Car accidents - please explain to me

[Scrummy Mummy]

Can someone please explain how the system works here?

Back in May, someone drove into me (he pulled away from side of road into me as I was parking).

He denies this, and has made up various lies. He didn't claim on his insurance but claimed directly against me.

I passed onto my insurance to handle, while stating categorically it wasn;t my fault (and, btw, if it was I would admit it).

They said "when you get the writ please pass to us." Got a writ on Sunday, so I'm waiting to hear from the insurance company.

I'm (as well as angry and (not surprisingly) a bit concerned) just confused as to what happens here. Is this the way it's normally done? Seems odd to get lawyers issuing writs etc and very expensive. I know I'm not in Kansas anymore but it just seems unnecessarily stressful and expensive, as well as dishonest and slimebally on his part.

[slinky]

When I got hit I took the car to an IDAC centre and they handled everything, so I have no real idea of the exact process. I don't even know if it's all been settled yet. I did get a strange call from some woman claiming to be from the other driver's insurance company asking me questions, but I told her to call the IDAC centre since they had all the details. Honestly, I thought she was the guy's wife or sister just fishing for info because the whole matter hadn't been settled yet. Haven't heard anything from anyone since.

[Fat Bob]

Hmmmm....I'm surprise you are not claiming from him. If it wasn't your fault and damage happened to your car, why are you not claiming?

By not claiming, has that put you in a position of blame? Part of their arguement will be "well, she obviously didn't think it was my fault otherwise she would have claimed from me"?

You may have put yourself on the back foot by not claiming, now, how to get on the front foot?

Oh, and you saying to your insurer it's not your fault: they probably hear that everyday. Why to believe you when they have so many others being either totally or partially untruthful?

And here's a guide on what to do for your next one.

[Morrolan]

Hmmmm....I'm surprise you are not claiming from him. If it wasn't your fault and damage happened to your car, why are you not claiming?

erm... where did she say that?

[Fat Bob]

Opps, sorry, misread. Thought she said she didn't claim, where she said he didn't claim on his insurance.

In that case, ignore my previous questions. It is normal for people (in general, not just in Singapore) to believe that their driving is the best in the world and any fault therefore must be others. As the insurance company was expecting a writ to be issued, then this must be common place.

I think you now have to make a counter writ to cover your damage expenses.

[Scrummy Mummy]

The Honda guy said I should report it to my insurance company for info only as it was the only way I'd be sure to get my damage paid for, then they'd deal with it and either pay it or claim it, as the case transpires. There is, apparently, a limited time to do this and if you don't do it at all you risk not getting anything paid for unless you can PROVE (difficult) it's the other guys fault.

Not claiming my driving is the best in the world. But this really wasn't my fault. If it was I would have (and have, in the past, about 22 years ago) admitted it. It's just rather scary. Tonight on our way back from IKEA we were nearly driven into by a suicidal motorcyclist and it was SO close. But with a writ against me (!) who'd believe it's not my fault?

[Fat Bob]

I think it's also the way things are done in Singapore. In the UK, the insurance companies fight it amongst themselves, but I don't think insurance companies here do that. Instead, it's up to you to instigate proceeedings against the other person and the other person uses the cover provided from their insurance company to sort it out. The cover usually includes fees to sort this out.

Whose fault it is will only be found out once the insurance companies start talking to each other, i.e. after you have counter-claimed against his insurance company.

And yes, you should tell your insurance company with 24 hours or next working day.

Chat with your insurance company, see what is and isn't covered, and how you can make your counter-claim and how you can get your side of the story across.

[T2K]

One of the many, many reasons why I happily pocket the car allowance and leave the driving to someone else here. This sounds lile a banana republic system.

[Aliya]

My friend SJ had a woman drive into the side of her car - front on - and then argued that SJ actually lined her car up and moved it - sideways - into hers!

Singaporeans are really crap drivers and seem to have a great self delusional capacity for this as well as being out and out fabricators over things like this.

Stand firm!

