Saturday, May 28, 2005

The Verdict (Dtd 27May05)

NTUC Income has called me up and told me about the verdict of the accident. According to them, I was liable for the 80% fault, and the other party for 20% fault based on the BOLA (Barometer of Liability Agreement) Guidelines. *Take note this is just a guideline used when assessing an accident.

I was not happy with the verdict concluded as NTUC Income could not provide me with an explaination on how the accident had been concluded. Therefore, I decided to write an email to the Assessment Manager (Mr David Tan) explaining the case to him, hoping that he can do something about it.

The email is as below:

Date:Fri, 27 May 2005 06:58:54 -0700 (PDT)
From:XXXX@yahoo.com

Subject:Re: claim no 6048683 - Photos and IDAC repair list of veh XXX1381
To:"TAN CHIEW HUA" , "Stewart Lim B H"<
s044927@INCOME.COM.SG>

Dear Mr Tan,

I have spoken to your Assessment Manager, David, this afternoon. Again, he reiterated that NTUC has concluded that the liability is distributed into 80%-20%, with me bearing 80% of the fault. I have reinforced that I DO NOT AGREE with this conclusion. I have, for the past 3 weeks since the accident, insisted that I should not be bearing the bulk of the blame and I am writing to you with my reasons.

I was waiting in line to make a right turn at the junction of Bishan St. 22. There were several cars in front of me which had turned right. When I reached the junction, I checked that the green arrow had appeared and there were no vehicles heading straight from the opposite direction. As such, I proceeded to make a right turn. At this point, a saloon car collided into the left of my vehicle.

NTUC has time and again contacted me since the accident was reported to "advise" me to admit to being at fault, because, by your guidelines, the vehicle turning right does not have the right of way (and so is at fault). Fighting the case further would still mean that I am at fault because further assessment is still based on the guidelines. However, I will like to strongly urge you to look away from this prima facie evidence and into this case again as suggested by David.

I do not know whether the other party is going straight (as I did not see it heading straight at all). There are 3 possibilities here. The other party is:

1. in the right turning lane waiting to turn right, but decided to head straight at the last minute
2. turning right at with very large turning radius and high speed. Lost control and collided into my vehicle
3. going straight

If this is straightforward, the vehicle going straight collides into a vehicle turning right, the damage will not be the same as this case. Please be reminded that the damage to both vehicles are on the LEFT corner now. This is a crucial point. There are no witnesses nor supporting evidence. So far, only the other party's statement claimed that he was going straight. And I have not been given an answer regarding why this point is disregarded in the assessment.

There are also questionable points in this case:
1. Even if the other party was really going straight, he is not liable when he collided into me when he BEAT THE RED LIGHT, simply because by NTUC's assessment guidelines, the party turning right is at fault?

2. Can the other party prove that he is really going straight (and not because he changed his mind)? NTUC has so far been taken this to be true based on the other party's words only. And the conclusion has been made unfavourable against me based on these words.

3. Are the traffic lights at Bishan St. 22 working perfectly at the time of collision? Was there a momentary glitch or a fault in the timing? Does the assessment by NTUC include a technical assessment of the actual conditions or likely to perform a accident reconstruction at the scene?

I have spent a lot of time defending my case to NTUC because I do not want to be wrongly accused and I will continue to insist on my stand. The NTUC officers (including Mr Lai, Dispute Officer and Mr Steven Tan, Claim Officer) have been urging me to admit fault to the case so that NTUC can close this case and save cost. I hope that NTUC is not giving this conclusion simply basing on the fact that the other party claimed that he was going straight and I said that I am turning right. Please consider these possibilities stated. I will also like to NTUC to explain why the other party's statement has been given a higher credibility with only two statements before you.

I look forward to hearing your favorable reply and I hope to receive a formal report on this matter as well. Thank you very much for your time.

