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

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ckllim
post Apr 16 2016, 02:06 AM

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To all Bros,

i have car accident recently, which my car was bang by another car from behind. As usual, i snap some pic and take the driver contact no, then i went to log a police report. As normal procedure, after the report logged, went to meet the Sarjan and describe the happened incident in detail as follow:

I was drove at the fastest lane at the highway and there is the emergency stop in front, therefore i need to do emergency brake as well but the car behind me was failed to do so and cause his car was bang behind me, since i manage to hold the brake tight, therefore the car in front of me was safe.

Nothing much said from the Sarjan and he just direct me some simple procedure on how to claim the car and so on, then just ask me to follow up with him on the status and come back to collect the report on Monday. Before i left, he also ask me whether i hv the other party contact, and direct me to passed it to him.

2 hours later, i have received the call from Sarjen and told me that the other party have also turn up to log a police report. And he told me that the other party was claimed that he is on the fastest lane and i'm the one which cut queue from middle lane to fast lane and cause him to bang my car. Also he told me that he was disappointed with me since i'm not telling the truth, therefore he will not summon the other party.

I really disappointed and dunno what shd i do to get back my justice since i was actually the victim but somehow become a offender now.

Can anyone advise me on what/how can i do to get back my justice?


Appreciate much in advance.


mafioso
post Apr 18 2016, 02:07 AM

 
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Wow very useful info

Thanks
TSloui
post Apr 18 2016, 08:52 AM

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QUOTE(ckllim @ Apr 16 2016, 02:06 AM)
To all Bros,

i have car accident recently, which my car was bang by another car from behind. As usual, i snap some pic and take the driver contact no, then i went to log a police report. As normal procedure, after the report logged, went to meet the Sarjan and describe the happened incident in detail as follow:

I was drove at the fastest lane at the highway and there is the emergency stop in front, therefore i need to do emergency brake as well but the car behind me was failed to do so and cause his car was bang behind me, since i manage to hold the brake tight, therefore the car in front of me was safe.

Nothing much said from the Sarjan and he just direct me some simple procedure on how to claim the car and so on, then just ask me to follow up with him on the status and come back to collect the report on Monday. Before i left, he also ask me whether i hv the other party contact, and direct me to passed it to him.

2 hours later, i have received the call from Sarjen and told me that the other party have also turn up to log a police report. And he told me that the other party was claimed that he is on the fastest lane and i'm the one which cut queue from middle lane to fast lane and cause him to bang my car. Also he told me that he was disappointed with me since i'm not telling the truth, therefore he will not summon the other party.

I really disappointed and dunno what shd i do to get back my justice since i was actually the victim but somehow become a offender now.

Can anyone advise me on what/how can i do to get back my justice?
Appreciate much in advance.
*
it is your word against the other fella word

usually police will buy the version of whoever kena rear collided

but your case is special one since the police in charge is "special"

if your main concern are claiming against the other felaa insurance, then get a lawyer to do for you

police will get grill infront of the judges

so far complain to Bukit Aman about the police conduct will not work. Many have tried but Bukit Aman will never put blame on the subordinate

p/s : you have dash camera? that will work to certain extend.

This post has been edited by loui: Apr 18 2016, 08:52 AM
mousqy
post Apr 18 2016, 02:39 PM

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nice info ...parking
wordtalks
post May 24 2016, 05:22 PM

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bump this very useful thread
char_les
post May 26 2016, 08:44 AM

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QUOTE(wordtalks @ May 24 2016, 05:22 PM)
bump this very useful thread
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should print it out and keep a copy in the car brows.gif
lemond
post May 26 2016, 12:59 PM

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Can admin pinned this?
owenwong84
post May 26 2016, 03:04 PM

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loui

Last time my friend got into an accident. lets call her jiajia
As usual, nearby tow truck came.
Jia jia contact a mechanic friend-ahboy who also provide tow truck service, so reject the tow truck on scene.

