JaZZ accident, pls help!!

[Yeochris]

hi guys, i posting this on behalf of my friend:

 

this's wat happen to his car:

He personally rented his car to his colleague and this guy is a P-plate.. On saturday, this guy duno y ski my friend's Jazz, hitted the central divider and then THE WHOLE CAR GONE INTO THE DRAIN!!WTF!! traffic police arrive and took down my his particular..

The car repair cost estimated to be around $8k and damage government property another$10k!! that will be close to $20k, lucky he bought 1st party: think he still need to pay about $2-$3k, the rest will cover by insurance(off coz the premium will increase next yr) normally by how much? anyone know?

 

Now there's a problem between my friend and the driver: the driver just agree to pay for the $2-3k.. after hearing this, i find it very unfair to my friend right? since the TP noted down the driver particular and he's the one driving, if he die die dun wanna settle: can my friend go thru lawyer and ask for the nesscessary payment so that my friend wont come out a single cent?

pls advice....

[Yeochris]

now the car need about 1mth to repair....

[macrosszero]

First and foremost, is the insurance company privy to the fact that the car was rented out at the point of the accident? This may invalidate the car's insurance (check the insurance documents, there is a clause for this if so). If that is the case, then the driver of the car would be charged for the damage to government property, but the car owner will have to bear the cost of his own repairs.

 

Assuming that insurance is valid, the driver of the vehicle is only liable to pay the insurance excess. Assuming the insurance company does not write off the car, it will pay for the remainder of car repair cost, as well as the repairs for the damaged government property. Any other losses, or perceived losses, then the owner of the vehicle will have to engage a lawyer to in a civil suit to recover (loss of value of vehicle, increase in insurance premium, loss of use of vehicle, legal fees, etc).

 

Good luck, but this can go sour very quickly.

Edited June 19, 2007 by Macrosszero

[So_nice]

best not to lend ur car to others.

[Nutty]

I believe most insurance cover only the driver and a few other "co-drivers". These are written in black-n-white.

 

If the accident is caused by someone else, it might get sticky.

 

Maybe fellow forummer Guyver can advice more.

[Yeochris]

ermm, problem is he verbally rented to his friend without black & white.... btw, the insurance only got my friend;s name and his brother name as the co-owner of the car leh..

 

now his colleague is a P-plate and TP oredi noted down his particular. in this case, if the insurance company found out the driver is not him and his brother, will they pay for it??

[Mach]

I think most insurance policies, unless for "named" drivers, cover other drivers driving with the owner's permission or under his orders, so if a friend borrowed the car and crashed it, it should still be covered.

Most insurance policies however do not cover hiring out of the car, thus the insurance company may decline cover in this instance if they are aware of the rental arrangement.

 

If I'm mistaken about the above, someone please correct me.

[Yeochris]

so my question is if the driver got permission from the owner and he crashed the car... in the end, this driver refuse to pay any single cent, and there's witness that he is the one who crashed the car. CAN my friend hire a lawyer to get back all the repair cost?

[Julian]

Insurance will not cover if the driver is not a "named driver"

[Mach]

I don't see a strong ground on which your friend can sue the guy if there is no prior undertaking to pay in the event of an accident.

Even in rental agreements from car rental companies, there is an undertaking by the renter to pay for all damages, and this forms the basis of the claim.

[Julian]

Best to settle out of court with the "friend". Laywer fees are not cheap, but if friend dun wanna pay for damages, then sue him.

[Yeochris]

wow, i tot private car is any rider unlike motorcyle only allow two rider?

 

 

now driver only want to pay the insurance exess, which is around 2-3k and dun wanna pay additional to cover my friend extra premium. thats very unfair to my friend.

 

and if insurance dun cover at ALL!! like that can my friend sue him if the driver dun wanna pay the damage at all? and wats the possibility % of winning the case?

[Serag15]

Julian, unnamed drivers will also have coverage but higher excess. Named drivers will enjoy lower excess.

[Hiphiphoray]

THAT friend may turn around and instist the car is on "verbal rental agreement basis". Then hon-kang liao. Im sure the insurance company will be waiting to jump on this one.

 

Either way, your friend will lose out. Best is to settle within yourselves. In other words....squeeze balls & absorb the costs lor. LPPL case.

[Vince69]

I think most insurance policies, unless for "named" drivers, cover other drivers driving with the owner's permission or under his orders, so if a friend borrowed the car and crashed it, it should still be covered.

Most insurance policies however do not cover hiring out of the car, thus the insurance company may decline cover in this instance if they are aware of the rental arrangement.

 

If I'm mistaken about the above, someone please correct me.

 

This is what I think so also, last time, back then I was with NTUC (my previous car), when I heard about this 'named drivers' thing, I called them up and ask if I need to put my wife's name as a named driver?

the response was, if she is driving the car most of the time, then its best to insured it under her name. when I say she only drive once in a while, the response was, there is no need to add her name as named driver, and she will still be covered.

[Boxster]

ermm, problem is he verbally rented to his friend without black & white.... btw, the insurance only got my friend;s name and his brother name as the co-owner of the car leh..

 

now his colleague is a P-plate and TP oredi noted down his particular. in this case, if the insurance company found out the driver is not him and his brother, will they pay for it??

 

I am sure the insurance company will find out that the driver is not the owner or owner's brother. Pay or not will depends on the policy and owner rent or lend the car

[Mach]

"Named" drivers also applies to those insurance for very expensive cars, where the driver permitted to drive the car is specified.

[Boxster]

so my question is if the driver got permission from the owner and he crashed the car... in the end, this driver refuse to pay any single cent, and there's witness that he is the one who crashed the car. CAN my friend hire a lawyer to get back all the repair cost?

 

Driver refuse to pay a single cent to the owner is a private settlement between owner and (crash driver) anyway the police had taken statement from (crash driver)