Regards,
Tan XX XXX

Thursday, May 19, 2005

The Confirmation of the other Party's Damages (Dtd 19May05)

After some ding-dong-ing with NTUC Income, they found me the cheapest workshop among five quotations based on my damage assessment. Therefore, I sent my vechicle for repair, however, I was supposed to pay $500 cash for the excess of my motor insurance.

On the other hand, the other party was trying to claim against my insurance. Due to some inconsistency of damages, the NTUC sent me an email requesting me to check against the damage claim which the other filed. The original amount the other party trying to claim was around $1500.

Attached is the email that was sent by one of the NTUC officer:

From:"TAN CHIEW HUA" S061418@INCOME.COM.SG
To: XXXXXXX@yahoo.com (Email has been changed to protect the victim)
CC: "Stewart Lim B H"
Subject:
claim no 6048683 - Photos and IDAC repair list of veh XXX1381X
Date: Thu, 19 May 2005 12:37:16 +0800


Our Ref : CL/TCH/6048683
Date : 19 May 2005.
To : Mr Tan XXX XXXX
Dear Sir,
Re : Third Party Claim for accident on 6/5/05 at Bishan St 4.

Award Detail Order No: 120478 Ref No: 5294024 Accident

Date: 06/05/2005 Vehicle No.: XXX1381X
Make: Toyota Model: STARLET
Year of Mfr: 1991 Chassis No: EP800027671
Parallel Import: No Towing Required:
No Veh in IDAC: No Type of Tender:
3rd Party IDAC/Workshop Name : STAC - Sin Ming Location: 302 Sin Ming Road 575627 Claim Type: Surveyor: IA, Siac Telephone No.: Type of Bid: Open
Repair Days: 6 Repair Type: Lumpsum Benchmark Repair Cost ($): 0.00 Total Est Repair: 0 Disc (%): 0 Disc ($): 0 WO Date: 09/05/2005 Status: Surveyed/Invited Tender Closing Date: 11/05/2005 16:30

Remarks:
PLS TAKE NOTE : THE ABOUT XXX1281X VEH NO IS INCORRECT, THE ACTUAL VEH NO IS XXX1381X.
Comments (Internal): Special Instructions: TP Claim, Both Parties Are Income Insured
--------------------------------------------------------------------------------Vehicle Condition: Can Be Repaired
S/No. Part No. Description Quantity Repair Code Price Disc (%) Disc ($)
1 990248 BONNET 1 Replace 0 0 0
2 990273 BONNET HINGE 2 Repair 0 0 0
3 990287 BONNET LOCK 1 Repair 0 0 0
4 990305 BONNET RUBBER 1 Replace 0 0 0
5 991793 FRONT GRILLE 1 Replace 0 0 0
6 990250 BONNET BADGE 1 Replace 0 0 0
7 995153 Front Headlamp Assy LH 1 Replace 0 0 0
8 992013 FRONT SUPPORT PANEL 1 Replace 0 0 0
9 991556 FRONT DOOR 1 Repair 0 0 0
10 995088 Front Side Lamp LH 1 Replace 0 0 0
11 995070 Front Fender LH 1 Replace 0 0 0
12 991300 FRONT BUMPER 1 Replace 0 0 0
13 991889 FRONT NUMBER PLATE GARNISH 1 Replace 0 0 0
14 991433 FRONT BUMPER REINFORCEMENT 1 Replace 0 0 0
15 995072 Front Fender Inner Panel LH 1 Repair 0 0 0
16 990119 AIR CON CONDENSER 1 Replace 0 0 0
17 990147 AIR CON LIQUID PIPE 2 Replace 0 0 0
18 992785 RADIATOR TOP MOUNTING BRACKET 1 Replace 0 0 0
19 991277 FRONT BRACE PANEL 1 Repair 0 0 0
20 990121 AIR CON CONDENSER FAN 1 Replace 0 0 0
21 990125 AIR CON CONDENSER FAN COWLING 1 Replace 0 0 0
Completed fields if vehicle condition is Total Loss: Market Value ($): 0 Scrap Value ($): 0 Economical Repair Value ($): 0
--------------------------------------------------------------------------------
Date of Reporting: 07/05/2005 Date of Accident: 06/05/2005 Time (If Applicable):1850

Photos and document from IDAC of the above claim is email to you.
Please look through the photos of the third party vehicle and confirm that the damages are consistent.
Please confirm whether you are agreeable for NTUC Income to Settle at Best.
If you have any queries, please contact me at 65102005.
Thank you.





















