3 way Accident Claim
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
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