Motor Vehicle Accident Case Law – Malaysian roads are full of dangers and even if you drive carefully, someone will drive recklessly and put others at risk.
For this reason, the Malaysian government introduced the Road Transport Act 1987 to protect road users and vehicles. The law, enforced by the Ministry of Transport, the Road Transport Department and the Royal Malaysian Police, aims to prevent accidents caused by careless and reckless driving.
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Despite the efforts made by the authorities to make roads safe, the number of road accidents that occur every year remains alarming. Malaysia recorded 418,237 road accidents and 4,634 accidental deaths in 2020 alone. As a result, around 13 people died every day in 2020 due to unsafe driving.
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Whether a traffic accident results in loss of life or not, its consequences are not that important. Even if you are not at fault in a car accident, you should go to the police station and notify your insurance company. In addition, you will not be able to use your vehicle while it is being repaired. Even worse if you get hurt.
We can conclude that being involved in a motorcycle accident is a frustrating and time consuming experience to say the least.
If you are unfortunate enough to be involved in a traffic accident, what should you do? The following is a comprehensive explanation to help you prepare for unexpected events on the road.
First, don’t panic and stay calm. Check yourself, your fellow passengers and the other party for injuries. If you see someone who needs medical help, call 999 immediately to ask for help.
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Your car must not block the road. If this happens, it must be moved safely. Oncoming drivers may not be able to see that you have stopped. Keeping a safe distance from other vehicles reduces the chance of a traffic jam or other collision.
In the event of an accident with another driver, both must go to the side of the road. It is important to use your hazard lights and warning triangle even after pulling over to the side of the road.
If you encounter an angry mob or a bully harassing you, don’t get out of the car and instead go straight to the police station. The law prohibits street harassment, so if you fear for your safety, you should go to the police station immediately and file a report.
Once you’ve determined it’s safe to get out of your car, carefully evaluate it for damage. Discuss any damage to both vehicles with the other party. Remember to be polite, not to argue, admit guilt or sign anything.
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You should always take photos of the accident scene and damage to all vehicles involved where possible. These photos are an important addition to the police report.
It is crucial to record the personal details of all drivers involved in the accident as this speeds up the process of filing police reports. If the other party decides to commit a hit and run or refuses to report it, you are protected and can make a claim against their insurer.
Call your insurance company or insurance agent immediately if you notice that your vehicle is not drivable and needs towing. The insurance company will ask you a few simple questions about the accident and arrange for a tow truck to go to the scene and tow your car to the nearest body shop.
If your car is still wrong, go to the nearest police station to file a report before going to the nearest panel workshop.
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Beware of trailer scams. You will often see people contacting you from anywhere at the accident scene and suggesting a workshop to fix your car quickly and cheaply. Sometimes they offer towing service. It is best not to entertain them as they may charge you exorbitant towing fees or overcharge you for repairs.
If you have an insurance policy, we offer free 24-hour roadside assistance in case your car breaks down or is involved in an accident. Contact our hotline at 1 800 88 3833 and someone will help you right away. You can also download our One Touch mobile app to your phone. With the One Touch app, you can find your nearest panel workshop and request help with one click of the SOS button.
To file a report, go to the nearest police station with a traffic department. This must be done within 24 hours of the accident, unless there is a valid reason that can be supported by an official medical report (such as hospitalization or treatment for your injuries). Police call may be different. By filing a police report, you protect yourself from unexpected third-party motor vehicle or personal injury claims.
As part of the process, you must provide details of the accident and any other evidence. After the police investigation, a summons will be issued to the erring person. Be sure to get a certified copy of the report, as you may need it if you file an insurance claim.
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If your car is damaged, you can negotiate with the other driver or submit an insurance claim.
If you decide to file an insurance claim, you have two options, depending on your insurance coverage: you can claim directly from a third-party insurer or expedite the process through an OD KFK (Own Damage Knock-for-Knock)- demand after start.
OD KFK claim is a hassle-free way to claim from your own insurer and there is no need to deal directly with a third party insurer. An OD KFK claim also protects your NCD (except in certain scenarios) because you were not at fault. NCDs are the car insurance deposits you receive if you or a third party make no claims under your policy. They can significantly lower your annual premiums.
However, to ensure a successful claim without affecting your NCD, you must provide your insurer with additional documents such as third-party police report, police investigation report and police sketch plan.
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After you file a claim, a loss adjuster or investigator will inspect your vehicle. After the damage and the repair costs have been determined, the insurer will let you know how much you can claim.
If the loss is minor and there is no physical injury, most people prefer to settle privately with the other party instead of making a claim with their insurer and lose their no-claims discount (NCD).
Depending on the severity of the damage, the other party may file an OD KFK claim with their insurer or a third party property damage (TPPD) claim with your insurer. You can also submit your own damage claims to your insurer if your car is damaged in an accident, but you may lose your NCD.
If you are involved in a fender bender, even if it is a private contract, it is a good idea to notify your insurer, no matter how minor the accident. Doing so can protect yourself from the other driver driving around suing you for personal injury or property damage.
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Disclaimer: This blog post is strictly for informational purposes and should not be construed as advice of any kind. DISCLAIMS ALL LIABILITY FOR DAMAGES ARISING FROM RELIANCE ON INFORMATION IN THIS ARTICLE. At Gowing Law we specialize in personal injury claims such as road traffic accidents, workplace accidents, pedestrian accidents, accidents in public, medical malpractice, medical negligence, etc. Product liability claims, beauty and cosmetic claims, Scottish claims and Polish claims.
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