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 Accident 101: i teach u claim loss of use

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PeinEVO
post Nov 12 2024, 02:32 PM

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anyone know how to really properly fight the claim loss of use ah?

my car was banged in march and since then nearly every week i chase the workshop etc to repair the car etc.. i finally was able to take my car in october basically nearly 6 months in workshop due to sparepart shortage etc.. in the meantime i have to use my family car which i need to repair a lot of it ..

the bengkel already prepare letter etc for the loss of use for 182 days but the claim department of the insurance only give 14 days.. i really feel not fair as i was not at fault , then need to wait the insurance to approved the claim then wait for spareparts etc..

if they reduced it to like 120 days or 130 days i still can be satisfied la but now this only really an insult leh for me. So anyway to really fight this?

will bnm / ombudsman help in this case?

Why are we yang kena langgar pulak are being punished? car against car punya accident btw. really jialat
PeinEVO
post May 23 2025, 10:45 AM

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QUOTE(culain99 @ May 23 2025, 09:31 AM)
Any updates?
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Well i managed to get the insurance to cough up to 45 days.. the remaining 135 days i'm bring the case to small court claim against the bengkel itself.. sebutan kes was done in march/april and now the sebutan kes will be somewhere in july. .the bengkel already tried to settle luar twice though for now.. i'm demanding full payment of my loss of use + other cost in the small claim court.. but if nak settle luar i ask bengkel to just pay the claim loss of use.. so far belum settle lagi..


i'm quite confident in my case though (hopefully not overconfident)

will update once the case is settled.
PeinEVO
post Aug 27 2025, 10:16 PM

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QUOTE(PeinEVO @ May 23 2025, 10:45 AM)
Well i managed to get the insurance to cough up to 45 days.. the remaining 135 days i'm bring the case to small court claim against the bengkel itself.. sebutan kes was done in march/april and now the sebutan kes will be somewhere in july. .the bengkel already tried to settle luar twice though for now.. i'm demanding full payment of my loss of use + other cost in the small claim court.. but if nak settle luar i ask bengkel to just pay the claim loss of use.. so far belum settle lagi..
i'm quite confident in my case though (hopefully not overconfident)

will update once the case is settled.
*
Ok just an update about this issue because there is someone asking me in my dm and i think its better for me to write in details here so people can learn.. Just a recap of my case

Accident March
Adjusted estimated time of repair is about 2 weeks

I sent to bengkel march , pickup the car in october after chasing the bengkel (who is a panel)

Then i claim loss of use, only get about 45 days after mintak insurance agent justification. The agent contacted the bengkel and finally found out its the bengkel that was delaying the repair process sebab too many cars.

Now the update, after i try to settle tepi with the manager, he keep on delaying hence I made a small court claim (previously i ada try tribunal pengguna, but since claim loss of use is not something i pay out of pocket so i cant open the case there).

In the small court claim I wrote this with the help of chatgpt :-


» Click to show Spoiler - click again to hide... «



This is what i wrote for my small court claim, then I buat filing and attached all the evidence i have.

Then tarikh pengurusan kes was given. On that date, the majistret is asking whether defendant mengaku atau tidak (or something along the line whether nk teruskan kes or something cant remember exactly). Then majistret gave another date for perbicaraan (where we have to give evidence and call up witness if ada)

The funny thing was that suddenly a month or so before the tarikh bicara kes, the bengkel suddenly called me to settle tepi and for me to tarik kes. Apparently their main company account(where they also sell new car) kena ctos/ccris and the account somehow kena suspended or something and because of that they nak settle straight away.

So i said my number is rm3.5k untuk tarik kes.. a few days went by but then finally they said ok lets both go to mahkamah , they will do payment i will tarik kes... So i go to the court with them untuk tarik kes, so untuk tarik kes , my kes need to be heard by the majistret .. so my kes was called upon by the court aid (after he slyly told me to ensure payment go through baru tarik kes) and majistret confirm to me whether I want to tarik kes or not. i said yes.

Finally I tarik kes against bengkel as payment has been made to my account. Hopefully u guys can get some info and dont be afraid to fight for your rights ya.

If u have any further question just ask .
PeinEVO
post Aug 28 2025, 05:25 AM

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QUOTE(theozis @ Aug 27 2025, 11:09 PM)
glad to hear that
btw, the bengkel u refer to is car maker official 3S or those car repair shop ?
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well the bengkel is the official bengkel ketuk2 of my car brand (ada dalam the car brand official website) and also have my brand of car sales room ( albeit this one is 5 minutes from the bengkel, the owner is the same).

 

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