Seeking advices on insurance claims

[Justicelegends11]

Hey Bros,

i have been involved in a car accident about a year ago and recently third party insurance company (NT_C) accepted my claim at 50% liability only. The claim was carried out by my AD (B Motors) . Should i accept the offer? or do i have any alternative ways of dealing such situation e.g. to engage another lawyer to deal with this matter?

Please refer to below narrative accident report:

As I arrived at the checkpoint, i turned in to queue at counter 3. The traffic controller was swinging her torchlight back and forth, indicating me to move forward to avoid jamming the traffic.

Hence, I followed her signal and shifted from counter 3 to other counter at a slow speed (2km-3km/hr). 3 seconds later, i heard a loud bang suddenly. A black car, from the other lane crashed into the front left side of my car. The driver was moving swiftly without signalling and It clearly shows that his car bumped into my car as i have stopped my car in time. 

Therefore, should i be penalized from this incident?

1) i'm following the signal from traffic controller (to move forward) at Malaysia Immigration 

2) my vehicle was moving forward slowly to avoid causing the jam as the traffic was very heavy

3) my car was stopped immediately (as i travel like 2-3km/hr) when i saw his car switched into my lane. It clearly shows that his car bumped into my car as i have stopped my car in time.

4) The black vehicle driver was impatient and moved swiftly into my lane without signalling or checking on right mirror on the oncoming vehicle before changing lane

 

p/s: attached with my car cam video for bros to provide me d advices. many thanks

[Macrosszero]

From what I can see, its a 50-50 claim and the offer is fair. 

Suck it up and move on. 

[Toeknee_33]

Advice cannot be counted. Many pieces of advice is still advice. 😊

Your narrative differ greatly from the video.

1) I don't think the traffic controller was swinging her touch at anyone in particular, much less you.

2) When you spotted the shorter queue to your left, you decided to switch over and did not check your left blind spot to see if there is approaching traffic.

3) It seemed that you bumped into his front fender and not he bumped into you. You car jerked to a stop after the impact, not before.

IMO, you are lucky and ought to take the 50:50 and run.

Edited November 30, 2020 by Toeknee_33

[1fast1]

Basically, I act blur with the idiots directing traffic at both sides and only go if I think it's 100 percent safe myself. 

[t0y0ta]

Side collision - usually 50-50

Esp you are the slower car behind. Usually regarded as more at fault

Remember both of you are making lane changes. If either one had been careful and conscious of other traffic would not have accident. So this case is 2 wrongs = accident.

Edited November 30, 2020 by t0y0ta

[Carbon82]

@Justicelegends11 I believe your claim is handled by the lawyer of your insurer, so why not inform your insurer lawyer that you don't accept 50% liability. I am not saying that 50% is not a fair amount but no harm trying for more.

I have 2 separate dealings with this insurer you mentioned, in one case (on behalf of a friend) we got extra $6K - $7K payout for a total lost claim, while the other case (I am involved in a chain collision), I manage to fight all the way till I have 0% liability (which was backed by my car cam footage). 

[Spurman]

Forget it. 50 50. From pov. Prob 70percent your fault.

We no judge. But changing lanr accident thingy not in your favor.

Learn your lesson. Judge by yourself. Not by others.

[Bezbee]

20 hours ago, Toeknee_33 said:

Advice cannot be counted. Many pieces of advice is still advice. 😊

Your narrative differ greatly from the video.

1) I don't think the traffic controller was swinging her touch at anyone in particular, much less you.

2) When you spotted the shorter queue to your left, you decided to switch over and did not check your left blind spot to see if there is approaching traffic.

3) It seemed that you bumped into his front fender and not he bumped into you. You car jerked to a stop after the impact, not before.

IMO, you are lucky and ought to take the 50:50 and run.

Agreed with the above observation ... cam car shd bear partial blame for the accident 

Many a times, we don't see our own fault ... it is always other people in the wrong.

From the video, I hope the damage isn't very severe .... accept the 50/50 and move on la ...  enjoy the upcoming X'mas & Festive holidays

 

[Mooose]

i also think that the traffic controller was waving the torch at traffic in general and not at you.

can the black car also say that he was also following the torch and moving forward?

i would consider that you had already joined a lane and then changed your mind (whether because the other queue is shorter or because of the torch) so of i go on this thought it means you cut out to the main traffic which the black car was at ..

imho based on what i can see only i would take 50% and move along ..

[Dafansu]

traffic controller can be waving but still under the obligation of drivers to ensure safety before moving or changing lane. In this case more of 50/50% no point waste time. 

[Hamburger]

Traffic controller don't have the steering wheel. 

The driver does. 

[Jamesc]

Sorry to disappoint you but the traffic controller

was NOT swinging her big torchlight at you at all.

I have seen lot of ladies swinging their big touchlights

but I never always think they are swinging it AT me.

[dino80]

43 minutes ago, Jamesc said:

Sorry to disappoint you but the traffic controller

was NOT swinging her big torchlight at you at all.

I have seen lot of ladies swinging their big touchlights

but I never always think they are swinging it AT me.

No one ever shine their headlight to me, much less swing, u lucky man...😆

[t0y0ta]

2 hours ago, Bezbee said:

Agreed with the above observation ... cam car shd bear partial blame for the accident 

Many a times, we don't see our own fault ... it is always other people in the wrong.

From the video, I hope the damage isn't very severe .... accept the 50/50 and move on la ...  enjoy the upcoming X'mas & Festive holidays

 

At least for TS, he no more need to risk his car at ICA checkpoint for the holiday season.

[Jamesc]

I think TS is lucky to get 50%

He has a good lawyer. A very good lawyer.

If TS can PM his lawyer name for me

my MIL has a few cases pending.

She needs a very good lawyer too.

[Apple-Tree]

Aiyo ........ No matter how you argue, 50/50 is very lucky liao. U could have been 100% because the video, as some forumer mentioned, you have already left the lane into the counter lor.

The worse is this kind of case, close eyes also know is 50/50 and you GO AD to Repair.

 

[Dafansu]

19 hours ago, Apple-Tree said:

Aiyo ........ No matter how you argue, 50/50 is very lucky liao. U could have been 100% because the video, as some forumer mentioned, you have already left the lane into the counter lor.

The worse is this kind of case, close eyes also know is 50/50 and you GO AD to Repair.

 

actually at this position the TS should just drive in, why change to another lane. Alot of such drivers around at the custom leading to unnecessary accidents. 

[thebutcher]

Alamak TS so impatient ah? Just 2 cars ahead and still wanna change counters... 

Anyway, agree with one of the bros here. Side collisions are tough. No point dragging the case and enduring anxiety, headaches etc.. 

Take the settlement and go. 

Edited December 2, 2020 by thebutcher