Warmest Regards,Steven Tan Chiew Hua
Te l: 6510 2005
Fax : 65102005
My email address : s061418@income.com.sg

NTUC INCOME INSURANCE COOPERATIVE LIMITEDPRINSEP HOUSE30 PRINSEP STREETSINGAPORE 188647 Website: www.income.com.sg

**Take note that the photos were taken by IDAC
Anyone can see any differences between these photos and those taken by me??



My Reply to NTUC:

Date: Fri, 20 May 2005 23:07:32 -0700 (PDT)
From: "Tan XXX XXXX" XXXXXXXX@yahoo.com

Subject: Re: claim no 6048683 - Photos and IDAC repair list of veh XXX1381
To: "TAN CHIEW HUA" S061418@INCOME.COM.SG


Hi Mr Tan,
I have seen the photos that you have sent. There wasn't any damages on the front door as claim when the accident happened at the scene. But for the rest, I am not sure because I do not know what is each item means. However, the driver(Eric) did call me on the 07/05/05 at around 12 pm, telling me that his vehicle's damages is only about SGD100 plus and asked me not to report the case.
The case should not be closed unless it is agreed by me.
Thank you.

Regards,
XXX XXXX



This is the just the beginning..............

Thursday, May 12, 2005

The Wrong Info (Dtd 11May05)

I had waited for a few days, and yet to receive any calls from NTUC Income. Therefore, I decided to go to the webchat and ask for the status of the accident. For the past few days, the left door of my vehicle was unable to open due to the collision, and I was waiting for NTUC to send my vehicle for repair.

Another conversation via web chat:
Customer Service : Welcome to NTUC Income Call Centre.
Customer Service : Please hold while we connect you to one of our Customer Service Representatives...

Tan : Gd evening
Yuxuan : good evening im yuxuan
Yuxuan : how can i assist?
Tan : hi, can you check the status of my report?
Tan : vehicle no is gtXXXX (Number has been removed to protect the victim)
Yuxuan : Hi sir, so u have made a report at Idac? Can I have your veh no.
Yuxuan : pls put on hold while i check. thanks
Tan : ok, thx
Yuxuan : mr tan, thank you for waiting. TP claim still pending
Tan : wat is the other party's vehicle that is being logged?
Tan : vehicle no, i mean
Yuxuan : XXX1281X
Tan : cant be, i have signed as XXX1381X
Tan : how come it change to be 1281?
Yuxuan : mr tan, our records showed XXX1281X
Tan : according to my sas1, that is printed by idac, it is XXX 1381X (SAS1 is accident report form)
Tan : can you explain to me what has went wrong?
Yuxuan : mr tan, how abt let me inform our claim dept abt this?
Tan : ok, can
Tan : another thing i would like to clarify
Yuxuan : Mr tan, can i have your contact no so that the claim officer may want to verify with u on this
Tan : if i am claiming against the other party(XXX 1381X) which is also from ntuc income, but i lost? wat will happen next?
Tan : my contact no is XXXXXXX

