Re: Bros out there pls help accident b4 CNY
centurion;298575 said:
+1
And, get a lawyer, for god's sake. This is a 3rd party claim. It's more complicated than claiming your own insurance.
And lissen to edlms .... though I think he not so dirty.
ha ha... good call.
it is complicated. if you do want to go down the route of making your own claim, either personally or through the workshop and not your insurer, then things get more interesting.
i'll try to explain briefly the process first without the complication of illegal mods or personal injury.
Option one, make a claim through your own insurer, they will settle your claim, then go against the insurer of the taxi. your no-claim bonus will be affected to some degree even though the accident not your fault.
option two, make your own claim through your workshop. workshops will usually "finance" your claim. ie pay for the repairs and instruct their panel of lawyers. they would be reimbursed and paid when the claim is resolved. no or little out of pocket expenses for you and hassle free (to a certain extent only) this is known as a subrogated claim. ie the workshop steps into your shoes to make the claim on your behalf due to the fact that he bears the risk of assuming liability for repairs and related costs.
option three, make the claim personally, usually through a lawyer. you'd have to pay for the repairs in full, then claim against the taxi. risk on your part cos you may have to settle for less than you paid for the repairs. to me this option is a no no.
it seems that you have chosen option 2.
which brings us to the issue of illegal mods, touch-and-go. contrary to what i wrote above, which is the basic position, there is a possibility of the surveyor refusing to accept the illegal exhaust system.
your workshop will usually appoint their own "independent" surveyor to asses the value of the repairs and parts before submitting to insurers for your claim (let's call it survey report 1- SR1). SR1 will be considered by the taxi's insurers and if they are dissatisfied will the claim, the will appoint their own surveyor to do SR2.
that's where my above analogy of the average of 2 claims comes in.
the 2 surveyors will usually be known competitors and collaboration between the two will not usually be easy or possible. there is also a "list" of illegal mods.
therefore, your workshop will have to be both "experienced" and "dirty" (or do they mean the same thing in this context) when making the claim. there are creative ways of recovering your money including justifiably inflating repair costs, part prices, labour charges, even costs of engaging professionals etc. but please try to be aware of what's going on cos you do not want to be involved in insurance "scams".
NOTE - IT IS NOT OVER. if the workshop cannot settle the claim (or recover less than the repairs), you may either be asked to top up the repair costs or asked to commence legal action. That's when the real hassle starts. Won't go into for now but feel free to PM me if you need to know.
i've touched briefly on the main issues - there are lots more... Did you sign any document with the workshop?
as centurion says - it's complicated.
cheers.