[Snaffled]

The thing about Singaporean drivers was that I always expected them to be decent drivers and they were really shoddy.
In Thailand they are all lunatics, but I know and expect this and so its easier to drive here. The guys on motorbikes are completely barmy with no regard for their life, but at least they can handle the bikes. The absolute worst are the tourists that hire motorbikes. They've never ridden one before and they think Thailand is a good place to learn.
Takes bloody ages to pry a fat farang and a moped from the front of the car, ages.

[Scrummy Mummy]

Can't get hold of the bint at the insurance company to discuss my options.

They may already be suing this guy as I've been cc'd into emails about recovery of unisured losses. I guess if I'm sueing him I don't like quite so guilty!

I'm a confident but cautious driver. I generally have Mini in the car, and I'm very aware that the purpose of driving is to get from A to B without an accident. If I didn't drive defensively God alone knows how many accidents I'd have had. But this and the driving here is starting to freak me out, and last night I very nearly killed a suicidal motorcyclist. I actually said to Scummy Daddy (who, btw, gets so wound up by the drivers here that I drive 99% of the time) when we got back that maybe we should just get rid of the car now. But then that would mean transporting Mini to and from school in a taxi, and I don't trust most of them to drive safely!

So I shall march carefully onwards........

[Lili Von Shtupp]

Takes bloody ages to pry a fat farang and a moped from the front of the car, ages.

Let me just say, for the record, you people are so lucky that I don't drive in Singapore.

[Morrolan]

ya'll need big 4Wd trucks with roo bars up there.

[slinky]

Takes bloody ages to pry a fat farang and a moped from the front of the car, ages.

Oh, my, funniest thing I've read in a long time, thanks, Snaff!

[Scrummy Mummy]

Ok, finally got bint at insurance company. Apparently their lawyer will "defend" me and I'm covered for what he sues me for. But if I want to recover my excess etc I "may" have to sue him. She was as much use as a chocolate teapot and advised me to ask Kah Motors. Just called them who were marginally more useful and are looking into it.

She said the fact that I haven't done so so far will "probably not" be held against me as I can just plead ignorance of the Singapore legal system.

Anyone know a good lawyer who will work on a contingency fee? Or is cheap!

[Lichtgestalt]

Anyone know a good lawyer who will work on a contingency fee? Or is cheap!

There was a resident lawyer who would have worked on a contginceny fee but if she was cheap I don't know

[Scrummy Mummy]

Or good? LOL!

[Scrummy Mummy]

I guess in the worst case scenario we lose our NCB. But we're moving anyway and Oz car insurance is a lot cheaper so........

[Bob the Builder]

SM - if you'e insurance company is defending the claims against you, part and parcel of that should be instigating a counter-claim against him - ie the same as actually suing him yourself. You wouldn't actually want to instigate separate proceedings against him as these would, be rolled into the current claim he has against you.

Ask the insurance company to speak to the lawyers defending the claim and ask them about a counterclaim.

[Scrummy Mummy]

I asked the bint and she said that wasn't covered, I'd have to do that myself. I'm very confused!

[FurBaby]

that's bollocks. get the name of the law firm who's handling your matter, and the name of the lawyer handling your writ, and call them directly.

[edited to add:]
a counterclaim is the best leverage for negotiating a settlement, we used to do that as a matter of course.

SM: i'm not sure how it goes these days, but in the 90's, insurers in S'pore (esp NTUC - are either you or the other driver insured by them?) refused to negotiate with each other, they just let things escalate til a writ was served, then both insurers' lawyers would attend pre-trial conferences during which a judge would nag them to settle the matter, and sometimes give a rough indication as to what he/she thought was a fair division of blame. the insurers would then settle the claim. time wasted, costs churned, premiums raised.

[Scrummy Mummy]

We're both insured by AXA, but I don't think the other guy is claiming through insurance.

About to read the small print of my policy.

[Scrummy Mummy]

And now the process server is complaining that I'm not prepared to wait in all day for him tomorrow!

Alamak!

[Aliya]

So how?

[Scrummy Mummy]

The writ was served, it's been passed on, lawyer appointed to defend me.

The only "aggressive" action I can take is to go to an insurance mediator to try to recover my $400 excess, but that will cost $250 and, from the photos, it's not clear who's at fault. So I'm defending, but I presume if I've left the country by then the court will decide against me. At least the bugger will have to wait for his money!