Car Accident Advice Needed : What if 3rd party claim fails?

[Mustank]

Claim from Taxi.

 

 

My case. Single lane road. Panel van illegal park by the side of the road. I drove pass it, eating into the opposite lane. Driver suddenly open door. My side mirror smashed. Driver say my fault, never keep 1.5m. I say he open door wide wide how I avoid and why he never check clear.

 

We cannot come to an agreement. I gave him chance to private settle. $250 for the whole side mirror assembly. He dont want. We report insurance. I submit in-car footage. In the end, his insurance pay $1,000 for my workshop repair. They replace side mirror and respray whole left side cause got minor scratches from the broken side mirror. I win.

 

this is very valuable data!

[Spring]

Claim from Taxi.

 

 

My case. Single lane road. Panel van illegal park by the side of the road. I drove pass it, eating into the opposite lane. Driver suddenly open door. My side mirror smashed. Driver say my fault, never keep 1.5m. I say he open door wide wide how I avoid and why he never check clear.

 

We cannot come to an agreement. I gave him chance to private settle. $250 for the whole side mirror assembly. He dont want. We report insurance. I submit in-car footage. In the end, his insurance pay $1,000 for my workshop repair. They replace side mirror and respray whole left side cause got minor scratches from the broken side mirror. I win.

 

Good for you bro! I also feel the one who opens the door should be responsible which is logical cos u need to keep a lookout for oncoming cars, bicycles, motorcycles and even pedestrians!!

[Solar]

Claim from Taxi.

 

 

My case. Single lane road. Panel van illegal park by the side of the road. I drove pass it, eating into the opposite lane. Driver suddenly open door. My side mirror smashed. Driver say my fault, never keep 1.5m. I say he open door wide wide how I avoid and why he never check clear.

 

We cannot come to an agreement. I gave him chance to private settle. $250 for the whole side mirror assembly. He dont want. We report insurance. I submit in-car footage. In the end, his insurance pay $1,000 for my workshop repair. They replace side mirror and respray whole left side cause got minor scratches from the broken side mirror. I win.

Yes long time ago I also got into such a situation. The one who doesn't check clear will be at fault.

 

Also claimed 1.2k for my Nissan sunny side mirror assembly back then.

 

I recall also even taxi drivers are at fault if their passengers don't check clear.

[Adrianli]

So nowadays, I have a habit of tapping my horn when I going to pass a stationary vehicle on a single lane road. Just to let the passenger or driver know I am coming thru.

[SGCMmaomao]

Claim from Taxi.

 

 

My case. Single lane road. Panel van illegal park by the side of the road. I drove pass it, eating into the opposite lane. Driver suddenly open door. My side mirror smashed. Driver say my fault, never keep 1.5m. I say he open door wide wide how I avoid and why he never check clear.

 

We cannot come to an agreement. I gave him chance to private settle. $250 for the whole side mirror assembly. He dont want. We report insurance. I submit in-car footage. In the end, his insurance pay $1,000 for my workshop repair. They replace side mirror and respray whole left side cause got minor scratches from the broken side mirror. I win.

 

Your situation will be easier to solve however my question involved another party..

 

Can i say that the taxi driver fault cos he fail inform passenger not to get down from the safe side? Pai seh, I'm just curious about this accident scenario.. 

[Kingkong]

We have to understand that whatever highway codes/rules there are, it is totally different when it comes to accident claims.

 

In this open-door-at-driver-side incident, even if driver blur never drive slow enough to notice the door is opening, it'll still be the taxi's fault. Why? Coz it caused obstruction to a moving vehicle.

 

Now who owns/drives the taxi? Who cares? The taxi 'caused'/involved in the accident, then claim from the taxi's insurance company.

 

If the taxi company not happy, they can jolly well claim against the passenger, that's their problem. Why make it your problem?

 

PS : To those who are still wondering why its not 50/50 case, or who is at fault, go read up on how our local insurance companies based on auto claims - Bola. The article is posted many times in this forum. Do a search.

Edited June 20, 2016 by Kingkong

[Nzy]

Does any bro/sis here ever came aross this accident? Taxi stop at the side alighting passenger, small lane so just nice got space for u to drive by but split second passenger open the door at wrong side, damage ur car and taxi door.

 

question: Claim from who? I ask my manager, he smile and ask me post this question to our lawyer.. siao eh..   

 

Based on BOLA, you can claim from taxi.

[Apple-Tree]

Whatever you choose.  Once selected is irreversible.

 

For example, you file 3rd claim, you can change to ownself claim when 3rd party claim failed.

 

 

 

 

 

 

Your situation will be easier to solve however my question involved another party..

 

Can i say that the taxi driver fault cos he fail inform passenger not to get down from the safe side? Pai seh, I'm just curious about this accident scenario.. 

 

[Sci10213]

Whatever you choose.  Once selected is irreversible.

 

For example, you file 3rd claim, you can change to ownself claim when 3rd party claim failed.

 

Your 2 statements contradict ... should it be "CANNOT" instead of "CAN" ?? 

[Adrianli]

Photos from the accident :

 

 

 

 

 

 

[SGCMmaomao]

Photos from the accident :

 

The van damages wasn't that bad.. Should have done mutual with u.. Damn fark..

[Apple-Tree]

Oh yes ....... Cannot .....

 

Your 2 statements contradict ... should it be "CANNOT" instead of "CAN" ?? 

 

[Apple-Tree]

OK.  Nevermind, theory is NOT REAL.  Anyway, just because not many follow this rule, people died. 

