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 Accident 101: i teach u claim loss of use

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Sudoku123
post Apr 16 2017, 04:01 PM

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Hello everyone! I need some advice on my case. Thank you in advance for reading! smile.gif smile.gif

Long story short, while I exit a 4-way junction, I didn't see properly a car coming in the main road, so that person banged me at the right front door, while that person's car has a very indented front. I have agree for them to claim my insurance, however, the person's friend came to me: "Can you say you lose control of your car and hit the side of the road? Cause my friend's Roadtax EXPIRED" blink.gif. I told that person that I'm going to make a police report (the truth, not the lose control thingy), so anything meet there. They kinda agree to it, but then I didn't saw them showed up. Well for me to secure myself by the law, I made my report within 24 hours, paid my saman, and the Sarjan told me that the rest will be handled by the police, don't worry about anything else.

So now almost 2 months has passed, the person messaged me to pay for their repair fee (Well over a thousand). But according to the law, they should be claiming my insurance, and not me paying them in cash. I did reminded them to do the claim.

So now I have several questions on my case:
1. In the eye of the law. who is actually at fault? (Me exit from the small road that causes the accident, or not having a valid roadtax?)
2. Its over 2 months now, can they still claim? If they can't and come back to me, should I pay? (I'm a student and financial is a big issue for me)
3. If they continuously harass me, what should I do?

P/S: I am a P-License holder, and that person is too, although they didn't put up the P-sign on their car.

This post has been edited by Sudoku123: Apr 16 2017, 04:35 PM
Sudoku123
post Apr 17 2017, 08:01 AM

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QUOTE(buggie @ Apr 16 2017, 10:38 PM)
It's weird that they asked you to lodge a report like that because if you did, then they wouldn't be able to claim from your insurance since technically, they were not involved in the accident. So you did the right thing in lodging a truthful police report.

You shouldn't pay them a single cent. You have your insurance for that. Just tell them to claim from your insurance and thereafter ignore their calls. Try to limit your communication with them to as little as possible or to none at all. You have done your duty by lodging a report and informing them who your insurers are. I think they are of the impression that not having a road tax (or quite possibly no insurance as well!) denies them the right to claim. They actually still can claim against your insurance even if they have no road tax or no insurance even. So maybe tell them that the next time they call. Then tell them to stop calling you.

Answers to your question:
1. If you came out from a junction to join the main road then you are at fault in the accident.  Not having a road tax is a separate issue.

2. Yes they can still claim. They have 6 years to do it.

3. Lodge a police report if things get ugly or out of hand.

By the way, are you claiming against your insurer for your car's damages? You should since your ncd will be forfeited anyways. So claim... If the cost of repairs exceeds 400 that is
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Wow!! Thank you very much for the fast reply! Really appreciate it at this time when I'm stressed with my school yet that person giving me constant trauma....
Thanks for answering all the questions, I have a clearer picture of the whole case now.

Now to answer your question in return, yes I did claim against my own insurer as well, and man the cost is "Big". It's very weird to see that obviously my car has lesser damage compared to that person, but my repair cost is so many folds of the thousand they have. Well not that I am concerned about the need to pay them, but I did received advises about it stating that the reduction of NCD is based on the amount you claim. So maybe if ever the cost is lower, I might be able to save some of my NCD there, is this true?

This post has been edited by Sudoku123: Apr 17 2017, 08:01 AM

 

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