Private settlement for accident

[Vitacimin]

He only wanted to pay $300.

My driver's side mirror had the internal motor gears completely ruined, it couldn't open or close properly after the accident. That item was already over $300 without spray painting.

My repairs cost over $1k.

His intention to private settlement the repairs was because he was under 26 years old - his insurance would have been hit by the young driver excess.

He was driving a Subaru WRX - I'm pretty his insurance is not cheap.

His excess should be 1k and above. Just claim against him

 

[ManchesterFC]

Must claim his gaogao , what 300..?

He only wanted to pay $300.

My driver's side mirror had the internal motor gears completely ruined, it couldn't open or close properly after the accident. That item was already over $300 without spray painting.

My repairs cost over $1k.

His intention to private settlement the repairs was because he was under 26 years old - his insurance would have been hit by the young driver excess.

He was driving a Subaru WRX - I'm pretty his insurance is not cheap.

Posted with iPhone 6S HardwareZone Forums app

 

[sanchin]

Settle privately still need to report the accident to police within 24hrs for non injuries accident, date/time whose at fault etc. This is just a report for your record. For insurance is up to you, even you report to insurance company as long as no claim is done there is no impact on NCD.

 

[sanchin]

He only wanted to pay $300.

My driver's side mirror had the internal motor gears completely ruined, it couldn't open or close properly after the accident. That item was already over $300 without spray painting.

My repairs cost over $1k.

His intention to private settlement the repairs was because he was under 26 years old - his insurance would have been hit by the young driver excess.

He was driving a Subaru WRX - I'm pretty his insurance is not cheap.

He should pay the entire cost of repair plus your time off from work, if he does not agree then settle with insurance which is even worse. Give him a timeframe to decide but for your case now probably go with the insurance since he roti prata.

 

[cscs3]

Settle privately still need to report the accident to police within 24hrs for non injuries accident, date/time whose at fault etc. This is just a report for your record. For insurance is up to you, even you report to insurance company as long as no claim is done there is no impact on NCD.

You need to . This is to protect yourself is case some change his mind after seeing the repair bill.

To report does not means you will claim from insurance company.

 

[gentoro]

It is legal binding, even words said and used can be legal bound.

I normally do not report to insurance and the other party as well. We settle, get the payment sign on the agreement that the payment has been made.

The form must explicitly say the payee is the one at fault. So when roti prata comes... you're safe.

Nowaday does not work this way. With document or not, no report from police or not reporting to owner's insurance - when times come legal arrow shooting, the document render useless and cannot be use as evidence in the court of law.

Other scenario, documents signed by both parties and reports from police and incident records from insurance in place. When legal arrow shooting time, insurance legal will be able to use the document signed by both parties as evidence to reinforce the claimants and charges proceeding. At the very least must contact own's insurance for recording of incident happening.

The police report is justifiable as an legal report with documents signed by either party as evidence reinforced.

So what I mean is - purely a print out from NTUC or other source of document as alone itself is useless. Its not legal binding as all even with report. Can only be use as evidence reinforced.

 

[Starbutt]

Nowaday does not work this way. With document or not, no report from police or not reporting to owner's insurance - when times come legal arrow shooting, the document render useless and cannot be use as evidence in the court of law.

Other scenario, documents signed by both parties and reports from police and incident records from insurance in place. When legal arrow shooting time, insurance legal will be able to use the document signed by both parties as evidence to reinforce the claimants and charges proceeding. At the very least must contact own's insurance for recording of incident happening.

The police report is justifiable as an legal report with documents signed by either party as evidence reinforced.

So what I mean is - purely a print out from NTUC or other source of document as alone itself is useless. Its not legal binding as all even with report. Can only be use as evidence reinforced.

True that but sometimes if play hardball also scared people tulan then hunt you down and scratch your car after you repair. If small damage and not so new car then I guess just take the compensation, go fix the car and move on. But if brand new car then surely just go through insurance and claim gao gao.

Sometimes in life just give and take. Personal opinion.

 

[kazaf99]

most drivers still think private settlement means dont report

i always tell them report is report, must do one
claim we can settle private if can come to agreement

i wun go to his workshop,later anyhow do

my workshop my quote, u ok then settle private
not ok i just claim insurance

 

[chehjin]

most drivers still think private settlement means dont report

i always tell them report is report, must do one
claim we can settle private if can come to agreement

i wun go to his workshop,later anyhow do

my workshop my quote, u ok then settle private
not ok i just claim insurance

this is the best way, becos many times after the person go to his workshop, the people there will "psycho" him to play "stunt" cos they can make more ma.

