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 What to do in an accident in Malaysia, Everything about m/vehicle insurance

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TSloui
post Jun 27 2017, 10:59 AM

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QUOTE(isr25 @ Jun 27 2017, 10:43 AM)
It only covers your vehicle, not the 3rd party vehicle which you hit.
*
again, no

it covers third party by default

and only covers your own vehicle if you bought a comprehensive policy


isr25
post Jun 27 2017, 11:01 AM

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QUOTE(loui @ Jun 27 2017, 10:59 AM)
again, no

it covers third party by default

and only covers your own vehicle if you bought a comprehensive policy
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Are you sure about this? I got hit by a Singaporean vehicle, and couldn't claim against their insurance. I need to pay and was told to claim against their insurance in Civil court
TSloui
post Jun 27 2017, 11:13 AM

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QUOTE(isr25 @ Jun 27 2017, 11:01 AM)
Are you sure about this? I got hit by a Singaporean vehicle, and couldn't claim against their insurance. I need to pay and was told to claim against their insurance in Civil court
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yup

the reason government(in most countries) make it compulsory for every driver/rider to have an insurance policy is to ensure third party able to get compensation in case of any accident involve

hence, driver/rider need at least a third party policy(which covers claim from a third party), whereas comprehensive policy(which cover both claims from third party and yourself) is optional

there are few factors you couldn't claim against their insurance

1. you are at fault
2. police/insurance company couldn't determine who is at fault(hence you are require to present your case in civil court to convince the judge that fault is on your side)
3. you are claiming for huge compensation (usually involve injuries or death)

btw, I am confuse as to "I need to pay and was told to claim against their insurance in Civil court" mentioned by you

what do you need to pay? third party punya repair bill? your own repair bill?

who said so? your insurance company, third party insurance company or police?
isr25
post Jun 27 2017, 11:29 AM

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QUOTE(loui @ Jun 27 2017, 11:13 AM)
yup

the reason government(in most countries) make it compulsory for every driver/rider to have an insurance policy is to ensure third party able to get compensation in case of any accident involve

hence, driver/rider need at least a third party policy(which covers claim from a third party), whereas comprehensive policy(which cover both claims from third party and yourself) is optional

there are few factors you couldn't claim against their insurance

1. you are at fault
2. police/insurance company couldn't determine who is at fault(hence you are require to present your case in civil court to convince the judge that fault is on your side)
3. you are claiming for huge compensation (usually involve injuries or death)

btw, I am confuse as to "I need to pay and was told to claim against their insurance in Civil court" mentioned by you

what do you need to pay? third party punya repair bill? your own repair bill?

who said so? your insurance company, third party insurance company or police?
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Police+Insurance Provider (MSIG)+Workshop all told me need to file claim against the Singapore Insurance provider at court - using the bill of repair / cost estimate by workshop. But since need to engage lawyer (lawyer fees), I malas since the process could take a VERY long time, soI just claim against my insurance provider.

Confirm the Singaporean car at fault, which was supported by the Laporan Polis and photographic evidence.

I guess you never had the unfortunate experience to get hit by a Singaporean car?
TSloui
post Jun 27 2017, 12:43 PM

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QUOTE(isr25 @ Jun 27 2017, 11:29 AM)
Police+Insurance Provider (MSIG)+Workshop all told me need to file claim against the Singapore Insurance provider at court - using the bill of repair / cost estimate by workshop. But since need to engage lawyer (lawyer fees), I malas since the process could take a VERY long time, soI  just claim against my insurance provider.

Confirm the Singaporean car at fault, which was supported by the Laporan Polis and photographic evidence.

I guess you never had the unfortunate experience to get hit by a Singaporean car?
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The fact that you are told to go to court to file a claim means that insurance does covers third party claim

Malaysia and Singapore insurance is base on fault base liability. Which means you need to prove the other parties is at fault to succeed a claim.

