Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collision'

[Cruxx]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

That's how all insurance companies operate. You make a claim, they'll try their darndest best to legally deny you that claim.

And rightly so. Paradoxically, the more selfish people and corporations are, the better society will become.

 

[Mdm Tang]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

Therefore i cannot be ven

u are still Ven . i think They have already hidden it somewhere ...

 

[Mdm Tang]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

.



http://www.sammyboy.com/showthread.php?120164-Singapore-Ferrari-Accident-does-crime-pay




Singapore Ferrari Accident: does crime pay?



Hospital/ Insurers not recovering compensatory costs from Ma Chi's

(>S$3.4M) estate would be admission that crime in Singapore does indeed 'pay


PS: written from layman POV cos I'm not a lawyer.

Legally speaking, should Ma Chi's family really receive S$1.82Million compensation for causing fatal 'accident'?

In regard of 'PRC Ferrari driver runs red light, involving taxi and motorcycle in fatal accident' [STOMP, 13May2012], it has been suggested if not proven that at the point of impact, the Ferrari driven (and owned) by Ma Chi was traveling at 140 (+/-30)kph ('Ferrari crash: Physics teacher calculates that sports car was speeding at 140km/h' [STOMP, 17May2012])/ [YouTube:Singapore Ferrari Taxi Crash Enhanced HD Footage], far in excess of the 50kph speed limit typical of Singapore city roads, this in itself constitutes a serious and inexcusable traffic offense even if in defense, Ma Chi's legal team might deflect blame on the traffic lighting system for his fatal error in judgement. It could well also be argued that but for Ma Chi racing his Ferrari at such obscene speed and ignoring the traffic signals, the said accident would not have occurred.

So was it indeed an 'accident' or an act of 'terrorism'- the act being actually an act of road terrorism.

The reason for the necessity to use this odd classification of 'road terrorism' is due to the fact that from my perusal of the private car insurance [website] 'terms and conditions' [pdf] of NTUC income motor insurance (as an example of a typical car insurance company/contract), with " Page 4: GENERAL EXCLUSIONS> 1. Driving and Use> This Policy does not insure any accident, loss, damage, injury or liability where any motor vehicle in respect of which this Policy provides indemnity is:...
(c) being driven by anyone whilst under the influence of intoxicating liquor or drugs or medication" being the nearest in application to the fatal 12May2012 Bugis junction accident- which in fact fails to excuse the insurer from compensating Ma Chi's estate S$1.8M goven that 'Police: PRC Ferrari driver Ma Chi (马驰) did not consume alcohol before accident' [TT, 17May2012].

According to 'State media defends PRC Ferrari driver Ma Chi: He is not a ‘heavy drinker’ and has applied for Singapore PR' [TT, 14May2012], “Mr Ma’s wife,.. told Wanbao .. the Ferrari was a $1.8 million limited edition car that he bought for his 30th birthday last year”- the compensation for death to the driver by NTUCincome is $20k, would the insurer be liable to compensate Ma Chi's estate $1.82M.

That said, the 3rd party victims including the families of deceased taxi driver Mr Cheng Teck Hock and his passenger remain entitled to compensation according to NTUC of up to $5M in total.

Ma Chi's passenger, "(Ms Wu Wei Wei) was seriously injured in the three-vehicle crash that has claimed the lives of three people so far" ('Ferrari Crash - Mystery Woman is pte "student" who moonlights at naughty KTV' [A1news, 16May2012]), again presupposing an insurer such as NTUC, would only be responsible for "SCOPE OF COVER> SECTION III – MEDICAL EXPENSES> We will pay you, .. or passenger up to S$300 for reasonable medical expenses incurred by each person who is injured whilst in the Insured Vehicle...", begs the question of who would eventually bear the costs of her hospitalization.

It is thus my suggestion that perhaps either the insurer of the Ferrari note the loopholes in its insurance policy and if Ma Chi's family presses for compensation regarding damages to the Ferrari, press counter charges against Ma Chi for 'road terrorism' (flagrant disregard for the law) to dissociate itself from 1st party compensation and to reclaim compensation to 3rd parties such as the taxi driver and his passenger and other victims in the accident.

“Mr Ma’s wife, known only as Madam He, told Wanbao that her husband had bought a $3 million condominium in the East Coast and a $400,000 BMW. The Ferrari was a $1.8 million limited edition car that he bought for his 30th birthday last year.” [TT, 14May2012].

The public hospital to which Ms Wu is warded should also seek guarantees of payment from Ma Chi's estate for her payment of her medical bills given that an insurer such as NTUC income might only wish to cover $300 of these expenses- using his the illegality of his driving speed and methods as reason to cover for the hospitalization cost incurred in treating his passenger.

It would be travesty for Ma Chi's family to receive S$1.82M consequent to the accident as motor insurance should only cover genuine, unintentional 'accidents' and not Ma Chi's form of road terrorism (street racing and other criminal activities) for which all liabilities of the insurer ought be reclaimed from Ma Chi's estate- failure to do so would simple add to the insurers losses and predictably, an increase in premium for all other bonafide members since motor insurance is compulsory in Singapore.