Here is the unusual part.
The thing happen like that. When ahboy tow truck approaching, he give jiajia a call to let her know that the tow truck is arriving in what car plate number.
Jiajia must hail her friend's truck to stop.
Ahboy tow truck cannot stop on the scene if jiajia didn't hail.
I ask why, bcoz tow truck got jaga their own area. Means ahboy cannot simply stop there even though jiajia got call for help already.

Got such thing?

This post has been edited by owenwong84: May 26 2016, 03:23 PM
TSloui
post May 31 2016, 05:08 PM

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QUOTE(owenwong84 @ May 26 2016, 03:04 PM)
loui

Last time my friend got into an accident. lets call her jiajia
As usual, nearby tow truck came.
Jia jia contact a mechanic friend-ahboy who also provide tow truck service, so reject the tow truck on scene.

Here is the unusual part.
The thing happen like that. When ahboy tow truck approaching, he give jiajia a call to let her know that the tow truck is arriving in what car plate number.
Jiajia must hail her friend's truck to stop.
Ahboy tow truck cannot stop on the scene if jiajia didn't hail.
I ask why, bcoz tow truck got jaga their own area. Means ahboy cannot simply stop there even though jiajia got call for help already.

Got such thing?
*
Quite normal

Tow trucks business are full of gangster and thugs

Each have their own set of rules to safeguard their business

They don't really give shyt about rules regulations and authorities

nintendo86
post May 31 2016, 05:21 PM

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One more thing.. Park ur car sideway and watch the accident.. Jammed the road all the way
chaseonl
post Jun 19 2016, 12:33 AM

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nice
reeve-826
post Jun 25 2016, 04:10 PM

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Need advise sad.gif

My car was hit by a 10 TON LORRY from behind my car, happened 2 weeks ago. Obviously that is lorry fault.
I have lodge a police report, but the lorry still don't make any police report as for now.
on my hand, i have photo down driver I/C, vehicle number, company address on their lorry.

Workshop is now proceed for OD claim, waiting for approval.
May i know when keputusan released, can swtich to OD KFK?

-Office lady doing claim said can't, 10 TON LORRY must submitted via 3rd party directly, so my NCB will be impacted.
-Runner said can, after mahkamah denda the lorry owner, NCB bagi balik, will be no impacted.

Anyone can advise me to prevent my NCB hilang?

This post has been edited by reeve-826: Jun 25 2016, 04:24 PM
friedmihun
post Jul 7 2016, 10:48 PM

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Thx for the info ts
TSloui
post Jul 8 2016, 09:34 PM

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QUOTE(reeve-826 @ Jun 25 2016, 04:10 PM)
Need advise  sad.gif

My car was hit by a 10 TON LORRY from behind my car, happened 2 weeks ago. Obviously that is lorry fault.
I have lodge a police report, but the lorry still don't make any police report as for now.
on my hand, i have photo down driver I/C, vehicle number, company address on their lorry.

Workshop is now proceed for OD claim, waiting for approval.
May i know when keputusan released, can swtich to OD KFK?

-Office lady doing claim said can't, 10 TON LORRY must submitted via 3rd party directly, so my NCB will be impacted.
-Runner said can, after mahkamah denda the lorry owner, NCB bagi balik, will be no impacted.

Anyone can advise me to prevent my NCB hilang?
*
OD-KFK can only be done when both you and other vehicle bought m/car comprehensive policy.

Since you knock into a lorry, the only way to not losing your is via TPPD claim.

Process might be tedious but still can DIY.

1. go JPJ to find out detail of the lorry insurance.
2. send a notice to lorry insurance company to show the intention to claim against them.
3. send your car to the authorise workshop for the lorry insurance company
4. you pay the money 1st (workshop will not do TPPD for you since it takes time)
5. collect all the repair bills + photos taken by the workshop
6. send it to lorry insurance company
7. negotatiate with claim personnel

or get a lawyer to do it for you if your claim is big
everclear
post Jul 14 2016, 06:53 AM

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Hello, first of all, thank you for the helpful information shared here. I have a few questions below:

Yesterday (13 July) evening I was driving my Sister-in-law's car when a guy skided (wet road in rain) and banged me from behind. It was his fault as my car was stationary in a traffic jam pile-up and he just couldn't stop in time.

