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#1

Posted 28 August 2017 - 12:40 PM

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Scenario goes like this: I was stuck behind a line of cars in Lane 1 turning right so I decided to filter to Lane 2. Waited a while for some cars to pass, finally all-clear. I had entered the lane about half-way when this Nissan Note collided into my front left. I dunno whether it's evident in the video but he was filtering from Lane 3 to Lane 2. We stopped by the side and exchanged particulars and since I was in a rush to fetch my family from airport, we left the scene shortly. I did tell him that this is a 50-50 liability accident as both of us were filtering into the middle lane, so we should just both settle our own damages.

 

 

Subsequently, he messaged me to tell me that he's going to report the accident and claim my insurance. 50-50 accident can claim the other party's insurance? He feels that I'm totally at fault for this accident. When he makes the accident report, will the person advise him that this is likely a 50-50 scenario and thus, he should pay out of pocket for his damage? His car was quite badly damaged (dents, scratches from front driver door to rear) whereas mine can probably be settled with a polishing session.

 

Sincerely seeking forumers' advice on whether you feel the fault lies with either party and experience in whether his claim against my insurance can be valid. This is my first at-fault accident over 13 years of driving, so not quite sure how an opposing claim on my own insurance will be handled. If he does claim successfully, I'll feel extremely aggrieved as it's clearly a case of 2 cars entering the same lane (50-50% liability according to BOLA) and risk losing my 50+5% NCD over this.

 

P.S. My damage vs his really showed the difference between a Conti and Jap car in the event of a collision.


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#2

Posted 28 August 2017 - 01:09 PM

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Unless you have rear cam proving otherwise, it's hard for you to win the case.

 

Or if you saw that his car has front cam, demand that the driver submits the footage to his reporting centre.

 

Throw benefit of doubt on his claim.


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#3

Posted 28 August 2017 - 01:37 PM

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i think is 50/50 but as to how insurance computes 50/50 i think need ask your insurer

 

does 50/50 means each person pay their own repairs or add up both repairs than divide by 2?

 

if it is the latter, then quite obvious why the other driver will want to claim

 

alternatively,

 

speak to your insurer and ask them reveal the payable amount and if it is possible to pay out of pocket if you choose to


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#4

Posted 28 August 2017 - 01:38 PM

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Scenario goes like this: I was stuck behind a line of cars in Lane 1 turning right so I decided to filter to Lane 2. Waited a while for some cars to pass, finally all-clear. I had entered the lane about half-way when this Nissan Note collided into my front left. I dunno whether it's evident in the video but he was filtering from Lane 3 to Lane 2. We stopped by the side and exchanged particulars and since I was in a rush to fetch my family from airport, we left the scene shortly. I did tell him that this is a 50-50 liability accident as both of us were filtering into the middle lane, so we should just both settle our own damages.

 

 

Subsequently, he messaged me to tell me that he's going to report the accident and claim my insurance. 50-50 accident can claim the other party's insurance? He feels that I'm totally at fault for this accident. When he makes the accident report, will the person advise him that this is likely a 50-50 scenario and thus, he should pay out of pocket for his damage? His car was quite badly damaged (dents, scratches from front driver door to rear) whereas mine can probably be settled with a polishing session.

 

Sincerely seeking forumers' advice on whether you feel the fault lies with either party and experience in whether his claim against my insurance can be valid. This is my first at-fault accident over 13 years of driving, so not quite sure how an opposing claim on my own insurance will be handled. If he does claim successfully, I'll feel extremely aggrieved as it's clearly a case of 2 cars entering the same lane (50-50% liability according to BOLA) and risk losing my 50+5% NCD over this.

 

P.S. My damage vs his really showed the difference between a Conti and Jap car in the event of a collision.

 

A few points to make:

 

1) This business about 50:50 is not up to you or him or anyone who's not an insurance adjustor to reckon. The BOLA was only provided publicly because of all the KPKB that Singaporeans were doing about the lack of transparency of claims. It's only a generic guideline. The insurance companies can still decide whatever they want and there's not much you can do about it short of suing them.

 

2) Of course he can claim against your insurance. He is putting the fault on you.Now it's up to both insurance companies to haggle. But even if it's finally decided to be 50-50, insurance can still pay out, except that it'll be both companies paying. Nothing makes them happier than doing this for middling claims - they now get to cut both your NCDs and load both of you. Since they're all one big happy family, they (collectively) win and you both lose. Orbi goot.

