Scratches?
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I need help.
11:10 a.m
Probation plate is obvious from rear of my car. I was driving along Ophir road, turned right to North bridge road, trying to filter left to the bus lane so I can go into Central Fraser Street at the Parkview Square building. Signal left, check rearview mirror, got white/silver car behind, check left mirror, no car on bus lane, check blind spot, nothing. I filter in, I think the white/silver car behind me try to overtake me on the left, despite me signalling. I couldn't see him coz I was concentrating on the bus infront of me incase it brakes. Then my car hit the right side of his car, it seems my front-left bumper scrapping his entire right side as he kept overtaking me.He stopped and he's in front of me but I have to stop infront of him coz I'm at the turning already. Surveyed the damages... my car got 1 major scratch about 50cm. It seems obvious maybe because my car is black and the scratch is white.
Then, he (old driver, claimed that he's been driving for 30 years) kept insisting that I pay him $300 for the damages (Old mercedez donno what model) and any additional cost, I don't have to pay. I know by the book, its my fault so I told him to get his paint job and show me the receipt so I can pay him back. He said it will coz more than $300. He says, "Are you sure you want me to do that? It may cost about $400 to $600". But I insisted he go do that coz I seriously don't know how much it will really coz, skeptical of him that he might be trying to cheat me.
Few hours later, he called, saying that the workshop needs to keep his car for 2 days and I have to cover the cost of his rental car and will total up to about $600. If I can't make a decision now, he claims that he decided to go for insurance.
I can't go for insurance mainly because, 2 of my friends had their license revoked during their probation due to accidents despite not being their fault. Even my dad advised me not to go for insurance as it may lead to my license getting revoked.
My Opinion
He knows I'm still under probation, he tries to take advantage of my 'cluelessness' and vulnerability of losing my license. Hell... I even doubt the accident is really an accident. The 'scratches' on his car might not even be scratches. Those are my tyre marks since I was turning left so my tyre is protruding a bit. Maybe it can be polish off.
Should I pay him $300? Is it worth $300?
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Personally, from the extent on the scratches on the front passenger door and rear passenger door, plus the rim, I think will definately cost more than $300. However, the down side is that I think the old man is surely up to something, the worst case scenario being he think you noob he will take the $300 PLUS REPORT YOUR INSURANCE.
What I would do is probably agree to the settlement of $300, but ask him to sign an agreement which both of u have a copy of. The agreement would be something like.
Date
I refer to the incident which occurred at (PLACE) at (TIME) between (YOU CAR NUMBER) and (HIS CAR NUMBER). Due to heavy and fast moving traffic, a side to side collision occurred. Both parties were equally and duly negligent and as a result cosmetic damages to (HIS CAR + DAMAGE) as well as (YOUR CAR + DAMAGE). As a sign of goodwill, (Your Name, IC, Car Number) will hence offer a nominal sum of $300 to (Old man Name, IC, Car Number) for any inconvenience caused. Any sign of goodwill and/or monetary payments or payments in kind do not represent any form of admittance of fault and upon due receipt of the nominal sum the Owner and Driver of (OLD MAN CAR NUMBER) hereby indemnifies the Owner and Driver (Your Car) of any fault thereafter. Any actions undertaken by Owner and Driver of (Old man car number) would represent total guilt and total admittance of fault, and therefore Owner and Driver of (Your car number) will therefore be entitled to conduct actions, including the claming of insurance, to recover all damage and repair costs, loss of use, medical treatment for physical injuries and psychological trauma and other related expenses.
If he refuse to sign the agreement or any kind of agreement, then there IS a high chance he's gonna claim your insurance, and use the $300 to turn the tables around on you, and to say that you tried to offer him $300 (as admittance of your fault, he will say, you not at fault why offer to pay him off?)
Good luck and all the best dude, don't let old people take advantage of you. Best is if you can speak to insurance people, or your dad. Side to side very high chance of 50-50 settlement, plus both of you moved the vehicles after the incident happens so its your words vs his words whether you cut into his lane or cut into yours.
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By the way, I'm not a lawyer or insurance agent, just that I'm in the auto industry so I have seen a lot of cheesepies people when it comes to accident and insurance claim.. so good luck TS.
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Thanks man. I've settled the bill with him and got him to sign the agreement. I wanted to write an agreement myself but I just don't know what to write. Your draft is really very helpful. Thanks again :o)
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Originally posted by Eddyvlad:
Thanks man. I’ve settled the bill with him and got him to sign the agreement. I wanted to write an agreement myself but I just don’t know what to write. Your draft is really very helpful.
Thanks again
)No prob, glad that your issue is resolved. All the best
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Really lucky to pay 300 only.. Really really lucky.. Haha.
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cb people la... others signal already yet the old man cannot wait and still rushed into the filter lane. must always watch out for these fuckers.
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Old man got problem with their eyesight ma.. But then there are cases where they really A$$.. Can diao give you the stupid look when you look at them.
Hey Eddyvlad.. Post the damage of your car le..