The guy was of Indian nationality as the ID/license he was carrying were different, he showed me but didn't let me take picture. We both made police report at Sri Petaling Police Station. He even sent me a picture of his police report admitting that he banged me from behind as his brake failed to work.

The sergeant there told me to go to Jln Tun HSLee Police Station to collect police report on Friday work hours. And that if I wanted my workshop can also collect for me.

I read through the Q & A above but still is quite clueless as to what I should do.

My questions are:
What should be my next steps?

I am thinking of:
1) find out my SIL's insurance policy type (now let's assume it's comprehensive)
2) should I call the insurance company to report this now or wait for the police report first?
3) must I collect the police report during work hours? Can I collect it on Saturday/Sunday? Or night time on weekdays?
4) Should I be bothered with checking the other driver's car insurance type (i.e. Comprehensive or third party)? He has been helpful and feeling sorry and even sent me his police report so I think he would tell me if I asked. Would this information be useful?
5) If the other driver does not have comprehensive coverage, will the workshop still help me to handle everything (process the 3rd party claim) or do I need to go through more steps or incur more costs than going through OD KFK procedure?
6) I am not named under my SIL's car insurance policy. Would this affect the process to claim OD KFK? How long normally does it take for the RM 400 compound (from insurance company) to be refunded?
7) It's a VW still under 5-year warranty so it is preferred to be sent back to the service centre. Do I need to check with my SIL's car insurance company if it's a panel workshop under both scenarios of OD KFK and third party claim?
8) I was helping to drive my SIL's car as she resides overseas temporarily. Will this affect anything? Since this is her car, what is the involvement that requires her/her ID's/signature/presence etc?
9) Is there any other thing that I missed out or need to watch out for?

Many thanks. Really appreciative of the help and support here.

This post has been edited by everclear: Jul 14 2016, 07:25 AM
CKKwan
post Jul 14 2016, 07:11 AM

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Thanks TS. I think you need to cover this scenario which always happened to rempit knocking your car:

"m/cycle knock your car, 100% his fault, but he is filing injury claim on you. Can you dispute?"
TSloui
post Jul 14 2016, 08:41 AM

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QUOTE(everclear @ Jul 14 2016, 06:53 AM)
Hello, first of all, thank you for the helpful information shared here. I have a few questions below:

Yesterday (13 July) evening I was driving my Sister-in-law's car when a guy skided (wet road in rain) and banged me from behind. It was his fault as my car was stationary in a traffic jam pile-up and he just couldn't stop in time. 

The guy was of Indian nationality as the ID/license he was carrying were different, he showed me but didn't let me take picture. We both made police report at Sri Petaling Police Station. He even sent me a picture of his police report admitting that he banged me from behind as his brake failed to work.

The sergeant there told me to go to Jln Tun HSLee Police Station to collect police report on Friday work hours. And that if I wanted my workshop can also collect for me.

I read through the Q & A above but still is quite clueless as to what I should do.

My questions are:
What should be my next steps?

I am thinking of:
1) find out my SIL's insurance policy type (now let's assume it's comprehensive)
2) should I call the insurance company to report this now or wait for the police report first?
3) must I collect the police report during work hours? Can I collect it on Saturday/Sunday? Or night time on weekdays?
4) Should I be bothered with checking the other driver's car insurance type (i.e. Comprehensive or third party)? He has been helpful and feeling sorry and even sent me his police report so I think he would tell me if I asked. Would this information be useful?
5) If the other driver does not have comprehensive coverage, will the workshop still help me to handle everything (process the 3rd party claim) or do I need to go through more steps or incur more costs than going through OD KFK procedure?
6) I am not named under my SIL's car insurance policy. Would this affect the process to claim OD KFK? How long normally does it take for the RM 400 compound (from insurance company) to be refunded?
7) It's a VW still under 5-year warranty so it is preferred to be sent back to the service centre. Do I need to check with my SIL's car insurance company if it's a panel workshop under both scenarios of OD KFK and third party claim?
8) I was helping to drive my SIL's car as she resides overseas temporarily. Will this affect anything? Since this is her car, what is the involvement that requires her/her ID's/signature/presence etc?
9) Is there any other thing that I missed out or need to watch out for?

