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98 replies to this topic | 144 praises

#1

Posted 25 December 2018 - 12:58 PM

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Hi, I am new to this forum, need some advice from you guys. I met with an accident last week. Was at a red traffic light but the car infront started moving as he stopped quite far away from the car infront and I thought it was green light so I released my brake but he stopped so I banged into his rear.

I admitted that it was my fault and we agreed on private settlement at my workshop and he also signed a letter with no further claims. The repairs took 2 days and upon collection he texted me to complain repairs not done properly. Based on photos from my workshop, they have made good to the repairs based on the accident photos but he claimed the storage board inside the car is not properly aligned and the door is not properly aligned. However, he still drove his car back despite complaining the repairs not done to his satisfaction and threaten to report police.

I informed my workshop and we told him to return again to check. And my workshop informed his car previously have been banged before and the damage is definitely not caused by my accident as the impact is not that great that can cause such damages. Again, he drove the car back and texted me that to demand I resolved the repairs.

I am not willing cause as per agreed, I have already made good to the repairs based on accident photos. And he says he will make a police report.

Just to check, is he able to do that? Because the fact he has drove the car back despite claiming repairs not done properly as per the same condition before the accident.

He has already signed the form I pay for damages and I did repaired.

Thanks for any advice!
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#2

Posted 26 December 2018 - 04:14 PM

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Just tell him to go ahead and make police report. They can't do nothing about it.

 

You've done what you need to do.

 

Some people really love to take advantage of such situations.


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#3

Posted 26 December 2018 - 04:42 PM

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Yup.

By driving off it means that he already accepted that the car has been repaired to his satisfaction.

He has no case against you.

Anyway if u just released your brake, the impact should not be great.
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#4

Posted 26 December 2018 - 04:51 PM

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To be fair, aligned properly or not open and close will know... so depends if the guy checked?

I think is right that repairs must be done to satisfaction though... there may be prior damage but the knock from the back may have aggravated the damage

But police likely ask him file civil suit

Yup.

By driving off it means that he already accepted that the car has been repaired to his satisfaction.

He has no case against you.

Anyway if u just released your brake, the impact should not be great.

I disagree.. there should be some warranty period.. not everything can be detected immediately
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#5

Posted 26 December 2018 - 04:51 PM

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Ask him put time put place.  Get a gang of MCFers go there and see see what pattern he want to chut.

 

Where got such a$$holes one.


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#6

Posted 26 December 2018 - 04:56 PM

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 I thought it was green light so I released my brake but he stopped so I banged into his rear.

 

How could the mild collision cause the doors to misalign not unless you were driving a tank


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#7

Posted 26 December 2018 - 04:57 PM

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But if bang backside and ask to repair bonnet then different story haha

How could the mild collision cause the doors to misalign not unless you were driving a tank

It depends on angle ba
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#8

Posted 26 December 2018 - 05:04 PM

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How could the mild collision cause the doors to misalign not unless you were driving a tank

Exactly my point
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#9

Posted 26 December 2018 - 05:15 PM

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Hope you made police report and also reported the accident to your insurer...

 

otherwise you will have a lot of headaches coming to you.


That is all.

#10

Posted 26 December 2018 - 05:16 PM

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what to argue if the private settlement form has been agreed and signed

what happen 6 months later he discovered the gear changing is not smooth? [sly]


Edited by Wt_know, 26 December 2018 - 05:20 PM.


#11

Posted 26 December 2018 - 05:46 PM

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Thanks for all the reply. My car was just behind so I'm also amused that a bang from a stationary car can cause the door to misalign. I asked him to go to workshop again and workshop confirmed that his car has been in an accident before (they can tell from their experience).

So I have made good of the damages in my opinion. Anyway, he claims repairs not up to his satisfaction, but i think this is very subjective depending on individual expectations.

I told him that I have no more outstanding with him and he says he will make a police report because I did not make his car back to the condition before accident. Is this valid??

Hope you made police report and also reported the accident to your insurer...

otherwise you will have a lot of headaches coming to you.

I did not mke any police report or to the insurer because he agreed on private settlement and signed an agreement letter. Will he be able to claim from my insurance since it is many days after the accident?