Tan : now in the sas 1, i am trying to claim the other party's insurance
Yuxuan : mr tan,u will have to revert to own damage claim and subj to approval or you may want to settle at your workshop
Tan : why i must revert to my own insurance?
Tan : if i revert to my own insurance, and the other party claim my insurance, isnt it saying that i am admiting it is my fault, and the case will be closed?
Yuxuan : if u lost the case and u do not wish to claim fr your insurance, u have to pay yourself
Tan : ya, but if i lost the case, the damage will be paid through my insurance company (which is ntuc income)?
Yuxuan : If TP claim is successful, their damages will be paid from your insurance. If you are doing a TP claim against them and case lost, you may want to revert to OD for your own repair but subject to approval etc
Tan : meaning if i insist on the 3rd party claim (which is XXX1381X), but i lost the case, i may need to pay for my own damage or not (subject to approval)
Tan : ?
Yuxuan : subj to approval
Tan : then wat is the use of buying comprehensive in the first place? and which clause of the policy states that?
Yuxuan : Hi Mr Tan, your policy does cover either own damage or third party claim against your insurance. If you are claiming against TP (be it income or AIG etc) and case is not successful, it only makes sense that you have to settle your repair and his repair either by your own cash or thru your own insurance right?
Tan : u are right, but now the situation is now i am trying to claim against TP (XXX1381X), however if i lost, I may have to fork out cash to repair my own damage, (Take note, i am not refering to own insurance excess)
Yuxuan : I understand. So your qn is if your case is lost, who will pay for your damages?
Tan : if you are telling me that if i lose, i will be claiming from my own insurance policy, then it is acceptable, but not u are saying that claiming from my own policy after a lost of TP claim is subjected to approval, that doesnt make sense
Tan : i mean now you were saying....
Yuxuan : If right now, the liability is uncertain, we will suggest you claim from own policy first. If you are not at fault after assessment, your policy will not be affected as we will also recover against the other party. But, if case is uncertain and you still intend to claim TP directly, we have to consider when you intend to revert to OD, based on our benchmark etc as well.
Tan : let's say if i change to claim from my own policy first, and the other party is claiming against me, isnt it saying that i am at fault?
Tan : and the case will be closed?
Tan : now the problem is the other party is claiming TP against me
Yuxuan : Most people carry the misconception that claiming against own policy means admiting liability. But insurance companies don;t see it this way. For your case, when you claim Own Damage as both are income insured, we will not only settle your repairs, we will also recover against TP if you are not at fault. If you are not at fault, will your policy be affected even if you claim own policy? Of couse not.
Tan : then why in the first place, i must revert to claim own insurance?
Tan : what ntuc income is doing to for their own benefit? When both parties claim their own damages, and the case drags because it is not straight forward, then the ncd of both parties are gone, and who will be the biggest winner?
Yuxuan : If the case is 50-50, and you claim against TP direct, say your repair cost is $2000. The insurer will only cover 50% of it likely. The other 50% will be payable from your own cash or your own pol if you revert to own policy and is approved.
Tan : ya, in that case i only need to pay for the excess which is SGD500. This i totally understand
Yuxuan : To policyholder, insurer seems to win as both ncd might be affected. However, the insurer has to bear the cost of repairs also.
Tan : but just now, you are saying that changing from TP claim to Own damage claim is subjected to approval from NTUC, do you think it is fair for comprehensive policy holder?
Yuxuan : Like what i said earlier on, if the case is straight forwrd and you are sure you are not at fault, you may wish to claim TP direct if they are insured with non-income or own pol if they are incomed. The result is your pol will not be affected.
Tan : now the case is the other party is also from NTUC income with 3rd party coverage with theft and fire
Tan : and most importantly, they are claiming against my policy
Yuxuan : When you intend to revert to own damage when case lost, of course we have to look at your case (case by case basis) and compared with our benchmark.
Tan : ok, tell me which clause of the policy stated that?
Yuxuan : mt tan do u mind putting on hold while i check?
Tan : ok
Yuxuan : sorry to keep u waiting mr tan. I did not manage to locate exact clause stating this (So there wasn't such agreement after all?)
Tan : now my issue is when can i repair my vehicle?
Yuxuan : can i get the claim officer to revert to u rgd this
Tan : can, you can ask the claim officer to call me tommorrow at ard 130pm to change the car no and this issue
Yuxuan : have u submit any claim for your repair?
Tan : the idac ppl asked me not to repair on my own, and now i am waiting for your reply
Tan : idac has accessed my damage on last sat
Yuxuan : Mr Tan I will leave a note to claim officer to contact u. i will provide all info u told me to the officer
Tan : ok, please help me to settle this asap
Tan : another thing, can i claim for renting a vehicle when it is sent for repair?
Tan : be it from own damage or TP
Yuxuan : Mr tan I will escalate this to claim to follow up. i will ask them to contact u.
Tan : are you still there?
Yuxuan : yes
Yuxuan : Mr Tan do u have any further enquiries?
Tan : do i get to claim from renting a vechicle for loss of transport from OD or TP?
Yuxuan : Mr Tan can i get the claim officer to confirm with u on this as well?
Tan : ok, please leave me your full name and ic no, thx
Yuxuan : my name is Huang Yuxuan
Tan : wat is your ntuc employee no?
Tan : are you still there?
Yuxuan : Mr Tan u are able to locate me again at our hotline 6788112 / 67886616 by asking for yuxuan fr customer service dept. u do not need my IC / staff no. actually
Tan : just give me your staff ic will do, thx
Yuxuan : Mr tan how abt i give you my email add?
Tan : ok, nevermind. just make sure that the claim officer call me tmr, thx
Yuxuan : sure mr tan. i will ask them to give you a call at XXXXXXX
Tan : ok can, something to clarify getting your employmee id is not to complain about you, but as for reference purposes.
Yuxuan : ok mr tan. by noting my name is sufficient
Tan : ok, bye. Thanks for your help.
Yuxuan : thank you for calling NTUC Income Mr Tan
Tan : Logout !