 

[gentoro]

this is the best way, becos many times after the person go to his workshop, the people there will "psycho" him to play "stunt" cos they can make more ma.

Yeah. Correct.

Very simple logic. Workshop A, my workshop, my quote. Other party workshop B, psycho other party to go to workshop B (so B can earn). Not that the quote will be more or less - jus simple you earn or I earn from your incident.

 

[Chalkycliffs]

Yeah. Correct.

Very simple logic. Workshop A, my workshop, my quote. Other party workshop B, psycho other party to go to workshop B (so B can earn). Not that the quote will be more or less - jus simple you earn or I earn from your incident.

Even worse is that their 'recommended' workshop is in some ulu farway place, getting there and back is already an excursion into the unknown...

Your car go there for repairs... you slowly walk out just to find ANY type of transport to leave the area.

Claim transport from WHO?

 

[chehjin]

Even worse is that their 'recommended' workshop is in some ulu farway place, getting there and back is already an excursion into the unknown...

Your car go there for repairs... you slowly walk out just to find ANY type of transport to leave the area.

Claim transport from WHO?

thats why claim insurance better, can claim loan car and/or lost of use. Provided not your fault la.

 

[jarvis]

Nowaday does not work this way. With document or not, no report from police or not reporting to owner's insurance - when times come legal arrow shooting, the document render useless and cannot be use as evidence in the court of law.

Other scenario, documents signed by both parties and reports from police and incident records from insurance in place. When legal arrow shooting time, insurance legal will be able to use the document signed by both parties as evidence to reinforce the claimants and charges proceeding. At the very least must contact own's insurance for recording of incident happening.

The police report is justifiable as an legal report with documents signed by either party as evidence reinforced.

So what I mean is - purely a print out from NTUC or other source of document as alone itself is useless. Its not legal binding as all even with report. Can only be use as evidence reinforced.

Anything and everything that is relevant can be evidence - the impact, if any, is on the weight of the evidence.

If you have a settlement agreement, it is a settlement where parties have agreed to compromise liability and settle the claim for XXX to be paid by A to B upon which there is a mutual release of all liabilities. If it is properly drafted, then that's it insofar as civil liabilities between the 2 parties are concerned. Offer + Acceptance + Consideration = binding contract.

If the other party does not pay up after that, your recourse is to sue under the settlement agreement for the unpaid debt unless your settlement agreement has a clause that allows you to render the settlement agreement null and void ab initio if payment is not received and to allow you to revert to the underlying action - see the decision of the Singapore Courts in The Dilmun Fulmar [2003] SGHC 270. It also means you cannot then change your mind to say, oh, actually, now that I think about it, I want more money than I agreed to accept under the settlement agreement unless the settlement agreement is void ab initio.

If you want to claim against your insurance but you didn't report that within the time-frame then they can say "not covered" because you failed to report as required - you pay the compensation yourself. Why some people don't want to report is because they think the insurer will penalise them in the renewals.

If the TP are charging you with any criminal offence (e.g. reckless driving), then that is also separate from the civil liability - they can consider the factual evidence (e.g. what is stated on the settlement agreement as the agreed facts), but they are not going to be bound by any settlement between the two parties. But if it's only a minor contact then they usually won't get involved.

 

[5star_pundit]

Is it still legit to do private settlement for accident? Should I still go make report with insurance company if I accept direct compensation from other driver who is at fault assuming that I am not claiming against his insurance?

Is there a standard letter template that can be used for private settlement?

Ask the other party to acknowledge his fault

 

[Starbutt]

Anything and everything that is relevant can be evidence - the impact, if any, is on the weight of the evidence.

If you have a settlement agreement, it is a settlement where parties have agreed to compromise liability and settle the claim for XXX to be paid by A to B upon which there is a mutual release of all liabilities. If it is properly drafted, then that's it insofar as civil liabilities between the 2 parties are concerned. Offer + Acceptance + Consideration = binding contract.

If the other party does not pay up after that, your recourse is to sue under the settlement agreement for the unpaid debt unless your settlement agreement has a clause that allows you to render the settlement agreement null and void ab initio if payment is not received and to allow you to revert to the underlying action - see the decision of the Singapore Courts in The Dilmun Fulmar [2003] SGHC 270. It also means you cannot then change your mind to say, oh, actually, now that I think about it, I want more money than I agreed to accept under the settlement agreement unless the settlement agreement is void ab initio.

If you want to claim against your insurance but you didn't report that within the time-frame then they can say "not covered" because you failed to report as required - you pay the compensation yourself. Why some people don't want to report is because they think the insurer will penalise them in the renewals.