 

3) If you'd cared so much about getting assigned liability, you should have done the whole reporting thing at the roadside right at the scene. Your family can wait a little. At the least you would've had a black and white agreement about what's going to happen next.

 

4) But even so, under the current GIAS rules, you can't NOT report. Then you'll be screwed even more big time by your own insurer. The other driver is actually being very decent (intentionally or not) by informing you he's reporting, because you can now quickly go and put your version in writing.

 

5) (finally) This illustrates why one shouldn't try to be "too greedy" in filtering here and there. By trying to save at most a minute, you ended up wasting much more time, a lot of money and a lot of peace of mind. In contrast, if you'd stayed put in that lane, the accident would likely not have happened, but even if someone had hit you when you were stationary in the lane, that would be a clear cut 100-0 in your favour.


Edited by Turboflat4, 28 August 2017 - 01:39 PM.

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#5

Posted 28 August 2017 - 01:38 PM

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Unless you have rear cam proving otherwise, it's hard for you to win the case.

 

Or if you saw that his car has front cam, demand that the driver submits the footage to his reporting centre.

 

Throw benefit of doubt on his claim.

 

what case you want to win? both filtering out...


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#6

Posted 28 August 2017 - 01:49 PM

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Were u really in super rush ?? This kind of situation in brisk mid traffic is best to be patient..especially at night..risks are very high for accident

TS - U have an upper hand advantage if u can prove he was in process of filtering..base on the footage does not show. U have a rear cam or have your photos captured that his car has a front cam ? This is for you to claim 50/50 share

Other car has advantage ( full claim against u ) if he can prove he was traveling straight and u swerve out within a short distance. I am sure his report will state going straight, u swerve out and if he has a front cam. If he was filtering, he will not provide u the footage.

Else, they will close off as 50:50 or 60/40...hard for either party to win unless on strong grounds.
1. Traveling straight.
2. Swerve out suddenly without notice short distance, no signal etc.

what case you want to win? both filtering out...

This is words against words, the note sure report going straight. If got camera also will remove unless TS captured image that his car has cam.

Edited by YEN96, 28 August 2017 - 01:55 PM.


#7

Posted 28 August 2017 - 01:51 PM

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To win his claim that it is 50/50.

 

Not claim 100% the other car.

 

what case you want to win? both filtering out...

 


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#8

Posted 28 August 2017 - 01:52 PM

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i think is 50/50 but as to how insurance computes 50/50 i think need ask your insurer

 

does 50/50 means each person pay their own repairs or add up both repairs than divide by 2?

 

if it is the latter, then quite obvious why the other driver will want to claim

 

alternatively,

 

speak to your insurer and ask them reveal the payable amount and if it is possible to pay out of pocket if you choose to

 

once u claim... its DEFINITELY exponentially more expensive than self fix...   easily more than 10x the costs...   


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#9

Posted 28 August 2017 - 02:47 PM

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Alright thanks for input. Very enlightening. I guess his claiming me is not wrong since that lowers his repair costs by 50%. But if the amount works out to 5k and below, the loss of both NCDs plus loading plus drawn-out claims process just doesn't make sense.
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#10

Posted 28 August 2017 - 02:49 PM

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Alright thanks for input. Very enlightening. I guess his claiming me is not wrong since that lowers his repair costs by 50%. But if the amount works out to 5k and below, the loss of both NCDs plus loading plus drawn-out claims process just doesn't make sense.

 

it depends... when making a claim.... he leaves everything to the insurance company...

 

if he do it himself, he has to oversee everything himself including your claim against him...... i don't think he know you well enough to say you won't play punk


To win his claim that it is 50/50.

 

Not claim 100% the other car.

 

you mean now is he lose 100%?


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#11

Posted 28 August 2017 - 03:20 PM

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50/50 case, unless you have proof to show the car filters to middle lane.

The driver may say that you didn't watch out for traffic before you filter out from your lane, possibility you may lose on this point.



#12

Posted 28 August 2017 - 03:48 PM

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What ever the result you were rushing.

 

You indicated and then moved out almost simultaneously.

If the other car was indicating for a while then to me you are to blame as he had no chance to change direction.

