Urgent Advise Needed on Accident and Claims

[Tianmo]

he mentioned verbally, got black n white?

 

 

TS sms the other party............that is black and white already.........

[Hensony]

I thank the TS for this timely reminder. It doesn't pay to go for private settlement.

 

[Joecamel]

Verbal agreements are legally binding (correct me if i am wrong) and TS had confirmed the agreement by sending him the SMS (although, it was to change the amount). Both parties need to agree on any variances which the other driver wisely did not.

The other driver had also transferred the agreed money to TS, meaning that he has fulfilled his end already.

TS really no other choice but to pay up.

On the bright side, if the other party is Malaysian car, then TS may have made the right choice of getting at least $200, cos accidents claims against Malaysian cars can be very tedious and low success rates.

Good luck to TS>

 

 

[Galantspeedz]

Verbal agreements are legally binding (correct me if i am wrong) and TS had confirmed the agreement by sending him the SMS (although, it was to change the amount). Both parties need to agree on any variances which the other driver wisely did not.

The other driver had also transferred the agreed money to TS, meaning that he has fulfilled his end already.

TS really no other choice but to pay up.

On the bright side, if the other party is Malaysian car, then TS may have made the right choice of getting at least $200, cos accidents claims against Malaysian cars can be very tedious and low success rates.

Good luck to TS>

 

depends how you see it... Ts may have quoted him $200 but realised it's too little..... thus sms him till inform him... in this case not agmt mah...

 

the problem with verbal agmt is how to proof the agmt was there in the first place......

 

anyway all this is beside the point... lol

[Subutai]

Why didn't you OD claim then ask solicitor to claim the Msia insurance for the excess? Didn't the WS advised you on this?

 

Sounds weird that you have checked the damage (without opening and closing the boot) and agreed to a $200 private settlement then want to back out of it. The other party did ebanked you the $200 as agreed. You texted him but did you call him as well as you sounded desperate.

 

If I am him, i probably will think you are trying to pull a fast one.

[Swingarm]

I thank the TS for this timely reminder. It doesn't pay to go for private settlement.

 

If want private settlement, must go workshop access 1st, then tell the other party. If he agree, then go ahead. If not, ask workshop to proceed claim..

[Subutai]

Verbal agreements are legally binding (correct me if i am wrong) and TS had confirmed the agreement by sending him the SMS (although, it was to change the amount). Both parties need to agree on any variances which the other driver wisely did not.

The other driver had also transferred the agreed money to TS, meaning that he has fulfilled his end already.

TS really no other choice but to pay up.

On the bright side, if the other party is Malaysian car, then TS may have made the right choice of getting at least $200, cos accidents claims against Malaysian cars can be very tedious and low success rates.

Good luck to TS>

 

Yes.. claims against Msia cars can be tedious. My 2 cases dragged for 2 years +.

 

I managed to get my OD excess back and reinstate my NCD. Insurance company also pro-rated cash backs to me as my premiums were adjusted.

[Jman888]

lesson learnt, never agree on the amount even if it is a private settlement.

 

 

[Swingarm]

TS, seems like u are at the losing end. My suggestion is to negotiate with ur workshop and ask them if installment is an option. 5k is a big sum for most, if not, some of us.

 

So that you can bypass the lawyer fee.

[Ender]

Even private settlement, do not agree on the amount until you have your workshop give a quote..

 

But anyway, private settlement is not advisable when you are clearly not liable.

[Joecamel]

Interesting, the way you see things, agree to an agreement and then change.

Had always believed that an agreement cannot be changed unless all parties agree.

 

[Ender]

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.

Should have proceed with the 'writ of summon' as this is how workshop use law firm to claim the other party. At least still a small chance can claim. The problem is now his insurance would probably discharge him, as he did not report the accident, thus making the claim more difficult as the law firm is claiming him, and not his insurance.

[Galantspeedz]

Interesting, the way you see things, agree to an agreement and then change.

Had always believed that an agreement cannot be changed unless all parties agree.

 

nvm you don't get it...

[Pessimizt]

Hi all, sorry cos I have limit of 5 post per hour and am now not in office.

Its a singapore car but probably he stayed in malaysia.

 

My mistake was that I made too much assumption.

I tried to call him on the same night as well as before and afrer I made the accudent report

 

I assumed the driver will ackonwledge my sms that I will claim insurance.

I assumed he will not transfer the money.

My lawyer already requested back the $200 and paid the driver.

 

And I totally overlooked on the boot part because my focus was locked on the rear bumper.

 

So best now is to call the workshop and nego.

[Pessimizt]

The writ of summons also indicated that I need to pay the repair cost n fees if it doesnt goes through.

I feel its unfair and so the due date reached and the law firm discharged me from this case.

 

Wi did report the accident and my insurance company should be informed right? Why so many people keep saying that I did not inform them?

[Jman888]

if i were the other driver, i also won't respond and act blur quickly remit the money to your accounts and case close.

 

Hi all, sorry cos I have limit of 5 post per hour and am now not in office.

Its a singapore car but probably he stayed in malaysia.

 

My mistake was that I made too much assumption.

I tried to call him on the same night as well as before and afrer I made the accudent report

 

I assumed the driver will ackonwledge my sms that I will claim insurance.

I assumed he will not transfer the money.

My lawyer already requested back the $200 and paid the driver.

 

And I totally overlooked on the boot part because my focus was locked on the rear bumper.

 

So best now is to call the workshop and nego.

 

[Civic2000]

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.

 

When you intend to make a claim, either a third party claim or claiming your own insurance, your workshop has to arrange for a survey to be conducted by the Insurer and the repair can only be carried out after it has been authorized by the insurance company concerned after the survey.

 

In your case, who authorized the repair? Did your workshop arrange for a survey of the damages? If all these are not done, I would take it the workshop carried out the repair on your request or rather you have authorized the repair, then you have no case but to pay up in full.

Edited July 1, 2013 by Civic2000

[Pessimizt]

When you intend to make a claim, either a third party claim or claiming your own insurance, your workshop has to arrange for a survey to be conducted by the Insurer and the repair can only be carried out after it has been authorized by the insurance company concerned after the survey.

 

In your case, who authorized the repair? Did your workshop arrange for a survey of the damages? If all these are not done, I would take it the workshop carried out the repair on your request or rather you have authorized the repair, then you have no case but to pay up in full.

 

 

I believe someone did the survey.

But I am surprised the amount went up to 4.8k.

I requested for their invoice (because they didnt do a god job) and it only shows 'repair cost'.

 

I just gotten an email from the law firm saying that their cliebt is not agreeable with installment and I need to pay in full by this week.

 

Sian liao.