Re: Need help with insurance claim
Honestly, after I read all the comments and seem like there are many different point of views, both negative and positive, I do appreciate all the inputs.
Exactly to most bro's comment, I will like to seek some legal advice. I am willing to pay for reasonable consultation fee. I'm here to see if there is any lawyer or lawyer friends that can be intro to me, best if ever had similar situation. At least I though this will be one step closer than to look for a right lawyer without a basis.
I tried searching under small claim tribunal and seems not the right avenue to go.
With regards to the incident, I try to give my details so as not to mislead anymore reader of my intention.
My speed was reasonable, 60km/h. The weather and traffic was clear. The incident happened around 8pm. I am still keeping the brick, it is very big piece of brick.
I guess the best reaction anyone can get to, or at least me, when seeing a big brick within a headlight's throw distance is to avoid than to jam brakes, thus i think my speed upon impact is still 60km/h.
I am not blaming on the brick.
My point actually was about the poor lighting condition due to the malfuction road lamp as I thought road lamp is suppose to keep the road well lited for safe travelling and due it's malfunction, it had created an unsafe situation where I happen to ran over the brick as I can't see any soon enough.
About keeping a safe lookout, I tried, trust me. I have my wife and 2 kids in the car and I'm driving with lots of care.
The road was actually a small "flyover" over a river with elevation going upwards on the first half, then downwards on the second half. The location of the malfunction road lamp happened to be the first on the second half of the bridge, which mean only when your car reaches and pass the peak height of the road, then you will be able to detected that the road was not lited and suddenly you saw this big brick there and you shout to your wife to hold the kids and you try to steer the car away...... Its hard to explain how the elevation of the road surface and the area of light throw is suppose to be, vs the location of the brick... but I don't look at road lamps when i drive, I look at the road.
I did took pictures of the malfunction road lamp to proof that it was really not working that night. I also took pictures of the position of the brick on the road in relative to the road lamp and how dark the road was without the lamp working.
So in the end what am I trying to prove?
Well, I am trying to find out that if the authority that have responsibilities over the road lamps, that are suppose to keep the street well lited for safe travelling and where in this case, the lamp did not, have got any liability over the case.
For sure I know, I have no libility and had did nothing other than driving my family to supermarket for grocery shopping, that had caused the incident.
Can’t imagine if a biker had hit that bricked instead…