Mind you it did look like he left it late to change lane.


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#13

Posted 28 August 2017 - 04:43 PM

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Scenario goes like this: I was stuck behind a line of cars in Lane 1 turning right so I decided to filter to Lane 2. Waited a while for some cars to pass, finally all-clear. I had entered the lane about half-way when this Nissan Note collided into my front left. I dunno whether it's evident in the video but he was filtering from Lane 3 to Lane 2. We stopped by the side and exchanged particulars and since I was in a rush to fetch my family from airport, we left the scene shortly. I did tell him that this is a 50-50 liability accident as both of us were filtering into the middle lane, so we should just both settle our own damages.

 

 

Subsequently, he messaged me to tell me that he's going to report the accident and claim my insurance. 50-50 accident can claim the other party's insurance? He feels that I'm totally at fault for this accident. When he makes the accident report, will the person advise him that this is likely a 50-50 scenario and thus, he should pay out of pocket for his damage? His car was quite badly damaged (dents, scratches from front driver door to rear) whereas mine can probably be settled with a polishing session.

 

Sincerely seeking forumers' advice on whether you feel the fault lies with either party and experience in whether his claim against my insurance can be valid. This is my first at-fault accident over 13 years of driving, so not quite sure how an opposing claim on my own insurance will be handled. If he does claim successfully, I'll feel extremely aggrieved as it's clearly a case of 2 cars entering the same lane (50-50% liability according to BOLA) and risk losing my 50+5% NCD over this.

 

P.S. My damage vs his really showed the difference between a Conti and Jap car in the event of a collision.

I also think its a 50/50 scenario. I kenna this same situation where opposite party wanna claim me but up till no news from insurance company.. I guess 50/50 means case close lor. Its been almost 2 yrs.



#14

Posted 28 August 2017 - 05:27 PM

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Since his car more badly damaged, of course he will want to claim. 50-50 might still be cheaper for him if he got no NCD or got the NCD protector...

 

Got rear camera? From your video, it doesn't show that he is changing lanes. So if he doesn't submit his car cam video, it might not even be 50-50. You might get more liability than him. Maybe even 100% on you based on BOLA.


Edited by Nzy, 28 August 2017 - 05:30 PM.


#15

Posted 28 August 2017 - 05:33 PM

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What ever the result you were rushing.

You indicated and then moved out almost simultaneously.
If the other car was indicating for a while then to me you are to blame as he had no chance to change direction.
Mind you it did look like he left it late to change lane.

Interesting how the video can garner different responses from different people. I had been in the lane for a while and signal was on for quite a while before filtering out. I generally don't take much risks on the road, which explains 13 years of accident-free driving so the lane I was moving into was definitely clear.

Some people tell me it's very obvious he was filtering in from Lane 3 (u can see his car angled at 45deg when collision happened) yet others say he can still claim he's going straight. Some even tell me it looks like he's at fault cos I was ahead in the lane and then he came in and hit me, but I think it looks quite a clear cut case of 2 vehicles merging into the same lane.

In any case, assuming it's a 50-50 (insurance workshop told me so based on my video), a few scenarios could unfold.

1. Ownself settle ownself

I pay for my damage approx $100,he pays for his approx $500. All else remains status quo.

2. He claims me

I pay for my damage, he claims thru my insurance. Repair quote inflates to 5k. My insurance pays 2.5k, he pays 1k excess, his insurance pays 1.5k. All lose NCD and get loaded.

3. Mutual claim

I've been in 2-3 accidents in past few years where it was always clear cut other party's fault and they asked me to private settle and I was fine with it. Option 1 is obviously the cheapest and yet, he wants to proceed with claiming. Pay 500 out of own pocket vs pay 1k excess and let workshops charge inflated repair bills. I wonder if he's really so confident the fault lay with me.

Anyway thanks for all opinions and insights. Wanted an unbiased assessment and I sure got it..
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#16

Posted 28 August 2017 - 05:44 PM

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4) But even so, under the current GIAS rules, you can't NOT report. Then you'll be screwed even more big time by your own insurer. The other driver is actually being very decent (intentionally or not) by informing you he's reporting, because you can now quickly go and put your version in writing.

 

 

 

This is one point I don't quite understand. We have heard cases where the claimant is unable to proceed because the other party die die refuse to report. How does that work then?


