, got black n white?

[Unfair]

If you dont want to pay the costs, just claim your own insurance lor.

 

You already admit you agree to $200 settlement with the other driver whom paid up already....

[Pessimizt]

Hi guys, the private settlement is only verbal and no signing or anything.

And I did sms + call the guy on the same night asking him not to transfer as I need to check the actual repair cost.

I have all the sms messages as proof.

 

Yes the workshop is a 3rd party one (because its near my place) and I think that's why my insurance agent also don't bother ?

 

So meaning worse case is I do OD claims and suffer my premium this year ?

 

Sad man.

[Pessimizt]

The repair costs is $4800 + $400 fees.

 

So total is about $5200+.

 

Its not a small amount for me to settle privately with the workshop.

[Ttl1976]

If you have agreed $200 with no black and white.

I would say this to you, just LLST and do and pay yourself.

 

Imagine if you are the one who banged the other party.

The other party said ok, settle $200.

Then in the evening say wait wait wait, now you have to pay $4000.

What would you do?

 

 

[Loki]

Hi guys, the private settlement is only verbal and no signing or anything.

And I did sms + call the guy on the same night asking him not to transfer as I need to check the actual repair cost.

I have all the sms messages as proof.

 

Yes the workshop is a 3rd party one (because its near my place) and I think that's why my insurance agent also don't bother ?

 

So meaning worse case is I do OD claims and suffer my premium this year ?

 

Sad man.

 

Don't think your insurance will now let you do OD claim after you tried to do 3rd party claim. Anyway, I am sure when you did 3rd party claim, the workshop would have made you sign a document to state that if 3rd party claim is not successful, you will have to bear the cost of repair. If so, you gotta pay.

[Pessimizt]

If you have agreed $200 with no black and white.

I would say this to you, just LLST and do and pay yourself.

 

Imagine if you are the one who banged the other party.

The other party said ok, settle $200.

Then in the evening say wait wait wait, now you have to pay $4000.

What would you do?

 

 

Of course unhappy but frankly speaking, if I am at fault, I will suck thumb and claim insurance since the amount is huge.

[Pessimizt]

Don't think your insurance will now let you do OD claim after you tried to do 3rd party claim. Anyway, I am sure when you did 3rd party claim, the workshop would have made you sign a document to state that if 3rd party claim is not successful, you will have to bear the cost of repair. If so, you gotta pay.

 

 

Yes I think I signed that form.

Damn it now that's an expensive lesson.

[Galantspeedz]

The repair costs is $4800 + $400 fees.

 

So total is about $5200+.

 

Its not a small amount for me to settle privately with the workshop.

 

After a few weeks, i received some lawyer letters asking for my actions to proceed with 'writ of summons' against the other driver as well as a cheque payment ($200) back to the owner.

 

what action did the lawyer ask?

 

i don't get it, if the WS is helping you claim, shouldn't the claim be in their name?

 

And did WS inform you of the legal action before proceeding?

 

I think everything became very messy.....

 

1) you did a verbal agmt

2) you did not proceed with your insurer ws

3) you did not inform your insurer immediately after accident

 

i think this time suck thumb liao

 

i only can advise get own lawyer

[Tianmo]

Needed some serious advise because I had some very bad experience with an accident last year.

 

My car was knocked from the back and after viewing around, we verbally settled for $200.

But the guy said he dont have the cash now and is going back to Malaysia and will transfer the next morning.

 

We exchanged contacts and personal details and left the scene.

 

After stopping (about 2-3 hours later) and further checking, i realised that i have difficulty opening my car boot and then immediately SMS the guy not to transfer me money as the cost should be much higher. I also mentioned that i will send to car workshop the following morning to access the damage and will let him know the cost of repair first and see if he still wants to private settle or claim insurance. I even tried to call him but there was no answer (assuming he is in Malaysia).

 

At the car workshop i tried to call him and still no answer so i texted him the repair costs and gave him an hour or so to reply or else i will claim insurance.

 

Times up and i proceed to claim insurance and accident report (without highlighting about the private settlement portion).

 

A few months after i gotten back my car, the workshop called me and told me something like the other party did not report the accident because he has already done private settlement of $200 on the next day after the accident. Then i explained the private settlement part to them and forwarded the text messages as proof. I even went to the extent of getting the date / time of the $200 transfer and it was long after i message him the cost of repair.

 

All this while, there were no calls or sms from this guy and i didnt check my bank account untill i got the call from the workshop to verify the transfer.

 

After a few weeks, i received some lawyer letters asking for my actions to proceed with 'writ of summons' against the other driver as well as a cheque payment ($200) back to the owner.

 

They also indicated that in the event that the writ of summons failed, i will need to pay the workshop all the repair costs as well as some fees (about $5k+).

 

Being reluctant to be put to such risks, i explained my situation to them via email and did not consent on the writ of summons portion because the accident is clearly not my fault and only sent back the cheque to them.

 

I also tried writing to my insurance for assistance but there were no response or advise at all.

 

Several months passed and i recently received a letter stating that the law firm is discharging me from this case.

 

About 2 weeks later, i checked my mailbox and saw a letter from another law firm representing my workshop and they are claiming the costs against me.

 

The letter was dated 21 Jun and i have 7 days to act but i only opened my mailbox on the 30 Jun (Sunday).

 

I have written an email to the law firm explaining that i only saw the letter on Sunday and hope they can give me a week extension for consideration.

 

So now i am totally stuck on what i can or should do next.

Pardon the above long story but is there any advise from anyone please ?

 

Regards.

 

 

verbal agreement is legally binding (of course need to be proven, and your sms just prove that you had an verbal agreement).

 

to back off from an agreement.......both parties need to agree........in your case...you broke the agreement.

 

if he had transferred the $200 to you the next day..............legally he had fulfilled his part of the agreement.

 

you hide the private settlement portion from your insurance company...........when they found out you have this arrangement..........i don't know how they can over ride this agreement and claim for you.....

Edited July 1, 2013 by Tianmo