3 way Accident Clai...
 

3 way Accident Claim  

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 Kesh
(@kesh)
New Member
Joined: 2 years ago
Posts: 2
04/11/2017 4:41 pm  

 

Hi. I recently got into an accident. The scenario is simple. A three lane highway. Heavy traffic during peak hours. My car was just crawling in traffic following its own lane. Sddnly, another car while changing lane knocked into a motorcycle travelling in between and the said motorcycle then swerved into my car. Police has concluded the other car was at fault. All parties have valid insurance. When i took my car to make a claim, i was told 
    •  I had to claim my own insurance. This is because although it was the other car's fault,  it was the motorcycle that knocked into me. So, I cannot claim the other car insurance since the car didn't hit me. This seems like a pathetic excuse to avoid paying damages. What about causation in law - but for the other car negligence, the motorcyclist would not have swerved into me. The damage is also not remote since its reasonably foreseeable that my car would have gotten damaged as a result of another car negligence. I mean obviously an insurer can foresee other car may be damaged, so why limit the claim on property damage on others.
    • Since, i cant claim the car insurance - what about motorcyclist insurance? Yet again, I cannot claim the motorcycle's insurance. If i wanted to do so, i had to appoint a loss insurance adjuster myself and submit to the motorcyclist insurer and its up to them to allow my claim. (They will obviously lose money, so i see no reason for them to allow my claim. Even if they would, they will probably delay the process. I was told it could take up from 6 months to a  year. Seriously. Facepalm considering nobody has disputed the claim in court ). Why cant my own insurance repair my car and claim from them? Its their job, isn't it? Heck, even a runner near the police station said he could claim from the motorcyclist insurance provided the motorcyclist has insurance. Pls note a claim advisor from berjaya has said i cannot claim in any circumstances from a motorcyclist insurance, while another said can (fault dependant of course)
    • I cannot claim loss of use of car even though its not my fault because i have no option but to claim my own insurance. My car will take 3 weeks to repair - that's is substantial cost to pay to use alternative transport for something im not responsible.  
    • Being my 1st car and 1st year of ownership, my car does not have NCD. However, i will lose future NCD next year worth 25%. I understand there is still approx 4 months before my insurance renewal. Nevertheless, i should be entitled to conditional reimbursement should i not make a claim until next renewal.
    • What about depreciation value of the car? - the car may need to have a door replaced
Any thoughts on this?
My insurer is Berjaya Sompo if that makes a difference.
Thank You

Quote
(@admin)
Member Admin
Joined: 2 years ago
Posts: 20
07/11/2017 4:38 am  

Dear Kesh, 

below my thoughts on your comments. Many things depend on how clearly the policy report is written on who is at fault. If everything is clear you might go to court, but there is no guarantee on the outcome. 

1) Everyone will tell you something different, so that I do not want to add to the confusion.  The best approach will be to talk to an experience Berjaya motor agent, who has a direct link with Berjaya claims department to handle things for you. 

2) You should be able to claim from the motorcyclist. You will need to file the necessary documents with the motorcyclist insurance company. This is a lengthy process and you need to make payment up-front with no guarantee that you get paid back. Your  insurance company might help you if you claim against your own comprehensive insurance, because they will pay for your damages and want to recover from the other party. But if the damages are minor from the insurance company perspective, they might just go the simpler route. If your case is too low of value, the insurance company would not want to spend resources on adjuster, lawyers, etc. 

3) Loss of use is a separate add-on insurance that you need to have beforehand. 

4) Yes, you will lose your NCD. 

5) Not sure what you mean.


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(@chiic123)
New Member
Joined: 2 years ago
Posts: 2
07/11/2017 9:26 am  

Dear Kesh,

Morning. Could you provide me with your vehicle number?  I know the claims people in Berjaya Sompo and will try help you out. 