Most third party claims usually end up in court due to dispute of facts (both parties stated different versions in police reports) or dispute of amount of compensation (unable to agree on cost of repair) as OD KFK does not apply if involved with foreign vehicles
isr25
post Jun 27 2017, 03:03 PM

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QUOTE(loui @ Jun 27 2017, 12:43 PM)
The fact that you are told to go to court to file a claim means that insurance does covers third party claim

Malaysia and Singapore insurance is base on fault base liability. Which means you need to prove the other parties is at fault to succeed a claim.

Most third party claims usually end up in court due to dispute of facts (both parties stated different versions in police reports) or dispute of amount of compensation (unable to agree on cost of repair) as OD KFK does not apply if involved with foreign vehicles
*
Ok, maybe my definition is different from yours. It is not as easy and straightforward thangetting hit by Malaysian cars, and also may not be worth your time/effort/money to go up and down the court & engage a lawyer. If you get hit by a Malaysian car, just getting the details of the car+driver, the police can follow up to get the accident report out and you claim under OD-KFK or even claim under the 3rd party insurance directly.

If you get hit by a foreign registered vehicle, which is covered by a 3rd party foreign insurance provider, you're screwed and you're better off just claiming under OD of your own insurance. The legal fees alone would be a stumbling block - and would take up to a few years...

If I get hit by a Foreign car, I now know to settle outside - or at least get some money to cover my NCD losses coz trying to claim under their insurance is a pain/not worth it...

This post has been edited by isr25: Jun 27 2017, 03:09 PM
richardfirst
post Jun 28 2017, 09:39 PM

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Got rear-ended in another state. Made a police report about the accident at that state. Now I need copy of police report for insurance claim. Do I need to go back to the same police station where the report was made to get a copy?
TSloui
post Jun 28 2017, 09:48 PM

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QUOTE(richardfirst @ Jun 28 2017, 09:39 PM)
Got rear-ended in another state. Made a police report about the accident at that state. Now I need copy of police report for insurance claim. Do I need to go back to the same police station where the report was made to get a copy?
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if you are making OD claim, you need the police reports + police photos (if any)

if you are making OD-KFK or TPPD claim, you need police reports + police photos(if any) + police findings

theoretically police station has link their system few years back and you should be able to buy it any place

but my suggestion is to call the police station up to confirm it
richardfirst
post Jun 28 2017, 10:18 PM

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QUOTE(loui @ Jun 28 2017, 09:48 PM)
if you are making OD claim, you need the police reports + police photos (if any)

if you are making OD-KFK or TPPD claim, you need police reports + police photos(if any) + police findings

theoretically police station has link their system few years back and you should be able to buy it any place

but my suggestion is to call the police station up to confirm it
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Thanks bro... will call ahead and confirm... will let you know the outcome so that u can update the FAQ for benefit of other bros...

Another question, I got rear-ended. Intend to claim OD-KFK.
1) how long before keputusan is released by polis?

2) I need the keputusan before I can send car to workshop to initiate claim (i.e. adjustor take photo etc.) right?

3) The driver of my car during accident was not in my schedule. Can I still claim insurance of offender?

Thanks in advance.

TSloui
post Jun 28 2017, 10:21 PM

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QUOTE(richardfirst @ Jun 28 2017, 10:18 PM)
Thanks bro... will call ahead and confirm... will let you know the outcome so that u can update the FAQ for benefit of other bros...

Another question, I got rear-ended. Intend to claim OD-KFK.
1) how long before keputusan is released by polis?

2) I need the keputusan before I can send car to workshop to initiate claim (i.e. adjustor take photo etc.) right?

3) The driver of my car during accident was not in my schedule. Can I still claim insurance of offender?

Thanks in advance.
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1. can't tell. depend on police. some give on spot, some complicated case or lazy police will drag until he retires

2. keputusan only relevant if you want to make OD-KFK and TPPD claim. you can send the car to workshop first, let them assess the damage then meanwhile wait for the keputusan.