If the TP are charging you with any criminal offence (e.g. reckless driving), then that is also separate from the civil liability - they can consider the factual evidence (e.g. what is stated on the settlement agreement as the agreed facts), but they are not going to be bound by any settlement between the two parties. But if it's only a minor contact then they usually won't get involved.

Lawyer spotted

 

[superman]

If Private Settlement form is not recognized in court then Insurance company do the form for what?

 

[super365]

Anything and everything that is relevant can be evidence - the impact, if any, is on the weight of the evidence.

If you have a settlement agreement, it is a settlement where parties have agreed to compromise liability and settle the claim for XXX to be paid by A to B upon which there is a mutual release of all liabilities. If it is properly drafted, then that's it insofar as civil liabilities between the 2 parties are concerned. Offer + Acceptance + Consideration = binding contract.

If the other party does not pay up after that, your recourse is to sue under the settlement agreement for the unpaid debt unless your settlement agreement has a clause that allows you to render the settlement agreement null and void ab initio if payment is not received and to allow you to revert to the underlying action - see the decision of the Singapore Courts in The Dilmun Fulmar [2003] SGHC 270. It also means you cannot then change your mind to say, oh, actually, now that I think about it, I want more money than I agreed to accept under the settlement agreement unless the settlement agreement is void ab initio.

If you want to claim against your insurance but you didn't report that within the time-frame then they can say "not covered" because you failed to report as required - you pay the compensation yourself. Why some people don't want to report is because they think the insurer will penalise them in the renewals.

If the TP are charging you with any criminal offence (e.g. reckless driving), then that is also separate from the civil liability - they can consider the factual evidence (e.g. what is stated on the settlement agreement as the agreed facts), but they are not going to be bound by any settlement between the two parties. But if it's only a minor contact then they usually won't get involved.

After accident if after private settlement and you also report to insurance company, will it affect anything of the insurance (e.g. higher fees) next time? Although never claim anything in the insurance will they blacklist you or something?

Private settlement form is filled in and signed on the accident spot, in the form there is a field to fill in the money: "party paying compensation has paid a sum of $____", how to know what amount to fill in since the car is still not repaired?

If we fill in the form amount by estimation on the spot $500 and lets say the sum I received is $500 (on the accident spot before repair and written $500 in the private settlement form). After repair the total cost is actually $700, how to get the extra $200 from that party paying?
Since the form only wrote $500 can the other party paying refuse to pay the extra $200?

I searched 'private settlement form' and this first result form seems ok https://www.aviva.com.sg/pdf/General-Insurance/Private_Settlement_Form.pdf

 

[WestGuy]

After accident if after private settlement and you also report to insurance company, will it affect anything of the insurance (e.g. higher fees) next time? Although never claim anything in the insurance will they blacklist you or something?

Private settlement form is filled in and signed on the accident spot, in the form there is a field to fill in the money: "party paying compensation has paid a sum of $____", how to know what amount to fill in since the car is still not repaired?

If we fill in the form amount by estimation on the spot $500 and lets say the sum I received is $500 (on the accident spot before repair and written $500 in the private settlement form). After repair the total cost is actually $700, how to get the extra $200 from that party paying?
Since the form only wrote $500 can the other party paying refuse to pay the extra $200?

I searched 'private settlement form' and this first result form seems ok https://www.aviva.com.sg/pdf/General-Insurance/Private_Settlement_Form.pdf

Thats why for my case last time when someone rear-ended me, i immediately drove to my workshop and asked them for a quotation to repair my car. Then i included an extra buffer for rental car, the costs if i were to see my doctor, loss of income etc. Then i called the guy who rear-ended me, and asked if he is ok with the amount. If he is not ok, then i claim insurance from him.

He was ok with the amount, so he came down, paid me cash, and signed on the private settlement form

 

[WestGuy]

My service advisor at my car service centre was very knowledgeable. I still remember his advice. Always collect cash first from the other guy who hit your car before signing on the private settlement form.

Because if he doesn't pay you first, he can twist this and that, and you're pretty much screwed.

 

[EJB]

My service advisor at my car service centre was very knowledgeable. I still remember his advice. Always collect cash first from the other guy who hit your car before signing on the private settlement form.

Because if he doesn't pay you first, he can twist this and that, and you're pretty much screwed.

Common sense leh... TEK ask me collect deposit from the lorry that hit me, then ask them come down settle the rest.

I *roll eyes*

I say if private settle, I will ask for above the original quoted sum by TEK to cover myself, and of course everything collect upfront, later lorry driver fly back bangladesh, I claim who?