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 Accident 101: i teach u claim loss of use

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loui
post Feb 25 2015, 02:25 PM

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QUOTE(KahHoong @ Feb 25 2015, 01:18 PM)
i've recently being rear ended by a young girl, and i bang the one in front. total all claim the one at the back or how? and how can i make this loss of use claim? go let the adjuster check first or how?
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you want the adjuster to check what?

who is at fault or what is the damage?

damage is determine by adjuster/workshop

fault is determine by the police officer
loui
post Feb 25 2015, 08:09 PM

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QUOTE(KahHoong @ Feb 25 2015, 06:04 PM)
Hi, thanks for the reply, i was planning to send back proton to fix and claim the insurance from car behind, i wanted to know more about the procedure, only the normal police report and pictures will do when i send to proton? second question is, i wanted to claim loss of use for compensation when i dont have car to drive, and the proceduce to claim car rental fees. any idea?  hmm.gif
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TS did make a elaborate way of claims in his 1st post, so I won't be repeating again

basically there are 2 types of claims you can do which will not affect your NCD

mainly OD-KFK & TPPD

things you need to expedite the claim
1. police reports of all parties involve (compulsory)
2. police photos (optional)
3. police sketch (optional)
4. police investigation outcome (compulsory)

send it to workshop and hand him a copy of all the documents above and tell him you are going for OD-KFK or TPPD

if OD-KFK, the workshop and insurance company will kaotim for you

if TPPD, you need to personally negotiate with insurance company as the amount is depending on how the staff in insurance company assess the claim

as for loss of use, you can only claim it if you opt for TPPD

by default, you will get the amount base on the engine capacity of your car(see 1st post)

or alternatively, hire a car from a license car hiring company and ask them to issue you a legit receipt
loui
post Feb 26 2015, 09:03 AM

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QUOTE(KahHoong @ Feb 26 2015, 04:03 AM)
Ok, make it simple, I doesn't like workshop fella to handle, they mostly fix exterior cosmetic and claim a huge amount saying all new but it's not, I'm going back proton to fix it. My main question I think is, how is the process to claim if I rent a car, mine is a 2.0 inspira, means rm40 per day claim only? Rental per day is more than rm120.
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bare in mind, insurance company pay according to the age of your car

let's say your car is 5 years old

insurance company will only pay a 2nd hand 5 years old spare part, not a new one

you can by all mean send it back to proton to fix it but you need to top up the different

as for loss of use, RM40 is the practice unless you can show proof of a rental receipt from a registered rental company
loui
post Feb 26 2015, 09:20 AM

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QUOTE(acbc @ Feb 26 2015, 09:08 AM)
My car stuck at the workshop for 2 months but the third party insurer only willing to pay CART for 2 weeks. Reason because his coverage not enough to pay for my damages and compensation.
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there are no limit as to claiming insurance (for TPPD & TPBI)

so far the highest amount I paid off (involve injury) is RM 2 millions

it is just a norm/practice for insurance company to pay only for 2 weeks

it all goes down to your/your lawyer negotiation skill
loui
post Feb 26 2015, 09:57 AM

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QUOTE(iOnine @ Feb 26 2015, 09:34 AM)
loui bos, can appeal on the case to be re-study or re-check or whatever ah? (if found im at fault but i have solid evidence that the sohai is at fault)
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who is at fault is a very subjective question

it is a norm that you will blame other party and other party will blame you back and both of you end up having different version in the police report

unless you have rock solid evidence like dash camera recording or police photos of scene of accident which clearly shows the other party version is improbable, insurance claim personnel won't reconsider the compensation

without those, your only way to win the case is to get a lawyer to fight it for you in court

but it will take some times with no guarantee success + you need to attend the court on every hearing date + lawyer will take 20%~30% cut for what you won
loui
post Feb 26 2015, 09:58 AM

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QUOTE(saigetsu @ Feb 26 2015, 09:33 AM)
taiko. u handle BI claims too..  salute
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8 years liao, felt so tired doing repetition work

you?
loui
post Feb 26 2015, 10:47 AM

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QUOTE(iOnine @ Feb 26 2015, 10:38 AM)
solid evidence i got is the Pedestrian CCTV.
it shows the flow of the traffic and the accident.

