Ferrari crash
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Whatever the verdict, all motorists will be affected in one way or another.
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Why AXA withdrawing coverage for Ferrari crash
By Sujin Thomas
He had been speeding in a part of town which was built-up, and where traffic was to be expected at all hours. He also failed to stop at the traffic lights, which had been red for a \"significant\" period of time.
These are some of the reasons why the vehicle insurer of Ferrari driver Ma Chi, 31, is withdrawing its coverage for the crash in May, which left three dead.
The reasons were outlined in a defence and counter-claim filed in the High Court on Monday by lawyers acting for AXA Insurance Singapore.
The document said: \"Ma Chi was doing an act which he knew or ought to have known was courting imminent danger to himself and others.\"
The crash, it added, was \"highly probably, foreseeable and to be expected\".
In the counter-claim, the insurer's lawyers said that the incident was due to a \"collision\", not an accident.
In the insurance industry, this means that the driver was aware that his actions would cause an accident, thereby voiding the insurer's liability to make a payout.
It also stated that amounts from claims made for those injured or killed in the crash should come from Mr Ma's estate.
On May 12, Mr Ma allegedly beat a red light and crashed into a ComfortDelGro taxi, which then hit a motorcycle at the junction of Rochor Road and Victoria Street.
Mr Ma, a financial investor from Sichuan, died at the scene while cabby Cheng Teck Hock, 52, died in hospital along with his Japanese passenger, Ms Shigemi Ito, 41. Both the motorcyclist and a female passenger in the Ferrari were injured.
According to a Health Sciences Authority toxicology report dated June 5, Mr Ma had not consumed alcohol before getting behind the wheel.
AXA first informed Mr Ma's family of its decision to repudiate its liability in July. Last month, the family - through its lawyer, Mr Wendell Wong- filed a suit asking the High Court to rule that the crash was indeed an accident.
[email protected]
http://motoring.asiaone.com/Motoring/News/Story/A1Story20120905-369594.html -
I just feel very sorry for the wife and children. They will likely end up broke as a result of his stupidity.
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nms1:
I just feel very sorry for the wife and children. They will likely end up broke as a result of his stupidity.
more than 1 victim involved -
Ma family now have to pay all, not just taxi driver.
AXA is wise.
otherwise in future, if similar Ma case(s) repeat and AXA is held liable for insurance, she can go bankrupt. -
Ma’s estate may have the money to fight. But let’s say Ma is a poor guy and the insurance refuses to pay…what will happen to all the victim?
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verykiasu2010:
this is scary. so next time, once insurance can say that there is no safety distance or speeding, then they are not liable! but that is the purpose of insurance!Why AXA withdrawing coverage for Ferrari crash
The document said: \"Ma Chi was doing an act which he knew or ought to have known was courting imminent danger to himself and others.\"
http://motoring.asiaone.com/Motoring/News/Story/A1Story20120905-369594.html -
Nebbermind:
Ma's estate may have the money to fight. But let's say Ma is a poor guy and the insurance refuses to pay...what will happen to all the victim?
Whether rich or otherwise, what he did is unacceptable and morally wrong,(speeding and beating red lights) so why should he be paid for his own reckless actions ?
If fact I think this outcome will send the right msg to other reckless drivers that the consequences of this will be dire, and it also indirectly affects your own family members.
Nebbermind, sorry misinterpreted your question about the victims.. ok, I believe for a poor family living from hand to mouth , AXA will make some provisions to pay the victims. Perhaps this case, they think the Ma family is financially capable of doing that. (My guess only) -
verykiasu2010:
Just thinking aloud my doubts... :?Nebbermind:
Guess every driver will be watching this. If cannot claim against the reckless party, which usually is the cause of road accidents, then who can other road users such as pedestrian claim against?
I think what the insurance company is trying to do is to distinguish this case of blatant speeding from those harder to prove cases. This Ma Chi case with the video evidence if paid out by AXA would set a precedent that EVERY speeding accident case will be payable and is morally wrong in the first place, and will cause insurance premium to spiral upward out of control
so the victims claim from the insurance and then the insurance claims from the driver??
Or is it the victims have to claim directly from the driver's family?
What if the driver is say bankrupt? Who can the victims claim from? Even if the driver's family is not bankrupt, is the onus on the victims/ their families to get into a legal battle with the driver's fAmily? :shock:
Surely the insurer has some responsibility ?.. -
winchester:
I feel unreasonable for the insurance company to say this.
this is scary. so next time, once insurance can say that there is no safety distance or speeding, then they are not liable! but that is the purpose of insurance!verykiasu2010:
Why AXA withdrawing coverage for Ferrari crash
The document said: \"Ma Chi was doing an act which he knew or ought to have known was courting imminent danger to himself and others.\"
http://motoring.asiaone.com/Motoring/News/Story/A1Story20120905-369594.html
Every accident, there is always a fault with one of the party. If not there wouldn't be accident. If all insurance company don't want to pay and push it to our FAULT!!.
Than buy insurance for what?
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Lilac66:
Insurance for a car is not just to cover the driver but also the victims. After all it is necessary to have it otherwise the car cannot be on road. The insurer should be liable . to leave it to the \"goodwill'\" of the insurance co is not wise. Whatever loophole /legality the insurer wants to make they should do with the Driver.Nebbermind:
Ma's estate may have the money to fight. But let's say Ma is a poor guy and the insurance refuses to pay...what will happen to all the victim?
Whether rich or otherwise, what he did is unacceptable and morally wrong,(speeding and beating red lights) so why should he be paid for his own reckless actions ?
If fact I think this outcome will send the right msg to other reckless drivers that the consequences of this will be dire, and it also indirectly affects your own family members.
Good message but at what cost to the victims?
Nebbermind, sorry misinterpreted your question about the victims.. ok, I believe for a poor family living from hand to mouth , AXA will make some provisions to pay the victims. Perhaps this case, they think the Ma family is financially capable of doing that. (My guess only)
Talking about morals , how does it make moral sense for the victim's family , who are already devasted by their loss, to have the strength to fight the driver or have the means to do it. Very wrong IMHO.
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