Chin


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(@strycher)
New Member
Joined: 2 years ago
Posts: 2
07/11/2017 12:56 pm  

If finding from the police that the fault is at the motorcar (TP=Third Party), insured can claim ODKFK (Own Damage Knock for Knock) against the TP’s insurance. Do note that you need to obtain a copy of TP’s police report and the finding report before sending it to your repairer to do claim. However, since this accident involved motorcycle, there will be a possibility of Bodily Injury claim. Therefore, your insurer will forfeit the NCD entitlement, even though the proximate cause is by TP. As Bodily injury claim can be trigger 7 years after the date of accident and the amount claimable is unlimited under our Road Transport Act, your insurer will forfeit the NCD and the case will be submitted to their Bodily Injury Dept for future claim (if any).

 

As in our common law in Malaysia, motorcyclist have higher priority when comes to accident claim. If there’s a Bodily Injury claim, TP can be sued in court and the judge will penalize TP that knocked the cyclist. However, because the accident involved your vehicle too, the judge may get your insurer to bare part of the claim amount (maybe a certain percentage) because the motorcyclist may not sustain such bad injury if he/she has not knocked into your car. That is why your insurer forfeit your NCD.

Again, if the proximate cause is the TP fault, you can get the repairer to do a ODKFK claim. As such, the repairer will assist to engage a loss adjuster.

If the fault is at TP, you can do a loss of use claim against TP’s insurer. The amount of claim is based on the cubic capacity of your vehicle and the amount of days claimable starts from the day the repairer received the approval repair email from insurer.

 

As this case involved motorcyclist, it is best for insured to submit the claim to your insurer as soon as possible and let their claims dept handle it. The NCD is surely be forfeited under this case.


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 Kesh
(@kesh)
New Member
Joined: 2 years ago
Posts: 2
10/11/2017 3:52 am  

Reply to strycher

Thank you for opinion. I will like to clarify some questions on claiming ODKFK. I have already submitted the police report and the finding to the repair shop insurance department when dropping off my car. 

- Your reply mentioned "the repairer will assist to engage a loss adjuster". Regarding this, 

1.  Does it mean, my insurer will make the TP claim on my behalf or do i have to do it myself? I was advised that they will not take TP route but they just claim my own insurance.  So, it suggest i will have to do it myself. Also, i was told, if i want to make TP claim, I had to appoint an adjuster, again suggesting the same. This seems time consuming and cumbersome.

2. When can this TP claim be done, ie does it mean it can only be done in instance where my car sits in the workshop waiting TP repair approval or I can have my car repaired 1st using my own insurance - the former may take who knows how long.  I've sent to Honda body and paint shop, so there is no funny business for TP to dispute and it's transparent. Repair cost incurred then should be fairly standard market cost, so the latter should be reasonable. 

As for Bodily Injury, I am not sure if he suffered any harm. His report did mention he received treatment at a klinik but omitted what for. Im guessing probably for minor scratches or bruises. Nothing that requires hospitalization / surgery. I don't know if he made a medical claim but if did, it would be a very small amount then.       

3. Going on the above premise, ie no court involvement, small amount etc, Can claim against TP include medical claim - ie, if he chooses to make a medical claim against my insurance, can my insurer then claim from the TP to save NCD? Or is it a situation where I just hope he doesnt make a claim against my insurance, but the other's.

4. Is the NCD loss in any event when there is a medical claim, ie he chooses to claim against TP directly, but not mine?

                     

 

 


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(@myeliteagency)
Trusted Member Agent
Joined: 2 years ago
Posts: 58
05/12/2017 2:58 pm  
Posted by: Kesh

 

