Accident at PLUS Highway - My BMW E38

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nevets

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Joined
Jan 19, 2007
Messages
319
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Just to share and maybe some advice needed.

Met an accident last week whilst travelling from KL to JB at KM190 shortly after the Ayer Keroh exit.

It was a dark stretch, i wasnt speeding...maybe about 130kmh...minding my driving when i suddenly saw a dark object on my lane the fast lane and before i can react, i hit the object...there was a loud BANG followed by the consecutive deployment of the front and side airbags...at the same time i couldnt control the car and skidded through a ditch and landed in a slope. all this happened within maybe 5 or 6 seconds.

the car skidded probably about a 150metres from impact. bit shaken otherwise just some cuts and bruises. the object in the middle of the fast lane turns out to be a tyre that somehow had dis-attached from the trailer. Said a little prayer, and proceeded to check damage etc. it was only then i realise that there was another vehicle that hit the object first before me. An Isuzu Dmax...their damage also extensive as being a higher vehicle altho it went thru the tyre...the underneath sustained serious damage as oil petrol liquids were seen spilled on the road.

And apparently the trailer which left the tyre didnt even notice they had a tyre missing (maybe because of the size, cant blame them) and they only stopped about 20km ahead only when another fellow lorry alarmed them as there were sparks coming from where the tyre came off.

Anyways pictures speak a thousand words...

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Next came PLUS Ronda guys and the police patrol a bit later. PLUS helped to hoist the car to the road . as you can see from the photos my car actually landed in a slope. Towed the car to the nearest IPD which was Jasin. and then on to the workshop. Now awaiting insurers adjusters to evaluate the car. The workshope manager did inspect my car and mention luckily its not some lighter car...kancil...myvi otherwise the accident could be even more worse...or even a motorcyclist? i dont dare imagine...in a way i am grateful that 1. i hit the tyre and came off ok, otherwise some other poor fella could have suffered more...and more importantly that my car took the tyre away from the road...thus preventing other major accidents from the same tyre.

Now...the question arise is whether PLUS is liable to some extent? I have wrote an email to PLUS and they ask for more details of the accident...heres a copy of their email...

We refer to your e-mail on the above with much appreciation.

We assure you that it is the priority of PLUS Berhad to ensure a safe, convenient and comfortable journey for all highway users. While all efforts are made to ensure safety, convenience and comfort, there are times when certain events and occurrence might happen unexpectedly or beyond our control.

We would also like to assure you that PLUS Berhad takes all feedback very seriously. Therefore, in order for us to investigate further, you are advised to submit all the related documents within thirty (30) working days from the date of this e-mail. The list of the documentations is as follows:

a) Original repair bill/quotation and/or confirmation on payment made
B) Original Medical Bill & Medical Report (for bodily injury – if any)
c) Original copy of police report
d) Toll receipt or “Touch n Go” card serial number
e) Photograph on damage of vehicle - after repair
f) Copy of vehicle registration card
g) Copy of Identification Card and Driving license
h) Copy of insurance Policy/Cover Note
i) Confirmation on their own Motor Insurance claim (Discharge Voucher from their insurer)

Submission of the above shall be made to the following address:

User Claim Unit, Operations Security Department
1st Floor, Menara Korporat, Persada PLUS
Persimpangan Bertingkat Subang
KM 15 Lebuhraya Baru Lembah Klang
47301 Petaling Jaya, Selangor.

The related documents are required for the purpose of our investigation and shall not in any way be regarded as our confirmation to pay or our admission of liability. The outcome of the complaint/claim will be made in writing to you within 30 working days upon receiving the complete documents as listed above. Nevertheless, please note that we will require longer time to assess claims involving technical and legal issues.

We will investigate the incident and give the claim a proper consideration, but kindly be informed that pay out on claims, if any, is only made if the findings of the investigation indicate our gross negligence in taking the necessary measures to secure the safety of the road users. We shall not, at any time, be responsible to all incidents which are beyond our control, particularly on circumstances of which we lack or have prior information on.

Therefore, you may want to notify your insurance company as soon as possible on the incident that may result in a Motor insurance claim. We will not be responsible for any consequences resulting from the failure or omission to notify your insurer.

Kindly be informed that we reserve the right to reject or repudiate any claims made beyond 30 working days from the date of incident and any notification or submission of claims made without producing the complete set of supporting documents.

