Imamiah Clutched April 16, 2013 Share April 16, 2013 Dear all, I'm helping a friend to post the following. Happened a few years back and his family is unsure on what to do next. If family is able to prove that the driver's statement is flawed, will they stand a chance? Especially on the fact that the driver claimed that the motorcyclist did not wear helment. In Singapore, only Singhs are exempted to wearing helment and the motorcyclist is not a Singh. Thanks in advance guys! ↡ Advertisement Link to post Share on other sites More sharing options...
Ghostrider 3rd Gear April 16, 2013 Share April 16, 2013 Complicated case...best speak to a lawyer. Link to post Share on other sites More sharing options...
Imamiah Clutched April 16, 2013 Author Share April 16, 2013 Complicated case...best speak to a lawyer. From what I gathered from my friend, the lawyer like very lousy and the IO like bo chap. Link to post Share on other sites More sharing options...
Darryn Turbocharged April 16, 2013 Share April 16, 2013 Can ambulance record say if motorcyclist wearing a helmet? Where was the helmet when authorities arrived? Was it raining that day - had it just stopped raining? What possible reason for stopping in the shelter? Link to post Share on other sites More sharing options...
Swingarm 1st Gear April 16, 2013 Share April 16, 2013 Based on experienced, is lawyer against lawyer.. See who is more aggressive. If motorcyclist lawyer is from small company while the mini-bus lawyer is form a big company, the motorcyclist lawyer will advise to accept the amount. They are afraid that they will lose the case if pursue further.. Ask for second opinion from another lawyer. If that lawyer advise the same thing, then swallow it. Link to post Share on other sites More sharing options...
Ghostrider 3rd Gear April 16, 2013 Share April 16, 2013 From what I gathered from my friend, the lawyer like very lousy and the IO like bo chap. Change the lawyer. IO case I can't comment...maybe this case, he has nothing to go on as one party can't give his side of the story ? Link to post Share on other sites More sharing options...
Imamiah Clutched April 16, 2013 Author Share April 16, 2013 Can ambulance record say if motorcyclist wearing a helmet? Where was the helmet when authorities arrived? Was it raining that day - had it just stopped raining? What possible reason for stopping in the shelter? Good points. Will get my freind to establish this ASAP. Especially on the amubulance records part! Link to post Share on other sites More sharing options...
Dark 5th Gear April 16, 2013 Share April 16, 2013 Good points. Will get my freind to establish this ASAP. Especially on the amubulance records part! How did the minibus lawyer prove that the motorcyclist is not wearing a helmet in the first place? Link to post Share on other sites More sharing options...
Whizzy Clutched April 16, 2013 Share April 16, 2013 (edited) No matter whose at fault, motorcyclist still can claim medical from the minibus's insurance. Only for repair cost will depends on who's fault. The motorcyclist has a better chance to win this case as the minibus hit him from behind. Normally, this sort of cases, IO don't bother much. Both parties have settle among themselves. Should forget about the lawyer (IMO, his is completely incompetent). Get a reputable bike shop who specialised in accident claim will be easier. Edited April 16, 2013 by Whizzy Link to post Share on other sites More sharing options...
Maxus-MIFA9 Supersonic April 16, 2013 Share April 16, 2013 IO lazy lar.... IO should have charge the van driver under "failing to keep a proper look-out" for other road users ... 4 Wheels against 2 Wheels and sure the 4 wheels win lar. He can say whatever he want but this clause "Failing to Keep a Proper Look-out" should stand. Link to post Share on other sites More sharing options...
Xers007 Supercharged April 16, 2013 Share April 16, 2013 who can hire the most expensive lawyer who wins... so down to who is willing to throw in more money to fight this case... Link to post Share on other sites More sharing options...
