3 way Accident Claim

04:56 am 25.01.2019
Car / Motorcycle
04:56 am 25.01.2019

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

IBanding Services
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Petaling Jaya, Selangor

12:56 pm 25.01.2019

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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