3. Can but before sending the car for fixing under OD-KFK or OD, you will kena denda RM200~300 by your insurance company
richardfirst
post Jun 28 2017, 10:25 PM

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QUOTE(loui @ Jun 28 2017, 10:21 PM)
1. can't tell. depend on police. some give on spot, some complicated case or lazy police will drag until he retires

2. keputusan only relevant if you want to make OD-KFK and TPPD claim. you can send the car to workshop first, let them assess the damage then meanwhile wait for the keputusan.

3. Can but before sending the car for fixing under OD-KFK or OD, you will kena denda RM200~300 by your insurance company
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Does this mean that I can't claim under TPPD?
TSloui
post Jun 28 2017, 10:30 PM

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QUOTE(richardfirst @ Jun 28 2017, 10:25 PM)
Does this mean that I can't claim under TPPD?
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can but TPPD very tidious, unless you know how

1. send car to workshop
2. get and adjuster to evaluate the damage (pay yourself, but can claim back later as part of TPPD cost)
3. send the report + police report + keputusan siasatan to third party insurance company
4. call up insurance company to negotiate settlement amount
5. agree on the repair cost
6. get the money
7. pay the workshop
8. workshop then only start to fix your car

you have to do everything all by yourself

workshop won't do it for you

This post has been edited by loui: Jun 28 2017, 10:31 PM
richardfirst
post Jun 28 2017, 10:39 PM

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QUOTE(loui @ Jun 28 2017, 10:30 PM)
can but TPPD very tidious, unless you know how

1. send car to workshop
2. get and adjuster to evaluate the damage (pay yourself, but can claim back later as part of TPPD cost)
3. send the report + police report + keputusan siasatan to third party insurance company
4. call up insurance company to negotiate settlement amount
5. agree on the repair cost
6. get the money
7. pay the workshop
8. workshop then only start to fix your car

you have to do everything all by yourself

workshop won't do it for you
*



Noted bro! TQVM

buggie
post Jun 28 2017, 10:54 PM

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QUOTE(loui @ Jun 27 2017, 12:43 PM)
The fact that you are told to go to court to file a claim means that insurance does covers third party claim

Malaysia and Singapore insurance is base on fault base liability. Which means you need to prove the other parties is at fault to succeed a claim.

Most third party claims usually end up in court due to dispute of facts (both parties stated different versions in police reports) or dispute of amount of compensation (unable to agree on cost of repair) as OD KFK does not apply if involved with foreign vehicles
*
I think you've gotten poor advice. It's actually not that complicated and you don't really need the use of a lawyer. Insurance in Singapore is same like Malaysia in which they are governed by the GIA. They cant just ignore your claim just because you are malaysian and didn't use lawyers. And they also don't like lawyers. They's much rather settle with you direct. All you needed to do was to pay the repairs first, then send a letter of demand to the singapore insurance company with the supporting document and wait. Shouldn't take too long if liability is clearly established.

It's too late now since you've already claimed. And your insurance MSIG would probably claim back the cost from the singapore insurance under subrogation.

But to test my theory out, you could claim the loss of use and the loss of your NCD (current year) from the singapore insurance. Why not try sending them a letter of demand with supporting documents without lawyer. Trust me, they won';t ignore you
TSloui
post Jun 28 2017, 11:13 PM

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QUOTE(buggie @ Jun 28 2017, 10:54 PM)
I think you've gotten poor advice. It's actually not that complicated and you don't really need the use of a lawyer. Insurance in Singapore is same like Malaysia in which they are governed by the GIA. They cant just ignore your claim just because you are malaysian and didn't use lawyers. And they also don't like lawyers. They's much rather settle with you direct. All you needed to do was to pay the repairs first, then send a letter of demand to the singapore insurance company with the supporting document and wait. Shouldn't take too long if liability is clearly established.

It's too late now since you've already claimed. And your insurance MSIG would probably claim back the cost from the singapore insurance under subrogation.