Ma Chi's disregarded the traffic rules and laws of Singapore and treated it like a gangland paradise. For this, the Ma Chi's estate (BOTH China AND Singapore) must IMMEDIATELY be frozen in lieu of claims by either the insurer or the public hospitals for the damage that Ma Chi caused in flagrant disregard of the law.

Singapore's 'first class political leadership and judiciary', please do something about this, far too many times have foreigners on criminal charges gotten away scot free 'Kiwi bail jumper won’t return to S’pore to face charges' [YahooNews,30Dec2011], 'Two Romanian ‘foreign talents’ allowed to jump bail again' [TT, 18May2012].

PS: Pls note that I do NOT know who the insurer of Ma Chi's Ferrari is. Any reference to NTUC income insurance is only for the purpose of example since NTUC Car insurance seems to be a typical choice of Singaporeans from my anecdotal observation(s).

 

[Mdm Tang]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

.


FT (Ferrari Talent) Ma Chi leaves behind estate of $8.1 million


http://www.sammyboy.com/showthread....t)-Ma-Chi-leaves-behind-estate-of-8-1-million

 

[Mdm Tang]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

Bros, why AXA refused to pay Ma Chi's Estate???

like that dead taxi uncle and jap passenger how ???

 

[Conqueror]

Insurer Intends To Recover 3rd Party Payouts In Ferrari Crash

Insurer Intends To Recover 3rd Party Payouts In Ferrari Crash
By Alvina Soh | Posted: 04 September 2012 1902 hrs


SINGAPORE: Insurance company AXA Singapore has said it intends to recover from the estate of deceased driver Ma Chi whatever payouts it makes to victims involved in the Ferrari crash in May.

This is on top of its decision to reject any liability it has to offer a payout to Ma's estate.

The accident saw Ma, a China national, allegedly running a red light and colliding with a taxi, which then crashed into a motorcycle.

Three people died from the collision.

They included Ma, taxi driver Mr Cheng Teck Hock and his passenger Ms Shigemi Ito.

Ma Chi's wife and mother took AXA Singapore to court after the insurance company said it was withdrawing coverage of the fatal incident.

Channel NewsAsia understands that the cost of the payout is equivalent to the cost of a brand new Ferrari 599 GTO, which is worth about $1,539,200.

Under the law here, all road traffic victims who are injured or fatally injured by motor vehicles on public roads would receive the appropriate compensation.

But AXA Singapore, which is represented by United Legal Alliance, explained that the collision was not considered an "accident" under its insurance policy.

Its lawyers highlighted that Ma had driven the car "at an extremely excessive speed, far above the road speed limit of 60km/h."

They also noted that Ma failed to stop at the junction despite the lights showing red, failed to stop or slow down to avoid the collision, and collided into the taxi resulting in the taxi hitting a motorcycle.

The defence counsel claimed that Ma's conduct was "so clearly reckless and dangerous that it was not a risk intended to be covered under the insurance policy."

They also argued that Ma was "doing an act which he knew or ought to have known was courting imminent death to himself and others."

The insurance company added that "the collision was highly probable, forseeable and to be expected."

According to AXA Singapore, this means that any deaths or injuries in the collision was not due to "an accidental means" under its policy.

Ma was not drunk at the time of the deadly crash, according to a Health Sciences Authority report.

Channel NewsAsia understands that none of the third party victims - Mr Cheng Teck Hong, Ms Shigemi Ito, Ms Wu Weiwei, who was in Ma's car, and motorcyclist Mr Muhammad Najib Ghazali, have made any claims against AXA Singapore at this point.

AXA Singapore said that it is prepared to pay compensation to third party victims even if no judgment has been entered against Ma's Estate, "subject to Ma Chi's Estate agreement or the Court's direction."

But it added that it intends to recover the claims from Ma's estate with its counterclaim.

AXA first informed the Ma family of its decision to reject liability earlier this year.

Shortly after, the family stated that they disagreed with AXA's position.

A spokesperson from AXA Singapore said that the counterclaim is a standard process in the case of a repudiated or voided policy.

A pre-trial conference is expected to take place in October.

- CNA/de

 

[Mdm Tang]

Re: Insurer Intends To Recover 3rd Party Payouts In Ferrari Crash

Thanks , Bro.


I now worry for Vehicle Owners Insured with AXA :(

 

[koala]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

AXA should not payout, else it'll be encouraging speeding with killer machine like ferrari on the road with no regard for others. Ma Chi deserved to die and his family should also compensate all dead and injured caused by his reckless act. AXA is absolutely right!

 

[koala]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

Between Ma Chi and Insurance company, I will side with Ma Chi.

I will side with AXA. We should not condone speeding with a killer machine. It's obviously Ma Chi's fault (he was not drunk some more!!) so why should AXA pay? The way he drove can be considered action with murder intent! His family should also pay for all the dead and injured caused by him.

 

[Jlokta]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

I will side with AXA. We should not condone speeding with a killer machine. It's obviously Ma Chi's fault (he was not drunk some more!!) so why should AXA pay? The way he drove can be considered action with murder intent! His family should also pay for all the dead and injured caused by him.