Many thanks. Really appreciative of the help and support here.
*
2. My suggestion is to notify your insurance company in advance (assume you are making OD or OD KFK claim), so that insurance company can respond faster once all documents are complete

3. As far as I remember, counter only open at normal working hour. Make sure you buy everything at once, police reports, sketch, investigation outcome and photos.

4. Yes only if you are making OD KFk claim

5. Most of the workshop does not provide TPPD claim service. But they do have friendly lawyer who regularly service them with fees of course. Ask them and find out the charges of the service before agree on their service

6. It won't affect. But you will not get back the 400 you paid.

7. You have to. Or else the claim process will be tedious. Just go to their website and find out or just ask the workshop fella.

8. Not really. But if you make the claim through TPPD, the settlement agreement require her signature and cheque issued to her name.
TSloui
post Jul 14 2016, 09:54 AM

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QUOTE(CKKwan @ Jul 14 2016, 07:11 AM)
Thanks TS. I think you need to cover this scenario which always happened to rempit knocking your car:

"m/cycle knock your car, 100% his fault, but he is filing injury claim on you. Can you dispute?"
*
You can't. When it comes to claiming insurance, it is between m/cyclist vs insurance company.

Insurance company has sole discretion to decide whether to compensate.

And in the event settlement can't be reach and matter goes to court, it is the judge discretion to allow the claim.

The successful rate of strike out the claim is less then 10%.

And in the process, insurance company need to spend few thousands on legal fees to defend you. So if the injured m/cyclist is willing to settle at nominal amount of few hundred ringgit, insurance company will most likely settle it to avoid incurred more cost.

Note that if you want to dispute the claim, the only thing you can do is talk to claim assessor. If the assessor felt that it is worth fighting for, they will get a lawyer to defend you and you need to testify in court. Opponent lawyer will give you tough time, so please prepare for the worst.

Even if you did a perfect testimony infront of judges, Malaysian judge is well known of pro plaintiff. Judge will some how find fault on you are found you slightly at fault.

Once insurance company is ordered to pay compensation to plaintiff, your NCd is gone forever
nikzaim
post Jul 31 2016, 04:57 PM

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Hmm i just got hit and run last night.. i really shock its like i don't know what to do. even though he also stop there for a bit i came out of the car to check the damage and the he make handsign to make a uturn cuz theres so many car behind honking.. then he disapear so fast i couldnt catch him... this thread really helps me though.. I got a few question op regarding the first option, can i just go out snap all the pics and then return back to my car go str8 to police station even without talking to the other party? because i really dont like to talk to strangers.

This post has been edited by nikzaim: Jul 31 2016, 04:58 PM
HongKi
post Aug 1 2016, 11:29 AM

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Thanks for the info bro.

A few questions,
1. If I was trying to take pictures of the cars and the person I/C and he/she won't allow it, what should I do? should I record a video of the car and the owner?
I afraid that they want to pick a fight if I record video. should I suck it up and let him punch me ? Am I wrong if I fight back?

2. If the other person was poor and asking me not to report to police. If they pay money but the amount was not a good amount lol, what should I do?

3. If I feel threaten and drive away to the nearest police station, am I wrong? what if I did not take any pictures?

4. If I received money as compensation am I wrong if they report to police(Even it's their fault)? if police question, should I say I took it or no?

5. So your advice is not to pay money as compensation even the other guy insisted me to pay with cash because the risk is too high?

Thanks. sorry for the stupid question doh.gif

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