But to test my theory out, you could claim the loss of use and the loss of your NCD (current year) from the singapore insurance. Why not try sending them a letter of demand with supporting documents without lawyer. Trust me, they won';t ignore you
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insurance company is not obliged to entertain your claim as long as it is not in court order

under Road Transport Act, insurance companies are only required to confirm that they are at risk

in order to get a court order, you need to hire a lawyer

of course there are those straight forward scenario where one party admit fault

but still, disputes will still arise on the repair cost

any form of dispute will normally end it in court again

trust me, no more then 20% of TPPD claim is settle without lawyer involvement

it all depends on your negotiation skill and the claim manager who handle your case

This post has been edited by loui: Jun 28 2017, 11:14 PM
ehkay
post Jul 31 2017, 10:29 AM

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My car was hit at the back.

Didn't manage to get the driver details but I taken his car and road tax pictures.

Have done the police report on that day itself and now after 1 month the other party still have not yet make the police report.

The sarjan that handle my case tells me without the other party making the report he cannot complete the police report and I have no way to claim the other party insurance.

Is this true and there is no way if the other party just ignore and did not make any police report on it ?

Thanks for any advise.
sojurn
post Jul 31 2017, 11:10 AM

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QUOTE(ehkay @ Jul 31 2017, 10:29 AM)
My car was hit at the back.

Didn't manage to get the driver details but I taken his car and road tax pictures.

Have done the police report on that day itself and now after 1 month the other party still have not yet make the police report.

The sarjan that handle my case tells me without the other party making the report he cannot complete the police report and I have no way to claim the other party insurance.

Is this true and there is no way if the other party just ignore and did not make any police report on it ?

Thanks for any advise.
*
I have experienced this too. I was told the same as you. If the other party does not make a police report, cannot claim his insurance.

Only other recourse is to take him to court.

But then you'll need to make sure all your evidence (photos etc) is in order.

In my case, the damage was minor, so I did not pursue the matter.

If any other more experienced people can share their experience, would be much appreciated.
TSloui
post Jul 31 2017, 08:22 PM

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QUOTE(ehkay @ Jul 31 2017, 10:29 AM)
My car was hit at the back.

Didn't manage to get the driver details but I taken his car and road tax pictures.

Have done the police report on that day itself and now after 1 month the other party still have not yet make the police report.

The sarjan that handle my case tells me without the other party making the report he cannot complete the police report and I have no way to claim the other party insurance.

Is this true and there is no way if the other party just ignore and did not make any police report on it ?

Thanks for any advise.
*
still can go ahead with TPPD or OD-KFK(subject to other side having comprehensive policy)

different insurance company has different methods (OD-KFK)

but the standard one is to get a statutory declaration to confirm the accident + your police report + photos of scene of accident with other car in it(optional) and send it to your insurance company

call them up and see whether they will allow OD-KFK
Axell
post Aug 2 2017, 12:36 PM

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QUOTE(ehkay @ Jul 31 2017, 10:29 AM)
My car was hit at the back.

Didn't manage to get the driver details but I taken his car and road tax pictures.

Have done the police report on that day itself and now after 1 month the other party still have not yet make the police report.

The sarjan that handle my case tells me without the other party making the report he cannot complete the police report and I have no way to claim the other party insurance.

Is this true and there is no way if the other party just ignore and did not make any police report on it ?

Thanks for any advise.
*
I encountered this before, I managed to claim under OD-KFK and replaced the third party report with statutory declaration. My NCB is not affected but I did claim loss of use to the third party insurance which I think her NCB is back to 0%.

Regarding the police report, if I not mistaken the sergeant in charge in any case need to come out with the full report in a period of time because they need to contact the third party before finalize their the report. Then you can buy the full report to proceed with your car insurance claim or the sergeant is waiting you to give him under table gift.

Story that I banged by stewardess sweat.gif
https://forum.lowyat.net/index.php?showtopic=2721107&hl=

This post has been edited by Axell: Aug 2 2017, 12:37 PM
D10yrspain
post Sep 23 2017, 01:31 AM

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QUOTE(^chalaza^ @ Jul 20 2015, 11:29 PM)
Well done good input and info for all
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