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#17

Posted 28 August 2017 - 06:13 PM

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Scenario goes like this: I was stuck behind a line of cars in Lane 1 turning right so I decided to filter to Lane 2. Waited a while for some cars to pass, finally all-clear. I had entered the lane about half-way when this Nissan Note collided into my front left. I dunno whether it's evident in the video but he was filtering from Lane 3 to Lane 2. We stopped by the side and exchanged particulars and since I was in a rush to fetch my family from airport, we left the scene shortly. I did tell him that this is a 50-50 liability accident as both of us were filtering into the middle lane, so we should just both settle our own damages.

 

 

Subsequently, he messaged me to tell me that he's going to report the accident and claim my insurance. 50-50 accident can claim the other party's insurance? He feels that I'm totally at fault for this accident. When he makes the accident report, will the person advise him that this is likely a 50-50 scenario and thus, he should pay out of pocket for his damage? His car was quite badly damaged (dents, scratches from front driver door to rear) whereas mine can probably be settled with a polishing session.

 

Sincerely seeking forumers' advice on whether you feel the fault lies with either party and experience in whether his claim against my insurance can be valid. This is my first at-fault accident over 13 years of driving, so not quite sure how an opposing claim on my own insurance will be handled. If he does claim successfully, I'll feel extremely aggrieved as it's clearly a case of 2 cars entering the same lane (50-50% liability according to BOLA) and risk losing my 50+5% NCD over this.

 

P.S. My damage vs his really showed the difference between a Conti and Jap car in the event of a collision.

even from your video i can see his car come in from the third lane.

maybe he come in slightly faster then u , but base on experience, side by side, 

no 1 will win 100% 1



#18

Posted 28 August 2017 - 06:21 PM

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even from your video i can see his car come in from the third lane.
maybe he come in slightly faster then u , but base on experience, side by side,
no 1 will win 100% 1

I concur with you completely. I dunno how the Note driver can imagine that I'm 100% at fault for the accident. First thing he said when he came out of the car, "Eh I signalled right already leh".
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#19

Posted 28 August 2017 - 06:39 PM

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Interesting how the video can garner different responses from different people. I had been in the lane for a while and signal was on for quite a while before filtering out. I generally don't take much risks on the road, which explains 13 years of accident-free driving so the lane I was moving into was definitely clear.

Some people tell me it's very obvious he was filtering in from Lane 3 (u can see his car angled at 45deg when collision happened) yet others say he can still claim he's going straight. Some even tell me it looks like he's at fault cos I was ahead in the lane and then he came in and hit me, but I think it looks quite a clear cut case of 2 vehicles merging into the same lane.

In any case, assuming it's a 50-50 (insurance workshop told me so based on my video), a few scenarios could unfold.

1. Ownself settle ownself

I pay for my damage approx $100,he pays for his approx $500. All else remains status quo.

2. He claims me

I pay for my damage, he claims thru my insurance. Repair quote inflates to 5k. My insurance pays 2.5k, he pays 1k excess, his insurance pays 1.5k. All lose NCD and get loaded.

3. Mutual claim

I've been in 2-3 accidents in past few years where it was always clear cut other party's fault and they asked me to private settle and I was fine with it. Option 1 is obviously the cheapest and yet, he wants to proceed with claiming. Pay 500 out of own pocket vs pay 1k excess and let workshops charge inflated repair bills. I wonder if he's really so confident the fault lay with me.

Anyway thanks for all opinions and insights. Wanted an unbiased assessment and I sure got it..

 

 

He might have lower excess than you. Not everyone's excess is $1000. He might have NCD protector also so if this is his first accident this year, his NCD might not be affected. His workshop might also be telling him that from your video can argue he was going straight all the while. He might have noticed you got no rear camera. If that's the case then might not be 50-50 unless you can show his car come from 3rd lane.



#20

Posted 28 August 2017 - 07:05 PM

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it looked like he was filtering from the 3rd lane, and then collided with TS. And he did look like he was travelling fast. The 3rd lane always full cos taxis are queuing to go T1, so he might have seen it late (there is a bend before this) and quickly want to filter not knowing TS was indicating and coming out already. 

 

The best video is the road traffic cam video!

 

That road is a lousy design man. very risky for drivers.




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