Welcome Koala.

Frankly I don't give a flying fuck if Ma Chi's family gets paid.

I'm more interested if the cab driver's family get the payout.

 

[hairylee]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

Look at the big picture.
Ma Chi is the lesser evil compare to these slimmy insurance corporations.
They are riding on the public sentiment against Ma Chi to save on their payouts and protect their own bonuses.
They even have the gall to sue Ma Chi estate to pay the victims family.
All Ferrari drivers already paid a higher than normal insurance premium because their speeding risk. This is the risk insurance company were paid to bear.
If AXA are paying you people for supporting them, then by all means I am with you people.

 

[Conqueror]

Don't Be So -ve Lay

Ma Chi is the lesser evil compare to these slimmy insurance corporations.
They are riding on the public sentiment against Ma Chi to save on their payouts and protect their own bonuses.

If AXA are paying you people for supporting them, then by all means I am with you people.

Wah, you very negative lay. No, all insurance here must pay 3rd party victims whether the driver is at fault. Insurance companies will 'lun lun' (LL) and pay victims normally. After that, they will go after those drivers who failed to qualify for the payout. Insurance know that most drivers are not rich, so LL again.

 

[Conqueror]

Ferrari Fast And Furious

Welcome Koala.

Frankly I don't give a flying fuck if Ma Chi's family gets paid.

I'm more interested if the cab driver's family get the payout.

Have lah. I think they should have already received it by now.

 

[Conqueror]

Re: Insurer Intends To Recover 3rd Party Payouts In Ferrari Crash

Thanks , Bro.


I now worry for Vehicle Owners Insured with AXA :(

No, all insurance companies should do the same. AXA is okay, I think. Maybe the law protects the victims.

 

[scbccb]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

The YouTube video showed that the deceased beat the red light at high speed?

If there is video as evident to prove the deceased was a reckless driver, insurance company may have a case.

 

[cunnilaubu]

I think AXA has a case. The court should use this case to send a strong signal that such irresponsible and reckless behavior cannot be condoned.

 

[Narong Wongwan]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

MaChi burn in hell! Got sinkie go to accident site to pray for lucky numbers? Must go same time as the time of accident. Heng Heng huat ah!

Maybe can find some of MaChi's bone fragments go Thailand find master make him as kumantong 鬼仔

 

[Mdm Tang]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

AXA should not payout, else it'll be encouraging speeding with killer machine like ferrari on the road with no regard for others. Ma Chi deserved to die and his family should also compensate all dead and injured caused by his reckless act. AXA is absolutely right!

koala, u sign in for this thread?
but , what if M C family estate go
for broke ? they might just spent all
the estate funds of $8m on legal fees.
AXA still get nothing .

 

[blackmore]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

koala, u sign in for this thread?
but , what if M C family estate go
for broke ? they might just spent all
the estate funds of $8m on legal fees.
AXA still get nothing .

Probably that the intent of AXA, they can afford to loose 8m on litigation fees just to prove a point in this case for intention. Since it was declared that MC was not in anyway intoxicated clearly states intent just to show off. They could not care less if MC family goes broke in the process as a result of the liquidation.

Frankly its the widow who has to clean up the mess cause by MC negligent act.

 

[Mdm Tang]

Re: Ma Chi's family sues insurers AXA after they withdraw coverage for deadly 'collis

I think AXA has a case. The court should use this case to send a strong signal that such irresponsible and reckless behavior cannot be condoned.

.

SINGAPORE: Insurance company AXA Singapore said it will expedite payments to third party victims involved in the Ferrari crash in May.

The insurer said this in a statement on Tuesday.

So far, the only payment has been made in the case of Ms Wu Weiwei, the female passenger in the Ferrari belonging to Mr Ma Chi, who was among three people killed in the crash.

Channel NewsAsia understood that lawyers acting for Ms Wu have claimed an interim payment for her hospitalisation bills from AXA.

AXA said it also sent letters on September 26 to the other victims - Mr Muhammad Najib Ghazali and Estates of both Mr Cheng Teck Hock and Ms Shigemi Ito - inviting them to submit their claims.

AXA, which is represented by United Legal Alliance LLC, said it will go ahead and make these payments to third party victims before a court judgement is made so that they don't have to wait too long for payment.

In a written statement, AXA also defended its decision to reject claims made under the vehicle's policy.

It disagreed that "poor traffic conditions" were to blame for the crash, which was the argument put forward by the lawyers for the family of Mr Ma.

Lawyers from Drew & Napier LLC, who are representing Mr Ma's family, blamed "poor traffic conditions" and "surroundings" at the road junction at the time for the crash.

They also criticised AXA's decision to reject claims made under the vehicle's policy.

Responding on Tuesday, AXA described the argument as "unreasonable".

It maintained its stance that it was "an extreme case sitting far beyond the risks that motor insurance policies cover".

It said "a reasonable and prudent driver, when faced with poor traffic conditions or surroundings, would slow down", and added that the "extremely excessive speed of the Ferrari would render all normal city road conditions unsafe".

- CNA/fa