And also, the letter he signed has a sentence to say no further claims to this.

#12

Posted 26 December 2018 - 05:47 PM

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what to argue if the private settlement form has been agreed and signed

what happen 6 months later he discovered the gear changing is not smooth? [sly]

 

This case not so clearcut cuz the fellow went to TS's workshop. 

 

If private settlement say pay $xxx and TS pay $xxx then of course no dispute. Now private settlement say fix the dmg, other fellow say dmg not fixed so there's actually plenty to argue.

 

Give you an extreme example - i bang your behind then say i will fix and repaint the whole car for you. instead, i paint the car hot pink, can dispute?  [lipsrsealed]


That is all.

#13

Posted 26 December 2018 - 05:48 PM

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what to argue if the private settlement form has been agreed and signed
what happen 6 months later he discovered the gear changing is not smooth? [sly]

Hmm, meaning he can't argue more? The letter he signed includes no further claims.

#14

Posted 26 December 2018 - 05:49 PM

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I told him that I have no more outstanding with him and he says he will make a police report because I did not make his car back to the condition before accident. Is this valid??
I did not mke any police report or to the insurer because he agreed on private settlement and signed an agreement letter. Will he be able to claim from my insurance since it is many days after the accident?

And also, the letter he signed has a sentence to say no further claims to this.

 

You are supposed to make a report to your insurer even if you do a private settlement.

 

What is the exact wording of your private settlement letter?


That is all.

#15

Posted 26 December 2018 - 05:52 PM

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Yup.

By driving off it means that he already accepted that the car has been repaired to his satisfaction.

He has no case against you.

Anyway if u just released your brake, the impact should not be great.

Exactly, my thoughts are he can't claim anymore since he drove the car home. He shouldn't drive the car if the repairs isn't up to his satisfaction.

It's a dent to bumper and boot door bottom.

#16

Posted 26 December 2018 - 06:03 PM

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You are supposed to make a report to your insurer even if you do a private settlement.

What is the exact wording of your private settlement letter?

I agree to bear the repair charges caused by the accident on (Date), Place and Time through private settlement.

There will be no further claims to this.

#17

Posted 26 December 2018 - 06:13 PM

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I agree to bear the repair charges caused by the accident on (Date), Place and Time through private settlement.

There will be no further claims to this.

 

Not a lawyer but I think it is too vague.

 

Many ways to dispute this.


That is all.

#18

Posted 26 December 2018 - 06:25 PM

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Not a lawyer but I think it is too vague.

Many ways to dispute this.

Ok. But the fact that he still drove the car away even though he claims repairs not done to his satisfaction?

I assume by driving away means he accepted it. Things can happen the moment he drive out of workshop isn't it?

#19

Posted 26 December 2018 - 06:29 PM

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MCF pros should help each other on how to write a template to secure fellow Drivers on what to write on paper so that once Private Settlement has been agreed and signed tentatively the other party can’t dispute it.


Anyone wanna share ideas?

As for TS case, you can inform the other party that he has already signed and agreed for the repairs and drove off already.

#20

Posted 26 December 2018 - 06:46 PM

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Thanks for all the reply. My car was just behind so I'm also amused that a bang from a stationary car can cause the door to misalign. I asked him to go to workshop again and workshop confirmed that his car has been in an accident before (they can tell from their experience).

So I have made good of the damages in my opinion. Anyway, he claims repairs not up to his satisfaction, but i think this is very subjective depending on individual expectations.

I told him that I have no more outstanding with him and he says he will make a police report because I did not make his car back to the condition before accident. Is this valid??
I did not mke any police report or to the insurer because he agreed on private settlement and signed an agreement letter. Will he be able to claim from my insurance since it is many days after the accident?

And also, the letter he signed has a sentence to say no further claims to this.

Hope someone from the claim/legal industry can help Meelee out with sound expert advice as this is an issue that can happen to anyone. On a side note, I think it is prudent to file a police report (& consult the police at the same time) to put on record just in case. What I gather is the report will not penalise you when you renew your insurance as long as you can produce the no-claim letter from the other party.


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