bad news is, the cctv is time lapse of 2-3 sec. (so the part where the accident occurs is after the banging)
but it shows that it was our lane is on green light and moving.
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that one is good enough

did you manage to get a soft copy?

show it to the police in charge and the claim executive

it is best you pressure the police to issue compound to the other fella

base on that, easier for you to claim

anyhow, you know i know how police work, so good luck to you
loui
post Feb 26 2015, 11:19 AM

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QUOTE(iOnine @ Feb 26 2015, 11:08 AM)
nop didnt get softcopy.
coz im citizen. my dad personally go and see the video inside the security.
then i told the sarjan, sarjan go and grab hold of the copy.
til now, no result yet ;(

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try send a formal letter (in AR registered), attached together with you police report to whoever incharge of the CCTV and ask for a copy

don't rely on the sarjan, you know how police in malaysia works

without any duit kopi, then don't bother to do anything

do it fast as CCTV record usually get erase within short time of period
loui
post Dec 29 2015, 12:24 PM

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QUOTE(wca @ Dec 29 2015, 12:16 PM)

Question:
- Do I do this myself or can ask the workshop to help claim the LOU together?
- Wat documentation i need to provide? Taxi receipts?
- When to submit these documentation (police report + investigation report + receipts (if needed))?
- How much can we claim (follow post #1)?

Still quite blur after calling the Customer Service especially on the procedure sequence and timeline. Thanks in advance for your help.
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1. usually workshop will do

2. if you did not submit receipts, they will compensate base on the type of your car. With receipts, you can claim more

3. police report + investigation report + photos + adjuster evaluation + police sketch. Usually workshop people will do it for you. Try ask them 1st, cause recent years, police station no longer entertain workshop runner

4. check my thread, I have stated the standard LOU rate without the receipts.
loui
post Dec 29 2015, 02:39 PM

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QUOTE(saigetsu @ Dec 29 2015, 02:36 PM)
Hi Lou. Working hard notworthy.gif  i heard next year a lot of retrenchment. big motor players. sad. hard time
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marketing/admin sides maybe

underwriting/claim/actuarial/account sides still quite save

hopefully la

i also scare
loui
post Feb 13 2017, 10:40 AM

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QUOTE(sundae @ Feb 12 2017, 09:04 PM)
On December 25, I have posted this:
Was involved in accident
a) I have reported police but the other party did not report to police
b) Police result was in my favor, which I have used to retrieved the other party's insurance information
c) I claimed his insurance but was rejected because the other party did not make the police report

I got a reply here to get a letter from commissioner of oath so that I can claim the other party's insurance.

I got the letter done and forwarded to the insurance company but my claims has been rejected, with a repudiation letter:

user posted image

The insurance agent who was handling my claims mentioned that
1. The other party has to make police report, which he didn't and refused to do
2. The police result decision was ambiguous that the other party "may be guilty" and "may be charged according to the law". I followed up with the police, and he said all he can do was to send him a saman for not making a police report.
3. Because of point 2 above, the agent said that the other party is only guilty for not making police report, and it did not indicate that he is guilty for causing the accident.

In the letter sumpah which I did, I stated that the other party was at fault for the accident.

Anything else I can do?
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go to bank negara

such policy term is between insured and the insurance company

you, as a third party, your right to claim falls under Section 90 ~ Section 96 Road Transport Act

talk to the claim handler, threaten to report to bank negara for quoting wrong information to avoid paying out the claims

most claim handlers are not legally train, hence they don't really understand the law

repudiation letter can only be served to insured, not you

This post has been edited by loui: Feb 13 2017, 10:47 AM


Attached File(s)
Attached File  RTA_1987.pdf ( 599.08k ) Number of downloads: 30
loui
post Feb 13 2017, 05:35 PM

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QUOTE(sundae @ Feb 13 2017, 04:42 PM)
> you, as a third party, your right to claim falls under Section 90 ~ Section 96 Road Transport Act

