A Palm Oil Lorry Tanker Crashed Into Your House Can We Claim Fire Insurance?

Plunging palm oil lorry tanker crashed into the front portion of the house causing severe impact damage to the hall, situated beside the main road, whom to claim for impact damage? Nowadays, commonly seeing your house crashed by road vehicle, it highlights in the daily newspaper.

What is Impact Damage?

Impact Damage defined as, Loss of or visible physical damage to home, with the  or destruction caused to the property insured, due to impact by any Rail/ Road vehicle or animal by direct contact not belonging to or owned by

a) Insured or any occupier of the premises or

b) Employees while acting in the course of their employment.

On my way to Johor Bahru via the country road instead of NS highway, enjoying the clean and fresh air drive along the row of green oil palm plantation dotting a skeleton of Felda scheme houses along the way.

“Bang….Bang….Bang” Startling to hear a loud voice disruption the echoed silent of scorching sultry afternoon.The loaded tank full of palm stearin had rammed downhill into a house, carpeting the whole front hall yellowish and spilled onto the ground.

Curiously dashing out from the kitchen, a retiree couple clad into their “sarong” trying to investigate the outcome, I too dashed down to help to pull out the driver that stuck in the driver seat, suffered a minor injury with the bruise on the hand and forehead, dumbfounded and speechless. Advising, the driver to lodge a police report, consequently, soon the venue gathered with people, after brouhaha, nobody had an idea how to handle the situation.

To Whom Can We Claim

Now, the main question here was as to whom we shall claim for the impact damage to the house. I had asked so many people in the seminar or even at the scene.

“Claim from the lorry insurance?” All replied me such an answer, similarly, for the elder couple’s son too.

“Can you show your house fire insurance, please? I asked the son. Examined closely the detail of the coverage, I assisted him to call the insurer’s adjuster to survey the hall damage to ascertain the loss of the property.

To their dismay, ” why not claim the lorry insurance i.e. thirty party claim.”  Yes, indeed, it is logical to file a third party-claim.

Third party claim

The cons

• How long to wait for the thirty party claim?
• Why enrich the lawyer’s pocket?
• Do you know when the motor adjuster will finalize the accident report?
• To what extent can we claim the emotional damage?
• It is time-consuming to attend the court hearing postponed one after another.
• Can you afford to keep on applying for unpaid leave?
• Not afraid you house being burglar into? You prefer to wait for 3 months or 2 to 3 years to reconstruct your house.
• Cover the shortfall after deduction 20% of the legal fee. If the insurer pays you $100 000 to reinstate the hall, Can you make up another $20 000.00 shortfalls to rebuild the damaged property?

Fire or Homeowner Insurance

Having a house owner or fire insurance with an extent of impact damage excluding insured’s own vehicle, you claim directly with the insurer submitting the original police report, photograph before and after damage, and of course the plan and construction bill. If your house adequately insured, no average will apply, you will reimburse fully.

After you sign the subrogation claim letter, let the insurer deal with the faulty party rampage your house. It solves all your teething problems and subsequently saves a hefty amount of litigation fee.

The following episode, the same insurer, the same occupations, with  2 different agents, 2 different treatments, will unfold.

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