Hi. I recently got into an accident. The scenario is simple. A three lane highway. Heavy traffic during peak hours. My car was just crawling in traffic following its own lane. Sddnly, another car while changing lane knocked into a motorcycle travelling in between and the said motorcycle then swerved into my car. Police has concluded the other car was at fault. All parties have valid insurance. When i took my car to make a claim, i was told 
    •  I had to claim my own insurance. This is because although it was the other car's fault,  it was the motorcycle that knocked into me. So, I cannot claim the other car insurance since the car didn't hit me. This seems like a pathetic excuse to avoid paying damages. What about causation in law - but for the other car negligence, the motorcyclist would not have swerved into me. The damage is also not remote since its reasonably foreseeable that my car would have gotten damaged as a result of another car negligence. I mean obviously an insurer can foresee other car may be damaged, so why limit the claim on property damage on others.
    • Since, i cant claim the car insurance - what about motorcyclist insurance? Yet again, I cannot claim the motorcycle's insurance. If i wanted to do so, i had to appoint a loss insurance adjuster myself and submit to the motorcyclist insurer and its up to them to allow my claim. (They will obviously lose money, so i see no reason for them to allow my claim. Even if they would, they will probably delay the process. I was told it could take up from 6 months to a  year. Seriously. Facepalm considering nobody has disputed the claim in court ). Why cant my own insurance repair my car and claim from them? Its their job, isn't it? Heck, even a runner near the police station said he could claim from the motorcyclist insurance provided the motorcyclist has insurance. Pls note a claim advisor from berjaya has said i cannot claim in any circumstances from a motorcyclist insurance, while another said can (fault dependant of course)
    • I cannot claim loss of use of car even though its not my fault because i have no option but to claim my own insurance. My car will take 3 weeks to repair - that's is substantial cost to pay to use alternative transport for something im not responsible.  
    • Being my 1st car and 1st year of ownership, my car does not have NCD. However, i will lose future NCD next year worth 25%. I understand there is still approx 4 months before my insurance renewal. Nevertheless, i should be entitled to conditional reimbursement should i not make a claim until next renewal.
    • What about depreciation value of the car? - the car may need to have a door replaced
Any thoughts on this?
My insurer is Berjaya Sompo if that makes a difference.
Thank You

Hi,

It is more to connect with Road Transport Act of Malaysia. Sometimes even we are not in fault but the rules and regulations say so, we will be summon and cannot claim the other party. I know it is not fair... All the best.


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(@myeliteagency)
Trusted Member Agent
Joined: 2 years ago
Posts: 58
05/12/2017 2:59 pm  
Posted by: iBanding Support - Luke

Dear Kesh, 

below my thoughts on your comments. Many things depend on how clearly the policy report is written on who is at fault. If everything is clear you might go to court, but there is no guarantee on the outcome. 

1) Everyone will tell you something different, so that I do not want to add to the confusion.  The best approach will be to talk to an experience Berjaya motor agent, who has a direct link with Berjaya claims department to handle things for you. 

2) You should be able to claim from the motorcyclist. You will need to file the necessary documents with the motorcyclist insurance company. This is a lengthy process and you need to make payment up-front with no guarantee that you get paid back. Your  insurance company might help you if you claim against your own comprehensive insurance, because they will pay for your damages and want to recover from the other party. But if the damages are minor from the insurance company perspective, they might just go the simpler route. If your case is too low of value, the insurance company would not want to spend resources on adjuster, lawyers, etc. 

3) Loss of use is a separate add-on insurance that you need to have beforehand. 

4) Yes, you will lose your NCD. 

5) Not sure what you mean.

The last one might be betterment.


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(@michellebryant)
New Member
Joined: 2 years ago
Posts: 2
16/12/2017 6:07 pm  

Hi. You can contact a Personal injury lawyer for help. You can check on the internet about many lawyers who can assist you in the right way. Check for a lawyer soon so that you get out of this.


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(@santieste28)
New Member
Joined: 2 years ago
Posts: 1
18/04/2018 4:21 pm  

I know that already he OP would have got help, however one of my friend had faced similar problems and he couldn’t get much help through the personal injury lawyer he had engaged. Even his brother had worked for a DUI attorney Los Angeles, still they couldn’t do much.


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