I've checked with the agent and apparently they do not follow road transport act, but the insurance act? (if that makes sense). Any ideas?
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nope

agent/claim handler isn't legally train, so he got it wrong

everyone's right fall under road transport act

write a letter to insurance company as below

» Click to show Spoiler - click again to hide... «


you change a bit to suit your situation



loui
post Feb 13 2017, 05:38 PM

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QUOTE(saigetsu @ Feb 13 2017, 05:16 PM)
i think its co exist. bro screw your agent. if he so good, he wouldnt mention insurance act coz it has been replace by financial services act since 2013. just liaise with insurance claims department
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it co exist, but RTA has bigger power

for example, a drunk driver knock into a bike

insurance policy stipulated that they will not cover for drunk driver

but RTA strictly mention that it covers

hence insurance company have to pay to the injured biker

subsequently insurance company raise the issue of drunk driver exclusion clause in the policy to recover the many paid to insurance company from the drunk driver


loui
post Feb 14 2017, 09:05 AM

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QUOTE(saigetsu @ Feb 13 2017, 05:55 PM)
from your experience, how successful insurance company recover from their insured?
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less the 0.01%

that few times also because the owner is a big company. Threaten to lingkup them if don't pay up

QUOTE(raulxiver @ Feb 14 2017, 12:37 AM)
me trying to come out from t- junction, to turn right
road to left is jamming, road to right is smooth
woman from road to left so nice stopped and give way me go out
me car came out half of the road already and check out any car from left
me see no car from left so push pedal
women car suddenly moved in front of me
boom

i cry

women want to give way but dont want to give way. woman trapped me and me fault, paid summon + lost ncd
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in woman theory, yes mean no, no mean yes

kecian

next time don't trust them

This post has been edited by loui: Feb 14 2017, 09:05 AM
loui
post Feb 14 2017, 10:56 AM

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QUOTE(saigetsu @ Feb 14 2017, 09:18 AM)
anyway got question. i got this one case.

langgar lari case. Insured said she didnt drive the car during the accident. probably her son drive the car and hit people and ran away. but thats not the whole point.

so third party make statutory declaration said that her car hit his car. no picture as prove at all.
so insured didnt realised that got people claim against her insurance until she wanted to renew her policy.

theres timing issue, which has caused company need to clawback the ncd. now
if insured didnt want to pay, how to get back? reduce SI?
*
no such thing as insured don't want to pay

policy clearly stated that right to determine whether to pay is solely on insurance company

as long as third party managed to convince insurance company that he has sufficient evidences to prove the involvement of insured vehicle, insurance claim personnel will allow their claim

the best thing insured can do it lodge a police report, deny his involvement

serve the said police report to insurance company

noted that, if matter goes to court, whoever lodge police report need to testify infront of judge or else the police report is deem useless
loui
post Feb 16 2017, 11:59 AM

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QUOTE(iwubpreve @ Feb 15 2017, 06:02 PM)
hi bro, update of my  case again. so now insurance company show me this which is in the policy

the sompo manager said section 3(i) & 3(iv) not satisfied them.

user posted image

the police report result said that police conclude that motorbike is at fault and summon will issue against motorbike. police result as follow:

user posted image

their formal reply in email as follow
[attachmentid=8490281]
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the main issue is police didn't compound the rider for his mistake

police only compound the rider for failing to lodge police report (which doesn't reflect his mistake)

you need police to compound rider under "ROAD TRAFFIC RULES 1959 LN 166/59" (refer to the attachment)

Attached File  keadahlalulintasln166.doc ( 81.5k ) Number of downloads: 21


go back to the police in charge, speak to him and ask him to issue compound for mistake

This post has been edited by loui: Feb 16 2017, 12:00 PM
loui
post Feb 16 2017, 12:06 PM

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Attached Image

mistake is highlighted in red


loui
post Feb 16 2017, 12:10 PM

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QUOTE(kittyku @ Feb 16 2017, 12:07 PM)
cant see... blur
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click and zoom in please
loui
post Feb 16 2017, 04:28 PM

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QUOTE(iwubpreve @ Feb 16 2017, 03:36 PM)
this is the sample of final report is it?
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yup
loui
post Feb 17 2017, 10:37 AM

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QUOTE(melt @ Feb 17 2017, 10:32 AM)
keputusan need to take by owner itself?

workshop cant help to take?
*
nope

bukit aman send memo to all police station

only person involved & appointed lawyers can get it

but most of workshop people got cable, can easily get it

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