TP denotes Third Party
**- Don't understand how come they could record the wrong car plate number.

- Don't understand why the staff was so afraid of giving customer their employee id? **

Saturday, May 07, 2005

The Report (Dtd 07May05)

Since both parties had agreed to make a report, I went to the IDAC at UBI Close to make my statement early in the morning at around 9 plus on the following day. I was told by the IDAC staff that NTUC income will call me for investigation of the accident in 2, 3 days time.

My Statement:
Vehicle A (First Party Vehicle) - My Vehicle
- Turning to the right, making a U-turn (official U-turn)

Remarks
I was turning right when the 'right' arrow was shown ( There were 3, 4 cars already turned in front of me), suddenly a car banged into my vehicle.

Vechicle B (Third Party Vehicle) - Toyota Startlet
-Not observing a right of way sign (e.g, red traffic light, stop sign etc)


The damage assessment of my vehicle by IDAC
- Front Bumper 1pc Replace
- Front Bumper Chrome Moulding 1pc Replace
- Front Bumper Moulding 1pc Replace
- Left Front Fender 1pc Replace
- Left Front Signal Lamp 1pc Replace
- Left Head Lamp 1pc Replace
- Windscreen Washer Tank 1pc Replace
- Left Front Wheel Splash Guard 1pc Replace
- Front Bumper Bracket 2pc Replace
- Front Bumper Beam 1pc Replace
- Left Front Tyre 1pc Repair
- Front Grille Chrome 1pc Replace
- Front Support Panel 1pc Repair
- Air-Duct 1pc Repair
- Front Grill Enblem 1pc Replace
- Bonnet 1pc Repair

*Wow, it looked like my vehicle was so seriously damaged*

to be continued...

The First Encounter (Dtd 07May05)

Since I was not sure of the procedure involved in reporting the accident to my Insurance company (NTUC Income in this case), I went to NTUC Income's website(http://203.125.136.181/callcentre/chat.htm) to ask for help.

