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 Accident 101: i teach u claim loss of use

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buggie
post Apr 13 2017, 01:35 PM

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QUOTE(MrAkA @ Apr 8 2017, 08:02 PM)
Hi sifus, pls advice my case. My car sent to sc after banged by a car and lodged police report, claim under odkfk.
Third party fault and got summoned. Got all the documents except the sketch plan due to the sergeant is on leave lol.
The 3rd party adjuster went to survey and estimated 7 days for repair duration.

However,
1. The B&P service advisor told me repair duration is definitely over 7 days, most like to take 2-3 weeks. For LOU, any wayto let the adjuster increase the duration?
2. The 3rd party insurance approval cost is insufficient to repair my car and the SA told they will put supplemental on my insurance. What should I do about this?

Thanks
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1. Nope. But you can appeal. Third party insurer can increase another 7 days. of course is entirely at their discretion
2. Nothing you can do but wait for the process. You can however call repairer to submit supplementary faster and insurer to push for the revised approval
buggie
post Apr 13 2017, 01:36 PM

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QUOTE(vektor_sigma @ Apr 12 2017, 07:57 PM)
Yesterday my house got bang by a motorcycle, causing damage to my gate, autogate component and also to my car. I got to lodge police report but the rider didn't. I believe rider doesn't have license. However, this point didn't mentioned in police report.

The motorcycle got active insurance, and is Third Party Coverage type. Can I make third party claim?

My house also got insurance, so can I claim this insurance as well? In case I unable to claim motorcycle insurance. Pls advice.
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Can claim. If you have photos placing the motorcycle at the scene will be much simpler and faster
buggie
post Apr 13 2017, 02:07 PM

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QUOTE(YP_Wolf @ Apr 3 2017, 03:41 PM)
I involved in a chain collision accident last week, involve three vehicles as below:

1st car: Isuzu Dmax
Middle: wira 1.5
Last car: Lorry
My car is the middle, wira 1.5 and had lodge the police report. But the Lorry driver don't want to lodge the police report and don't want to settle even he is at fault.

1. Workshop inform can't claim 3rd party insurance as the Lorry driver didnt lodge police report.
2. Can't claim OD KFK also, due to the same reason.
3. Call to insurance customer support ( Etiqa), they feedback can only claim OD KFK if all parties involve lodge police report, advice me to claim third party (Lorry).

Workshop want me to claim under own damage and my NCD will gone. Can advice what to do next? Thanks
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Can still claim under ODKFK or TP direct. Policy only mention that the third party must be identifiable and properly insured. No mention that third party needs to lodge a report.

Your case will be stronger if the Wira also mentions the lorry number in his report. Better yet if you have photographs placing the lorry at the scene.

But you have to push the police for a desicion against the lorry.
buggie
post Apr 13 2017, 02:10 PM

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QUOTE(dave82 @ Apr 3 2017, 03:26 AM)
I was involved in a car vs motorcycle (I was the car driver) accident slightly more than a month ago. I sent the motorcyclist to the nearest hospital as he was complaining of pain etc in his body. Anyway, I went to do a police report right after sending the motorcyclist to the hospital as I was concerned that he might be injured from the impact. However, upon returning to the hospital I sent him, he was discharged without any injury from the accident. We exchanged numbers at that point of time for communication purposes.

24 hours after the accident, the motorcyclist messaged me through whatsapp that he wants to settle the damages outside as he was poor etc. However, I informed him to make a police report as regardless, he was sent to the hospital. But he didn't do any police report until now and the investigating officer does not seem to want to do anything. My car has been sent to the workshop and had to claim insurance. What should I do?
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just ignore the third party motorcyclist.

Since you already claim your own insurance for the repairs and will lose your NCD, any further calls from the motorcyclist just tell him to claim your insurance. After that, ignore all calls. Less communication with him the better.
buggie
post Apr 13 2017, 02:16 PM

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QUOTE(Hueleegun @ Mar 28 2017, 02:09 AM)
Just had an accident this morning where a motorcycle hit my right rear passenger door after he ran a red light. We both already made police reports, he admitted fault because I have a dashcam.

