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> Yet Another Car Accident, Best Practises, FAQ Serious Talk

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TScarloz28
post Aug 13 2011, 04:54 PM, updated 15y ago

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Ok, the story goes like this...Recently I was involved in a car accident.

I stopped behind the truck at the traffic lights and then all of sudden the car behind rear ended my car as a result my car hit the truck in front.
This bozo of a driver came out and apologized claiming he was sleeping while driving, hence the accident. Both bumpers, bonnet and boot are gone case. Engine unscathed.
Damage estimated at RM7K.


Contact details exchanged, snapped some photos and he said he will proceed to lodge a police report and promised to cover my losses. The truck in front escaped with minor damage so the driver said he will overlooked it.

Fine, went to this Jabatan Polis Trafik in Petaling Street and lodged my report.

Later found out that this bozo have an expired road tax with no insurance coverage. I have sent my car to the authorized service centers while awaiting specific repair orders, knowing the fact that most likely i will claim the expenses from my insurance company since the bozo's car wasn't insured at all.

OK, now the million dollar question.

1) How can I retain my NCB discount after making claims? Is there a way to ask the insurance company to overlook it since it wasn't my fault.

2) Up to date, the bozo hasn't make any police report, and eventhough he verbally agreed to pay my losses, he hasn't been responsive at all. I got his address, car plate, contact number and etc. Planning to engage a lawyer to sue his muthaf***in ass but what will i gain from doing this.

3) My plan is to lodge another hit & run report against the bozo.

At minimum, this bozo should have compensate my repair expenses (only betterment fee for spare parts )and NCB losses. But from the looks of it, he plans to go AWOL on me.

WHAT WOULD U DO IF YOU WERE IN MY SHOE?

Advise please.

This post has been edited by carloz28: Aug 13 2011, 05:00 PM
SUSslimey
post Aug 13 2011, 04:58 PM


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good that you have all the details on him plus photos

action ar........depends on what the insurance covers lo......
katsumoto2011
post Aug 13 2011, 05:01 PM

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got his face photo ???

post it at /k/ , we may run into him someday
daijoubu
post Aug 13 2011, 05:04 PM

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I'd say, send a lawyer letter to him giving an option, either for him to pay him the repair fees (without claimin your insurance), or go to court and get sued, and possible lose much more.
arturo_bandini
post Aug 13 2011, 05:05 PM

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QUOTE(carloz28 @ Aug 13 2011, 04:54 PM)
Contact details exchanged, snapped some photos and he said he will proceed to lodge a police report and promised to cover my losses. The truck in front escaped with minor damage so the driver said he will overlooked it.
some photos only? got his face with his car? better, his face + his car + your car...

or else, later he said never even drove the car ever since road tax died; never met you; don't know how you got his details; his car is all OK (quickly repaired already). tough to argue...

you know malaysian police quite lazy ma...

Mackiddo
post Aug 13 2011, 05:05 PM

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your only option is to engage a lawyer and sue him. Since the damage is quit a lot, i'll advice you to sue him. The lawyer could advise you better. They is no way your insurance company will leave your NCB untouched after you claim from them.

This post has been edited by Mackiddo: Aug 13 2011, 05:07 PM
yeezai
post Aug 13 2011, 05:08 PM

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QUOTE(carloz28 @ Aug 13 2011, 04:54 PM)
Ok, the story goes like this...Recently I was involved in a car accident.

I stopped behind the truck at the traffic lights and then all of sudden the car behind rear ended my car as a result my car hit the truck in front.
This bozo of a driver came out and apologized claiming he was sleeping while driving, hence the accident. Both bumpers, bonnet and boot are gone case. Engine unscathed.
Damage estimated at RM7K.
Contact details exchanged, snapped some photos and he said he will proceed to lodge a police report and promised to cover my losses. The truck in front escaped with minor damage so the driver said he will overlooked it.

Fine, went to this Jabatan Polis Trafik in Petaling Street and lodged my report.

Later found out that this bozo have an expired road tax with no insurance coverage. I have sent my car to the authorized service centers while awaiting specific repair orders, knowing the fact that most likely i will claim the expenses from my insurance company since the bozo's car wasn't insured at all.

OK, now the million dollar question.

1) How can I retain my NCB discount after making claims? Is there a way to ask the insurance company to overlook it since it wasn't my fault.

2) Up to date, the bozo hasn't make any police report, and eventhough he verbally agreed to pay my losses, he hasn't been responsive at all. I got his address, car plate, contact number and etc. Planning to engage a lawyer to sue his muthaf***in ass but what will i gain from doing this.

3) My plan is to lodge another hit & run report against the bozo.

At minimum, this bozo should have compensate my repair expenses (only betterment fee for spare parts )and NCB losses. But from the looks of it, he plans to go AWOL on me.

WHAT WOULD U DO IF YOU WERE IN MY SHOE?

Advise please.
*
1) after you claim your NCB return to 0 ...no discount next yr
2) the fellow will kena a 300rm saman if he no repot ...
zeist
post Aug 13 2011, 05:11 PM

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Claim your own insurance and lodge a police report against him. He will get his license suspended for 1 year at least.

But sure drive without license again.
andrewhtf
post Aug 13 2011, 05:16 PM

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sue the f*cker!!!!
TScarloz28
post Aug 13 2011, 05:28 PM

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Thanks for the input.

Looks like lawyer is the best option.

Then again what would i gain from seeking legal action against him? I'm afraid the time and money i spent on legal action far overweighs the compensation I get from him.