Let put this aside la ......

 

Anyway, when in IDAC he should have seen that 24 scenario in a A4 page. He must ownself identify lor.

 

If it is under this 24 standards scenario than it go into standard batch processing lor. Very std 100 or 50/50.

 

 

Aiya, it has been simple all along, wait abit lor why rush.  If have waited he would not need to write the long story here lor.

 

I also kenna before except I more lucky, I only lost my voice in a shouting gaming.

 

 

Anyway again, the outcome :

 

 

a) Both side claimed eachother,  Both lost NCD, TD lost more 1K security deposit, izzit ??

b) One side admit fault, total claim less than 3K, no one lost NCD

c) One side have less than 30% liability, no NCD, the other lost NCD but no excess.

d) Pending. TD favourite.  Lost of use windfall lor.

 

 

Even pending also lost NCD hor. And hor, fix at own insurance AWS hor than go outside WS hor.

 

 

 

We have to understand that whatever highway codes/rules there are, it is totally different when it comes to accident claims.

 

In this open-door-at-driver-side incident, even if driver blur never drive slow enough to notice the door is opening, it'll still be the taxi's fault. Why? Coz it caused obstruction to a moving vehicle.

 

Now who owns/drives the taxi? Who cares? The taxi 'caused'/involved in the accident, then claim from the taxi's insurance company.

 

If the taxi company not happy, they can jolly well claim against the passenger, that's their problem. Why make it your problem?

 

PS : To those who are still wondering why its not 50/50 case, or who is at fault, go read up on how our local insurance companies based on auto claims - Bola. The article is posted many times in this forum. Do a search.

 

[Kurty]

had been disturbed for the last few days, received a lawyer letter pertaining to an accident which happened on a weekday morning..

 

weather: raining

timing: around 640am

 

I was at the most left lane, alight my wife to the train station.

kiss goodbye and slowly move off..

 

this chap came from 2nd lane and abruptly hit my right wheel and bumper.

After the accident.. start to swear and curse at me..

 

I kept my cool and told him I was at the right way, afterall I am going straight, he ought to check before he made the left turn to alight his passenger..

 

well, I drive a small and humble car.. unlike him.. new Renault with nice car plate..

he started to take pictures of my car and even demand for my ic/driving license.

as he was rude, I don't wish to entertain him much.

 

Just take a picture of his car plate and drove off at his face since I got a video recorder in my car.

 

Send to my workshop for review and was assured, that I had the right of way.. most likely the court will go for 80% to my advantage..

 

back to the lawyer letter, the letter demand a compensation of 6k on his car.

on it, it reveal the statement and address of that chap..

he had made a report to TP, saying I was a hit and run..

don't want to give him more information such as driving license etc..

 

best is his sketch, he draw he made the switch to lane 3 then I hit him..

 

my god, if I really do that, I would hit his rear..

 

damn.. some people are really annoying and unreasonable..

you can be rich or wealthy but least, I have my right..

 

my workshop told me to ignore that letter and leave it to the law firm to settle..

its just a petty scratch.. I could do off with some monetary settlement and move off with life..

[Adrianli]

Can post screenshots of the video?

[Apple-Tree]

I think it should be quite clear cut. 100% on you.  But rain is in your favour. You moving off from stationary position.

 

Just pass this letter to your insurance.  I assume you idac already.

 

Don't worry, NCD loss aside, the increase in premium is really no so much - according to my friend who kenna.

 

 

 

had been disturbed for the last few days, received a lawyer letter pertaining to an accident which happened on a weekday morning..

 

weather: raining

timing: around 640am

 

I was at the most left lane, alight my wife to the train station.

kiss goodbye and slowly move off..

 

this chap came from 2nd lane and abruptly hit my right wheel and bumper.

After the accident.. start to swear and curse at me..

 

I kept my cool and told him I was at the right way, afterall I am going straight, he ought to check before he made the left turn to alight his passenger..

 

well, I drive a small and humble car.. unlike him.. new Renault with nice car plate..

he started to take pictures of my car and even demand for my ic/driving license.

as he was rude, I don't wish to entertain him much.

 

Just take a picture of his car plate and drove off at his face since I got a video recorder in my car.

 

Send to my workshop for review and was assured, that I had the right of way.. most likely the court will go for 80% to my advantage..

 

back to the lawyer letter, the letter demand a compensation of 6k on his car.

on it, it reveal the statement and address of that chap..

he had made a report to TP, saying I was a hit and run..

don't want to give him more information such as driving license etc..

 

best is his sketch, he draw he made the switch to lane 3 then I hit him..

 

my god, if I really do that, I would hit his rear..

 

damn.. some people are really annoying and unreasonable..

you can be rich or wealthy but least, I have my right..

 

my workshop told me to ignore that letter and leave it to the law firm to settle..

its just a petty scratch.. I could do off with some monetary settlement and move off with life..

 

[Ingenius]

Agree that kurty drive off from stationary and probably didn't check blind spot so looks like his fault to me. But also the other car abruptly change lane also contribute to the accident. That's why whenever move off must check blind spot not just beside but also behind , because a car changing lane behind may not expect a car to move off from stationary suddenly.

[Adrianli]

Agree that kurty drive off from stationary and probably didn't check blind spot so looks like his fault to me. But also the other car abruptly change lane also contribute to the accident. That's why whenever move off must check blind spot not just beside but also behind , because a car changing lane behind may not expect a car to move off from stationary suddenly.

 

Especially taxis.

 

I will tap my horn when passing a stationary taxi.