I have comprehensive insurance under AXA, how should I proceed? The sergeant told me to take my car to a certified workshop where I only need to submit my details without police report and my car and they will take care of it from there, because otherwise I will need to wait for the police report and stuff to be cleared which he said will take 14 days. What should I do? I havent contacted my insurance yet. The motorcycle also has comprehensive insurance.

My car is also still driveable.
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QUOTE(saigetsu @ Mar 28 2017, 02:47 AM)
Fastest most efficient.

Call ur insurance notify them. Ask them what doc u need to bring to the workshop. Call ur car service cenfre, ask they do own damage kfk claim or not. If yes, proceed. If no, go search i ternet axa authorised panel workshop.

Pass the doc. And hand in the car. For loss of use, u need to contact that motorcycle insurance. No matter what happen, ur ncd should not be zero. Pls check ur ncd again after 3 months.
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Actually, when accidents involving motorcycle, most likely the car NCD will be forfeited.

Believe it or not, the motorcyclist can claim form his injuries against car insurer no matter who is at fault. It's in the Act.

Insurers will provide a reserve in anticipation of the motorcyle rider's claim. And if they do, your NCD is forfeited. Dashcam evidence doesn't matter here.
buggie
post Apr 13 2017, 03:59 PM

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QUOTE(vektor_sigma @ Apr 13 2017, 03:45 PM)
But that person didn't report, only me. If the rider doesn't have license, can I still make the claim? (report didn't mention who is the rider during accident)
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Not lodging a police report doesn't absolve the insurer from liability. However, their insured driver not having a license is a problem. Expired license is okay but not having a license at all is a breach of the contract policy and the insurer can reject.

Still, the insurer won't know unless their rider come forward and reveal themselves.

worth a try to claim.

QUOTE(vektor_sigma @ Apr 13 2017, 03:48 PM)
I got take picture as proof, but if I try to claim third party damage claim from motorcycle, do I need police decision? Usually how long it takes?
Within how long duration I should file this claim? Got limit?
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Yes, need decision from police. Bring your proof all to the police.

Will take 3 - 6 months since not clear cut (1 party didn't lodge report)

You can file within 6 years (statute of limitations) and limit is 3 million if i'm not mistaken.
buggie
post Apr 13 2017, 08:52 PM

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QUOTE(vektor_sigma @ Apr 13 2017, 08:07 PM)
I call the motorcycle insurance,they say
1. Never mind if motorcycle owner didn't report, but I need to go sumpah say it wasn't my fault.
2. Need to find adjuster. I need to pay for it.

I call my car insurance, they say
1. Never mind if motorcycle owner didn't report, only need police decision.

I call my house insurance, they say
1. I can claim my gate damage, but need quotation first.
2. Insurance will appoint their adjuster and cover the cost.

** The police did come and take pics, but didn't ask for those I took. Even when I try to lodge a report, disappointed with their attitude and efficiency. Haiz...
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As mentioned, third party report is irrelevant... that's right - you need to sumpah. I never understood the relevance of this... but since they ask...

Just appoint an adjuster. Although you pay for it, can claim back from them.

Ask your house insurance whether if the third party claims fails, whether you can refer back to them with the adjuster you appointed. you can be flexible and use the adjuster recommended by your house insurer to make things easier. This way, you have a fall back. Your insurer may need to know agak agak how much to repair before they make that decision.

Your car insurer has nothing to do with this. But good also you call them for advice


buggie
post Apr 16 2017, 10:38 PM

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QUOTE(Sudoku123 @ Apr 16 2017, 04:01 PM)
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.
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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

This post has been edited by buggie: Apr 16 2017, 10:40 PM
buggie
post Apr 17 2017, 06:12 PM

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QUOTE(Sudoku123 @ Apr 17 2017, 08:01 AM)
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?
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QUOTE(saigetsu @ Apr 17 2017, 08:44 AM)
No. Once claim regardless of amount, ncd is reset to zero
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Saigetsu is right. Even if you claim RM 100, your ncd will be reset back to zero.
buggie
post May 26 2017, 11:10 PM

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QUOTE(ixole @ May 26 2017, 06:36 AM)
Hi regarding the number of days for computation of cart based on the independent loss adjuster recommmendation.
So the adjuster will come to the workshop and tell the workshop?
Currently i am claiming odkfk and cart from chubb insurance due to my axia bang by others from behind.
New car so sent to perodua and they help me claim 20 days x rm50 but chubb insurance offered me 10 days x rm30, i submitted all document completely. I should be able to claim more right?
Maybe the days are controlled by afjuster, i cant do anythg but the rate per day can be more right? Because i submitred all the documents...please advice tai gor icon_question.gif
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Rate is fixed. Unless you rented a car.