By submitting your information and documents to us, you hereby confirm that the submissions are true and accurate and you hereby consent to us using, processing, disclosing and transferring such information and documents to parties including but not limited to our insurers, broker, solicitors, loss adjusters & our contractors for the purpose of assessing your complaint/claim (please refer to our Privacy Policy at www.plus.com.myhttp://www.plus.com.my/).

Regards,

Customer Relationship and Sales Dept.
PLUS Berhad

Apparently...the lorry driver also made a police report later when they found that they had 'dropped' a tyre on the highway. Can the lorry company be reprimanded? i know nobody expects an accident but really an accident had occurred from someone's carelessness, the lorry company perhaps could have done more inspections before(they were travelling from Penang to JB).

It look highly likely that my car is totalled...sigh...awaiting adjuster report.

So a word of advise for those travelling highways especially when its a dark stretch...use your High Beam as often as you can to scan the horizon for any objects on the road. You cant be too careful eventhough ur very alert and not sleepy...Oh did i mention this was the 2nd time in 3 weeks that i hit something that came out of a lorry? yes the 1st time quite mild...only chopped a quarter of my AC bumper...

So what are my options ? anyone had this kind of experience before? any recommendations/views etc are much appreciated.

Thanking in advance for feedbacks.

Regards.
 
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Don't think PLUS would compensate you much for your damage. In fact a friend of mine with an e60 had one of his new Michelin tires totally damaged by some metal debris scattered on PLUS highway. Police report was made and he filed a claim to PLUS. He was only compensated RM500 by PLUS whereas the tire cost him RM 1,200.

I think it would be wise for you to get in contact your insurance company and seek their view on the next course of action.

By the way, uncle Vincent Hor was the previous owner of this e38.
 
Thanks foong. Yes herbert. Car was previously vincent's.

Noted on yr advice.
 
U lucky to be alive bro
Car looks like its gonna be a total loss
Thks for sharing
 
Update...

Adjuster evaluated the car and confirmed total loss...awaiting his report and workshop estimation.

the thing is this...i insured the car for RM30k less than 6 months ago and now insurer tell me that the market value for the car is only RM22.5k. For a car of this price this difference is considered huge. if lucky i could probably get compensated up to RM20k only...
 
When you insured for RM30k & the insurance company happily collectd premium on the said insured amount, you should then be entitled to claim the insured value less the amount (the excess clause) if any. There is already a legal precedence 15 years ago in Seremban whereby the car owner took the insurance to court over total loss of his M/Benz. He insured for RM200k whereas the insurance company offered RM150k. The court verdict was in favour of car owner and he got the full RM200k.
 
Thanks Herbert for this piece of info.

That was my argument with the insurer lady exactly...but as usual they push the blame to the agent who did the paperwork...but i argued ultimately it will be at the insurer"s call to determine the sum insured accr to mkt value...if now after an accident they rely on mkt value so much why not when time of renewal? So in reality if we go ahead with the amount means my car depreciated about RM7.5k from RM30k to RM22.5k in a matter of 6 months...
 
No point debating the issue with the insurer. Go and seek the opinion from your friendly solicitor.
 
Nevets, Damage is so intensive, glad you came out with minor scratches only. As always, there is a trade off. Sorry to hear that the adjuster has confirmed her as a total loss. It might be better this way to let her go as a hero!

Just a side topic, since we are on the topic of insurance, I understand Insurance companies such as Allianz insures with "Agreed Value" instead of "Sum Assured" which pays the full amount of the "Agreed Value". Anyone had claim the "full agreed value" before or was also taken a ride by Allianz?
 
Thanks f10. Yea ur right, she saved my life all right and goes out as a heroine...dont know bout alliance but im insured w axa affin...afaik,there shouldnt be much difference betwn companies otherwise everyone will pick the best offer...
 
If it a total loss, can you savage some valuable part as compensation for your depreciation?
 
Jarance, once total lost confirmed, the car belongs to the insurance Co. Don't think you are legally allowed to salvage as photos have all been taken and submitted to the insurance Co. Not worth for the claims to be totally rejected.
 
but i heard you can actually put in a tender for the car...say la u want to swap some stuff due to sentimental reasons etc whatever excuse la,,,
 
interesting.... Nevets, if you do it, please share. My friend totalled his car and he wanted to take back his steering. hahaha.
 
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