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Claiming with civil suit


Pelican
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the following is just a hypothetical case.

 

Car 1 (offending party) bumps into Car 2 damages the whole back bumper.

Car 2 is a fully decal with custom bodykit import from overseas.

In order to restore back to original look, Car 2 needs to import the back bumper, respray the bump and redo the decal.

The decal cannot just do the bumper area as the whole decal design is flow from the side of the car to the back of bumper, so whole decal have to redo.

 

Assume, to fully restore back to original look.

It will cost Car 2

- $1000 for import of customize back bumper

- $500 for respray of bumper (same type of protection paint as the rest of the car)

- $500 to redo the car decal

 

Car 1 is 100% at fault.

Car 1 (offending party) insurance assessor after assessing decide to only pay for $500 damages to just replace to a stock bumper.

 

With solid evidence, can Car 2 sue Car 1 (offending party) with civil suit to claim back the rest of the amount plus lawyer fee?

 

 

 

 

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Im not too familiar with the insurance policies but I would assume that most policies will only cover the cost of the repair back to stock condition. If such is the case then yes, the probability of the one in the wrong having to pay for the rest of the modifications would be high. There is also the remote possibility of him claiming his own insurance if he insured his modifications and then his insurance company would come after the party at fault.

 

If the prices you stated were indeed accurate and real, I would just pay the damages and settle cash with the owner. It would be cheaper on your insurance renewal and would also avoid all the unnecessary hassle to deal with the claim. The one in the wrong could probably even negotiate a lower price with the owner since he also doesnt have to deal with all the paper work and such.

Edited by Briansoh
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Based on my understanding, no. If Car 2's customized bumper is not from the factory and is not covered under his own insurance, the claim against the offending party is limited to stock parts only.

 

When my car was rear-ended with slight dent into the boot well, the workshop boss asked me whether I want to replace the boot well or knock back the dent, as my boot well has soundproofing material attached. If I chose to replace the boot well, there will be no soundproofing materials provided. Hence I chose to knock the dent back to near-original position.

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If you have evidence, you can sue for full claims (provided you prove that your claim isn't inflated). Most importantly, you should have brought your car to IDAC for an accident assessment which is required by law for fair claims.

You can win the case but as for lawyer's fees, it'll likely be like 80/20 and never 100%. so you still have about 20% to pay.

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It is best to neg with e other party's insurance b4 proceeding with a civil suit.

 

Personally, I successfully claimed for full replacement of a set of non-stock 17" rims becos it was common sense that in e long term, I can't drive with 1x16" stock rim and 3x17" upsized rims.

 

My case is nt e exception but it is insurance practice to repair/restore cars to stock condition. Which is why we hear of wkshops "helping" to lump aftermarket replacements/mods (eg bodykits) into final bill, inflating it so we now share share what ppl do to "overcome" this condition of repair/restore only to stock.

 

Unless, yr decals are so very very precious, of great signifiance to yr well being or great sentimental value etc etc, and the judge buys yr story then, u hv a winning chance. Otherwise, its back to stock condition.....

 

Heartpain but accidents do happen.......who wants their ride to lose the precious tag "accident free"? So what if its repaired/restored etc, it is not the same liao.....somemore e accident through no fault of yours.....lagi sianz.

 

Just my tots.....safe ride

 

Cheers

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