You can appeal on the days
buggie
post May 29 2017, 07:04 AM

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QUOTE(tailangong @ May 28 2017, 08:39 PM)
Damnit. Wonder if I use car rental during that period they will let me fully claim it back.
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QUOTE(saigetsu @ May 29 2017, 05:30 AM)
Fully not sure. By right can. Make sure same cc.
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Insurance will offer as per estimated number of days for repairs stated in the adjuster's report.

So, if your car out for 1 month but adjuster say 14 days, they will offer only 14 days.

Adjuster usually is less than the actual days because the adjuster don't take into account other possible delays
buggie
post Jun 1 2017, 09:48 PM

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QUOTE(digitalcode @ Jun 1 2017, 03:08 PM)
i purchase loss of use addon in my motor policy. I bought RM200 per day option (they also have other options like RM100/day). when I claim CART, will they pay RM200 per day or revert to whatever minimum daily rate BNM decides?
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If you claim from third party insurer, BNM rate.

If you claim from your own insurer, the rate you bought @ 200

No. of days subject to adjuster's report
buggie
post Jun 14 2017, 10:49 PM

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QUOTE(saigetsu @ Jun 14 2017, 02:53 PM)
loui
buggie
bro wanna ask u something, my friend kena scam by agent. his car was di bawa lari by this agent. can claim or not (theft)? any exclusion?. or anyone who pro about this.
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QUOTE(loui @ Jun 14 2017, 04:17 PM)
nope

insurance cover theft

in your friend case, he willingly parted his car to the agent, hence not consider theft (just like case where you give key to car wash or carpark jockey and they ran away with your car, insurance won't pay)
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Loui is right. Insurance won't pay. They will use a clause in the policy called CBT - criminal breach of trust. The insured entrusted the car to the agent who then breach this trust when he absconded with the car. It's an exclusion in the policy for this type of theft.

Grey area with the jockey and car wash. If it's a proper car wash or jockey service where they issue a ticket stub, the insurance may pay and seek subrogation against the establishment.

buggie
post Jun 14 2017, 10:54 PM

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QUOTE(flazeroth4th @ Jun 14 2017, 12:43 PM)
this OD KFK affect other fella NCD or not?
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Yes. Your insurance will write to notify the other fella's insurer. Upon receipt of this letter, his insurance will open a file and provide a reserve in anticipation of your loss of use (cart) claim. Once they open file, his NCD is kaput
buggie
post Jun 23 2017, 09:21 PM

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QUOTE(waiwai_wai @ Jun 23 2017, 12:33 AM)
i went to SC's insurance dept ask before, they say no this wor
is it apply to every insurance company ?
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when you say 'no this', what are you referring to?
buggie
post Feb 5 2018, 04:23 PM

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QUOTE(constancethen @ Feb 3 2018, 04:28 PM)
i'm glad that got this useful tread to enlighten me some good knowledge.
but  can i ask have somebody ever claim towing fee direct with TAKAFUL MALAYSIA? i got the reply from takaful malaysia that asking me to liaise directly with workshop on towing reimbursement . but the problem is i paid cash by myself. i dont trust with the workshop because they act  slow and no fast respond taken even called has made/ text. any similiar case for my reference. if reimbursement thru the workshop is no hassle free . the money with go thru they account .....tq.
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Your policy should allow a reimbursement of the towing fee up to RM 200.00

I think maybe the insurance is asking you to claim the 200 from workshop, pass them the bill and the workshop will built into the claim along with the repair cost.

If you paid more than 200 then sorry. Max you get back is 200.

If your policy comes with free towing, next time best to call your insurer call centre.

 

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