Accident dispute. What should I do next?

[Mr.X]

Hi guys,

 

I'm very confused now as to my best possible solution and I hope to hear your insightful suggestions.

  

Background Information:

I was approaching a traffic junction and the lights changed to amber. I did not beat the red light and braked till complete stop. My vehicle is now stationary in my lane and tracking straight. Shortly after, I was hit from the back by a commercial vehicle. However, it was not a direct hit on the rear bumper. It was a rear-side impact. Only my rear-right tail lights broke, right portion of the bumper was dented in and the fender is misaligned. 

 

I went to IDAC to do my accident reporting and indicate that I will be claiming against third party. Thinking that it was a sure-win case, I drove to C&C Pandan Loop, to get them to file a third party claim for me.

 

Advise from C&C:

He mentioned that in such accidents, it is normal for the other party to deny to be at fault, hence a dispute. Since this is a rear-side impact, and there is dispute between the two drivers, the outcome of the third party claim may be 50-50. Instead, he advised to claim against my own damages. 

 

After some investigation I found out that:

1) I went to GIA records management centre to purchase the other party's accident report. Indeed, he claimed that my action changing into his lane resulted in the collision

1a) His accident report only has pictures of his van at his workshop. No pictures of two vehicles at the accident site were provided.

2) Based on surface investigation, driver of the van may not be an employee of the company registered to the van (something fishy here, more investigation needed)
2a) I bought the business profile of the company that is registered to the van - It turned out that it is a gift shop (i.e. Not car rental biz)

3) I checked with my insurer, and tentatively there is no claim against me.

 

My worry:

1) If I were to claim my own damages and get it repaired at C&C Pandan Loop, I pay nothing at all. I understand that my insurer may seek to recourse the sum from the other party’s insurer. This is as good as admitting it’s my fault? What will happen to my premiums and NCD? 
2) If I were to do a third party claim, the outcome is 50-50 (both parties at fault), I will be responsible for the 50% of the repair costs. Btw, the repair is estimated to be $20k. How is this fair to me when i'm the victim? Perhaps this is a price to pay for not installing in-car video recorder.

 

It seems that no matter what I do, I am the loser in this case when in fact I am the victim. What should I do know?

[jtang]

To address your concern,

1) Your workshop is right in recommending that u claim own insurance 1st. This will in no way mean admitting liabiilty or wrong in the accident provided it is made known to your insurance company that you are pursuing 3rd party claim. This will help expedite your repairs after the surveyor has completed checking your damages. Let your insurer fight your claims with all the photo evidence or witness testimonies thru their appointed lawyer. Your NCD will be affected at the meantime becos of own claim, but if the 3rd party claim is successful by your insurer...your NCD will be reinstated.

2) Being found 50-50 liable doesn't mean you have fork out 50% of the repair bill lah. It will affect your NCD at the worst...eg 50% down to 30%. 50-50 also means that your insurance company will settle your repairs only & the other vehicle will settle with his own insurance. You need not pay a single cent more than the excess in your policy. The $20k repair bill is irrelevant for now except that this high repair bill will affect your renewal of policy where this present company may load a lot more on your premium or decline to insure you again. You may be forced to bite the bullet with other insurance who will also load more on the premium.

[rocknroll14]

jtang is right on both points.

 

Did you not take photos at the accident scene? Photos showing the relative position of the vehicles should be able to given some indication whether the van driver reports the truth. Furthermore, he has no photo to prove, so if you have, it will make your case stronger.

 

If you feel you are the victim, best you don't settle for 50-50 and try to prove yourself.

[Bran]

Witness will be very helpful too.

[Sunny]

Always take photo at the scene of accident and not just when you are at workshop.

If the person had admitted at the scene, record a statement from him (audio using phone) or a written. There was once a guy who hit and run and after I caught up with him he gave sob story and said sorry and claim his insurance. But that idiot told his insurance company that it was probably 50-50 and his insurer's rep call me up. Once I playback the recording they accepted with no questions asked.

Be warned that many ppl will change statement after thinking through or being advised by workshop/friends. Get some something to strengthen your case. If the person didn't admit to their fault at accident scene, you can be sure they will claim 50-50 or even your fault after leaving the scene

[bbwannabe]

Same thoughts as Sunny.

 

Dick drivers always change their sob story when it comes to paying for their mistake.

 

Seen it happen waaaay to often.