Below is the contents of the conversation:
Customer Service : Welcome to NTUC Income Call Centre.
Customer Service : Please hold while we connect you to one of our Customer Service Representatives...
Ethika : Hello, this is Ethika. How may I help you?
Tan : hi, i met in a car accident this evening ard 7
Ethika : is there any injury involved?
Tan : wat shld i do?
Tan : no
Ethika : if there wasnt any injury, you just have to go down to IDAC
Tan : IDAC, do they open on sat?
Ethika : they will do damage assesment for your vehicle. the report have to be within 24hrs after accident
Ethika : they do open on saturday. where do you stay sir?
Tan : lorong ah soo
Tan : i do not need to make police report?
Ethika : no need sir.
Ethika : IDAC nearby will be ubi and sinming.
Tan : can you give me the address?
Ethika : you can give them a call first tomorrow they're open from 8am.
Tan : ok
Tan : then will i be given a temporary car to use when repairing my vehicle?
Ethika : Idac Ubi Close Live Cam 5 Ubi Close Singapore 408605 Tel: 6555 6777 Operations: 0800- 1800 hours idac ubi phone:6555 6777 , sinming:6455 5358
Ethika : may I know your vehicle number please?
Tan : gtXXXX (Number has been removed to protect the victim)
Ethika : please hold
Tan : sure
Ethika : thank you for holding. Im afraid there will be no courtesy car provided sir.
Tan : why is that so?
Tan : the accident is not my fault, and I need a vehicle.
Ethika : reason is commercial vehicle no car will be provided.
Tan : i just need a commercial vehicle for replacement
Ethika : only for private car will be available sir, so sorry about it
Tan : if i rent a commercial outside, can i claim against the other party?
Ethika : yes,this is you can claim from the other party
Tan : but how do i go abt doing it? Wat are the procedures?
Ethika : but the first procedure i suggest to make a report first thing tomorrow sir.
Tan : a report to idac? then after that?
Ethika : if you wish to claim the other party IDAC will give you a list of workshop to help you do the other party claiming.
Ethika : IDAC will submit the reporting to Income claim
Tan : how long does this usually take
Ethika : it depends on the damage, IDAC will be able to give an estimate
Tan : then i will have to leave my vehicle there at idac tmr?
Ethika : no need if the vehicle still can be driven.
Tan : meaning after idac inspect my damages, they will give me a list of workshop to go, then i have to proceed to any of the workshop given?
Ethika : yes..correct
Ethika : is there anything else i may help?
Tan : but wat abt the claiming against the other party?
Ethika : workshop will help you to do the claiming
Tan : my problem now is not about the repairing, but the lost of transport
Ethika : the lost of transport normally receipt or rental prove for claiming the other party
Tan : meaning i have to fork out the money to rent a car, then claim against the other party after everything is settled?
Ethika : yes correct
Tan : ok, thanks. I will do a report tmr
Ethika : Thank you for using NTUC Income Web Chat.
Ethika : goodbye
Ethika : Logout !
Tan : good bye

.... to be continued

Friday, May 06, 2005

The Accident (Dtd 06May05)

Just now (at around 6.50pm), after I took my 2-seater sport car (a single cab pickup) from bishan bus interchange's multi-storey carpark, I was driving happily along the Bishan Street 22, wanted to turn towards Ang Mio Kio. While I was turning right as the green arrow light was on (There were 3, 4 cars already turned before me), a Toyota starlet from the opposite direction suddenly banged into my vehicle. (@#$#*&*&#$#*@#).

Below shows the route that I took and where the accident happened::

I was damn pissed and got down of my vehicle, the other driver was a young chap (early twenties) who drove his friend's car, and he appeared to be frightened from the accident. According to him: he saw the traffic light in amble and he wanted to beat the traffic light and moved straight.

In order to settle things fast because I was rushing for time, I told him that we shall report to our own car's Insurance company respectively in the following day.

During the discussion with him, I had taken down his particulars and the pictures of both vechicles with my handphone.

My Vehicle:

His Vehicle:

Important point to take note: Both vehicles were damaged on the left!!