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how to settle?


vin85

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This is going to be a long story but i'll try to summarise.

Alice was driving her e200k and intends to change lane to the right. Her car was hit by a truck on her right side and the truck pushed the car in a perpendicular position along the road for 50m before the truck driver hits the brakes. E200K was badly damaged and there's no visible damage on the truck. No settlement letter was drafted.

1 month later. Paul, Alice's brother and owner of the e200k, received a lawyer's letter from the truck company demanding a compensation of $13k, arising for the damages and loss of opportunity costs while the truck was in repair. Alice defended herself and explained to Paul that even thought she didn't check her blind spot. The truck driver shouldnt be able to dragged her car down 50m unless the truck driver isn't paying attention as well. (Incident road was a 50km/h road)

Question: How can this case be settled amicably without Paul having to pay for damages? Please feel free to express your opinions. :)

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Alice changed her lane without looking out for other vehicle, that is her fault already - regardless if the truck pushed her 50m or not.

 

Based on Alice there was no visible damage on the truck but how can she be sure? Well if she is adamant about it... then she might want to contest and bring it to court otherwise It might be worthwhile to meet with the other party lawyer and ask for a settlement less than 13K ...

 

Another way just pay 13K and move forward - expensive lesson indeed. Poor Paul!

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Alice date lorry driver then resolved it over a cup of coffee?? Also admitting she didnt check her blind spot and make a turn is like come and sue me i got the money if u got the time!!

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I believe this is the accident you are describing.

Thanks for the video Guanie, it was a key component in helping my friend decide to admit the fault and realise that his sister was distorting facts to defend herself after analysing the video itself.

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She shouldn't have admitted it's her fault. Furthermore whenever there is an accident, it's better to report it to the police even if u didn't want to claim insurance. 
 

There was once my car was banged by the lorry, although i didn't claim because my car was due for scrap soon but I still made the report just in case they decide to bite back and claim me.

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OH... this accident... yeah... It happen right infront of my very eyes... Clementi ave 3 going towards the Swimming pool... If ALICE is the driver of the Benz... I can only say... She is at fault 100%... first she was driving quite fast behind a car... then changed to the left side and gas the car... then realised that there is a stationary vehicle infront (as shown in the end of the clip)... Driver tried to swerve right... this is my observation...

 

1) She forgot there is a Truck on the right or 

2) she thinks she can beat the truck to the lane or

3) She expect the truck driver to see her and give way to her Mah See Lee...

4) she is on the phone and all of the above...

 

ANS: 4...

End of the day... poor PAUL will have to pay for the damages... for both rides....

I'm prepared to meet my Maker...

Whether my Maker is prepared for the ordeal of meeting me is another matter - Winston Churchill

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Nah, Alice is in wonderland?? Paul wont have to sleep alone anymore he can hold onto the lawyer letter and his insurance policy. He can stop singing "i dont like to sleep alone"!!

http://youtu.be/w50W0FGopuQ

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This is going to be a long story but i'll try to summarise.

Alice was driving her e200k and intends to change lane to the right. Her car was hit by a truck on her right side and the truck pushed the car in a perpendicular position along the road for 50m before the truck driver hits the brakes. E200K was badly damaged and there's no visible damage on the truck. No settlement letter was drafted.

1 month later. Paul, Alice's brother and owner of the e200k, received a lawyer's letter from the truck company demanding a compensation of $13k, arising for the damages and loss of opportunity costs while the truck was in repair. Alice defended herself and explained to Paul that even thought she didn't check her blind spot. The truck driver shouldnt be able to dragged her car down 50m unless the truck driver isn't paying attention as well. (Incident road was a 50km/h road)

Question: How can this case be settled amicably without Paul having to pay for damages? Please feel free to express your opinions. :)

Bro.... I believe the 13k is a "proposed" amount. Its not a demand and insurance company's lawyer will do their job, fight in court. Judge will look at situation and award accordingly, lastly how much the amount $, eventually both insurance company will do their fight job. Tug n pull, before coming to a final amount, tat opp insurance "proposed" and ur insuarnce company will bargain. Lastly then will payout.

Story most likely will be, paul no need pay for the damages. Paul insurance company will pay for the damages, which is unlikely to be the 1st proposed amount. And paul would need to prepare to pay a higher insurance fee the next renewal, and paul is likely to lose his "ncd"

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Bro ya the insurance lawyer will love to fight among thrmselves. Loser will bear the cost for the lawyer fees?? I dont think car insurance policy cover this cost too.

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The most they can claim is loss of use and there is a guideline of how much is the loss of use for each vehicle

The world Most dangerous thing is the Vehicle. Its not about the machine weather its slow or fast. Its the person who is controlling it. The driver is the brain of the Machine. Not the machine itself.

If the driver reacts slow even the most powerful ABS(Auto braking system) will not help. The driver has to give the car the command in Order for the car to react. Afterall he is the brain of the car.

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Alice should ask paul or john to buy a E63 next time so that she can overtake faster with more confident :thumbsu:

Or any 63/65 u mean?

The world Most dangerous thing is the Vehicle. Its not about the machine weather its slow or fast. Its the person who is controlling it. The driver is the brain of the Machine. Not the machine itself.

If the driver reacts slow even the most powerful ABS(Auto braking system) will not help. The driver has to give the car the command in Order for the car to react. Afterall he is the brain of the car.

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