Seriously, I really dun want to meddle with my insurance. the NCB discount could save me thousands of ringgit in the long run.

But I'm not gonna fork out than 7K out of my own pocket, isnt it? (coz i need to get my car back first thing on the list!)

LESSON to you all who got into car accident, MAKE SURE the other bozo's car has a valid road tax and insurance.

This post has been edited by carloz28: Aug 13 2011, 05:29 PM
SUSedwardstevens
post Aug 13 2011, 05:31 PM

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report pulis as hit and run

insurance claim as OD-KFK

but since the dude insurance is expired, u have to ask your insurance first
duckhole
post Aug 13 2011, 05:32 PM

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if he doesn't report within 24 hours after the accident and you did, it is considered hit and run already automatically. he will kena saman for sure. and your insurance company will cover fully for you since you paid for the insurance and it was not your fault.
sweeann
post Aug 13 2011, 05:34 PM

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QUOTE(zeist @ Aug 13 2011, 05:11 PM)
Claim your own insurance and lodge a police report against him. He will get his license suspended for 1 year at least.

But sure drive without license again.
*
I got a friend who got so many tickets until need to go to court and need to surrender his license immediately.

But after the judgment, still at the court, the JPJ people come and offer him to take back his license for a *fee*.

doh.gif

This post has been edited by sweeann: Aug 13 2011, 05:34 PM
TScarloz28
post Aug 13 2011, 05:38 PM

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QUOTE(duckhole @ Aug 13 2011, 05:32 PM)
if he doesn't report within 24 hours after the accident and you did, it is considered hit and run already automatically. he will kena saman for sure. and your insurance company will cover fully for you since you paid for the insurance and it was not your fault.
*
NOT entirely true.

He doesn't want to report because his road tax is dead & insurance is dead. Not really a clever move from him, he would have save himself from the saman if he does.
He will kena saman for sure, but how much is the saman? RM300? That's still way too low compared to my expenses.

CHEAPEST TICKET TO ESCAPE while hoping the dust settle on the other party. (Unlucky for him, NOT ME cause I'm gonna raise some hell here)

Again, insurance company will not give a rat's ass about who is right who is wrong. Especially when the other party is not insured. The moment you claim your own insurance, that's the moment your NCB discount vanishes into thin air. AND there is this thing called "betterment fees for spart parts" meaning to say they will only reimburse like 75% to 85% of your total repair expenses depending on the age of your vehicle.

EXAMPLE: If you car is more than 5 yrs old and damage cost is 10000K, the betterment fees is 15% meaning insurance only cover RM8500 for you and the remainder RM1500 have to be forked out from your own pocket or the BOZO's pocket.

This post has been edited by carloz28: Aug 13 2011, 05:41 PM
Mackiddo
post Aug 13 2011, 05:42 PM

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QUOTE(duckhole @ Aug 13 2011, 05:32 PM)
if he doesn't report within 24 hours after the accident and you did, it is considered hit and run already automatically. he will kena saman for sure. and your insurance company will cover fully for you since you paid for the insurance and it was not your fault.
*
the insurance company will cover you fully even if it's your fault. That's beside the point. The main things we are talking about here in NCB. You will lost your NCB once your insurance payout, no matter to who.

This post has been edited by Mackiddo: Aug 13 2011, 05:42 PM
Mackiddo
post Aug 13 2011, 05:43 PM

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QUOTE(carloz28 @ Aug 13 2011, 05:38 PM)
NOT entirely true.

He doesn't want to report because his road tax is dead & insurance is dead. Not really a clever move from him, he would have save himself from the saman if he does.
He will kena saman for sure, but how much is the saman? RM300? That's still way too low compared to my expenses.
*
I think a few samans. Reckless driving, fail to report an accident within 24hrs, invalid road tax and without insurance. At least 4.



This post has been edited by Mackiddo: Aug 13 2011, 05:44 PM
Mackiddo
post Aug 13 2011, 05:46 PM

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QUOTE(LittleBear @ Aug 13 2011, 05:45 PM)
Once you report polis, the other party will be summoned & charged by the police for driving a car without insurance. It's not that you can sue him. The police will take action.

As for your compensation, I think most likely you will have to utilize your NCD already.
*
you could engage a lawyer and sue him for damage. get your facts right.
TScarloz28
post Aug 13 2011, 05:49 PM

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QUOTE(Mackiddo @ Aug 13 2011, 05:43 PM)
*
Yes you are right. Triple combo for him. To be honest, I wouldnt give a rat's ass if he got exiled to Pulau Seychelles or Planet of the Apes or whatever

The main thing here is what is the best course of action I should take to get the best outcome for me.

I'm kinda pissed when the service center guy told me
" Aiya this is the way Malaysian law works around here.....if that guy is not insured, you cannot do anything also LA, worst case scenario he got samaned n u will still not get a single cent from him"

Selfish? Think again, I'm the victim of a irresponsible driver remember? How could one face himself in the mirror first thing in the morning knowing the fact he got rammed from behind and still have to lose his NCD and fork out thousands of ringgit to repair his car while the other party just paid a Rm300 saman?

This post has been edited by carloz28: Aug 13 2011, 05:53 PM
rain55
post Sep 16 2011, 05:56 PM

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when u make polis report car accident, do the sarjan will need to photocopy ur IC and lesen?
mechazawa11
post Sep 16 2011, 06:37 PM

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QUOTE(katsumoto2011 @ Aug 13 2011, 05:01 PM)
got his face photo ???

post it at /k/ , we may run into him someday
*
Pun intended bro?

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