Whizzy Clutched April 16, 2013 Share April 16, 2013 One famous lawyer ever said law is depnds on whether you're rich or poor (of course he later had to retract his statement). I has a friend, he was riding in the first lane, one lorry made a right turn from 2nd lane and my friend couldn't stop in time and rammed to the lorry. He received a summon with fine and demerit point from TP later for rashness riding and without proper look out. He disagreed and got a lawyer to write back to TP. Luckily he got witnesses willing to testify for him and wrote a statement for him to forward to TP. Later he received a letter from TP again and they were so nice to waive the summon and "just" gave him a stern warning. My friend disagreed and got the lawyer to rebutted the TP's letter. Later, TP replied that they retract the warning to him and issued a stern warning to the lorry driver instead. Link to post Share on other sites More sharing options...
Mustank Hypersonic April 16, 2013 Share April 16, 2013 this is why now i even see motor guys use this: Link to post Share on other sites More sharing options...
Moredhel 2nd Gear April 16, 2013 Share April 16, 2013 IO lazy lar.... IO should have charge the van driver under "failing to keep a proper look-out" for other road users ... 4 Wheels against 2 Wheels and sure the 4 wheels win lar. He can say whatever he want but this clause "Failing to Keep a Proper Look-out" should stand. Bro, abit sala. Minibus driver already state that motor dash out from shelter area, which even if keep a proper lookout can't be avoided. If that is the case, it would be classify as accident and if I'm the minibus driver, I'll will dispute the 'proper look out' clause all the way, and expanding the 'dash out of shelter' to 'reckless riding and disregard for other road users' leading to an accident. Any reasonable lawyer will catch onto this, thus negating the 'proper look out' clause at the minimum. I would say that minibus driver has all the aces in hand especially since motor guy can't recall the events. But TS, the term 1 year expenses is very subjective. One year salary + bonus + stay in Mt E class A ward + all medical costs + nurse + motor payment + repair + ??? In any case, the monies offered depends largely on the severity of the case and the quantum of damages including medical, and most importantly, the chances of winning/losing the case. If there is no permanent disability(loss of memory excluded, proven brain damage included), then the offer of 1 year expenses is actually generous. What was your original put up compensation amount? 3 years? 5 years? Whizzy, nope. He can TRY to claim from minibus insurance medical. But end of day will likely claim from OWN insurance medical if the case goes the way of the mb driver. Medical claims are normally made after the initial accident case is settled, which will make for easier decision on whose insurance to claim from. Link to post Share on other sites More sharing options...
Whizzy Clutched April 16, 2013 Share April 16, 2013 (edited) Probably you're right. But I do have a true case that a motorcyclist successfully claimed the full medical from the car driver even proven the motorcyclist was at fault. In turn, the car driver successfully claimed against the motorcyclist for the repair cost. I'm scratching my head too.... Edited April 16, 2013 by Whizzy Link to post Share on other sites More sharing options...
Imamiah Clutched April 17, 2013 Author Share April 17, 2013 Probably you're right. But I do have a true case that a motorcyclist successfully claimed the full medical from the car driver even proven the motorcyclist was at fault. In turn, the car driver successfully claimed against the motorcyclist for the repair cost. I'm scratching my head too.... Motorcycle in the wrong - managed to claim medical? Car in the right - managed to claim the repairs? Lawyer settle or the insurance settle? Link to post Share on other sites More sharing options...
Whizzy Clutched April 17, 2013 Share April 17, 2013 Claimed insurance. I don't really know the detail how the biker managed to claim but I understand motorcycle more then 5 yrs old is not allowed to purchase comprehensive insurance. Therefore most of the bikes can not claim their own insurance. Link to post Share on other sites More sharing options...
Rustyz 5th Gear April 17, 2013 Share April 17, 2013 Seriously the bus company is a B@stard got injury still don't let go . Anyway court case is a game of who has deeper pocket and patient. I posted this before that I met an accident with a mini bus not too long ago. This bus company are the old bird on the road the accident they handle half a year may be more than the number you can meet for a few lifetime. Be firm and seek MP help and legal aid. I wonder how they sleep at night? ↡ Advertisement Link to post Share on other sites More sharing options...
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