1. No, but this will be a tricky one as you need to convince police to saman the other fella.

2. Both are different offenses. The other car will be summon for knocking into your car and you will be summon for illegal parking. Still, depend on the sarjan in charge

Bro, i need some advice here. I was involved in car accident last year Oct. I filed an injury claim back then. I've been checking with the workshop that i sent my car for repair and told that usually it takes 4-6 months to get the compensation.

After 7 months of waiting May this year, i finally received a msg from a KL lawyer firm said they're handling my injury claim case and will update me if there's anything.

On Aug, i check with the lawyer firm and they claimed still processing my claim. During Oct, they stopped replying to my msg.

As i thought this lawyer firm already closed down, i contacted my car workshop again, they gave me another lawyer firm contact. I called up the this lawyer firm and was told that somehow the first lawyer firm steal my case from them, and now this second lawyer firm will process injury claim for me.

Two days ago, the first lawyer firm suddenly called me and said Takaful insurance company already offered me RM5k compensation, but they requires me to sign a Statutory Declaration and certified by commissioner for oath. I brought the Statutory Declaration to commissioner for oath this morning, they found out there are mistakes on the written Act and no stated how much is the compensation offered by the insurance company in the Statutory Declaration.

I immediately emailed the first lawyer firm asking for correction
on the Statutory Declaration but it seems like they ignore my msg and email again.

How should i go about this? I tried to call Takaful which I made the injury claim from, but i was told that i should have refer to my lawyer firm on the injury claim. When they called me two days ago, they said Takaful told them another lawyer firm is trying to file injury claim for me. Could this be the reason why they are telling me Takaful already offered them the RM5k compensation just to secure this case for the sake of their own benefit?

It's been 14 months over and i got nothing. Please enlightened me on who shall i seek help from. I'm tired dealing with all these hassle.

Thank you bro.

hello bro.. need some advice here...

summary of the case.. my sis got bang from a commercial use lorry.. the lorry slide down from inclined road and bang the front part of the car..

went report and the keputusan said is the lorry's fault..

proceed with claim..
but now the workshop tell me can proceed with claim and got back the 1st year NCD only.. next year onward my NCD will be reset because that is commercial use lorry??

question..
1) keputusan said is not my fault.. why my NCD will reset next year??
2) even if i fail to claim the lorry insurance, i remember there is something call no fault claim?

btw is kurnia(my own) if it matters...

Need an advice here. Was bang by a grab driver and I've made a police report. Can I claim the driver's car insurance in case the driver didn't make a police report?

Call your insurer

Ask the person who handle your OD claim whether can convert to OD no fault

Should be allow unless got knock by taxi

My friend got into a rare situation, below is how it went. Appreciate any advice/feedback anyone can provide:

- One month ago, my friend (ABC) got a courtesy car from dealership while waiting for his car to be fixed under warranty
- while driving the courtesy car, it was knocked and scratched by some other car while turning into a road
- it didnt sound like a big noise/knock, so ABC continued driving thinking it's just a minor scratch
- upon reaching home, only realized the incident dented the front door joint quite badly, and the door is stuck/can't be fully opened now
- incident also resulted in new scratches on the back door (same side of course)
- ABC did inform dealership about this, and they just said nevermind, can claim insurance. without much other details
- now the original car has been fixed and ready for collection, and upon returning the courtesy car, the dealership said will need to claim from their insurance and asked ABC to pay 2k for excess! to fix the dent, scratches etc
- upon more nego, they agreed to reduce the 2k but ABC must provide police report for them to claim insurance
- the courtesy car is well used and already got scratches on the same side doors on initial collection

Questions:
- is the dealership ethical in demanding the 2k excess payment? they can do unscrupulous things, like making a larger claim to end up customer has to fork out extra money and as result, they will end up with not only repaired doors with new paint, plus more profits from the 2k??
- how exactly does this 'excess' work? how they got the 2k figure?
- can ABC file a claim against his own insurance (eg, TPPD) to pay for the repair? instead of having the dealership claim from their own insurance
- ABC offered to fix the damages at his own cost and workshop (without police report & insurance claim), but dealership refused and said must claim insurance. is this usual practice or can we debate further with them? the courtesy car collection form T&Cs also didn't explicitly mention customer can't fix at own workshop
- it's more than 24 hours since the incident, so if ABC does police report now (assume going ahead with insurance claim), he'll be fined 300 etc?
- when making the police report, does it matter how ABC make the story? Eg, if report hit and run and can't identify the other vehicle, or police concludes its ABC's fault, will insurance company end up deciding they won't pay for the damage and ABC must pay for it out of own pocket??

What would you do in this situation? Thanks in advance for any advice.

I have a question

If my car is coming down from the 1st floor ramp of my condo parking lot to make a right turn to exit the parking lot at ground floor. Suddenly a car who was driving fast on a straight lane on ground floor and hit my car on the left side of the front seat badly which is obvious that the driver was speeding.

Is it my fault and my negligence if the accident happens?

I saw the car from a far from a mirror on the wall of parking lot.and it was safe to turn out

And it seems like the driver was unaware that I was turning out to ground floor

The driver claims that he or she was unable to break on time



This post has been edited by BacktoBasics: May 22 2022, 06:40 PM

Since this is a private property its abit tricky.

U saw the car then u should let him go first isnt it? Not to say who has the right way but safety is better than sorry no?
Now he hit your door that means u were there first, so if he willing to admit fault then u are at luck.

Else u may try to push the blame to management, if there are no sufficient safety measurements such as blind area mirrors, and/or speed bump. Anything that can reduce speed or awareness so drivers can avoid accidents like these.

unless ur condo management there got cctv to show the proof u can do something about it if not its a tough case

Is your fault.

He is at main road and your are exit from parking space

If you have lodge police report, I believe police already issue you compound

I saw the car from a far using the mirror on the wall at the parking lot. I was there first since she hit my left side front door as you mentioned. I thought I was in the right of way since I stopped to checked the mirror for on coming cars before i can turn safely.

Refer below

Refer below

Yes, @degraw19 & @loui, the investigating officer has issued a compound to me. I felt unfair as i suspect the other driver was speeding and playing with the phone even in the parking lot while driving straight to the exit.

Reason is that the damage to my car was quite heavy for an indoor parking lot? and there was no horn from the other party that also indicates that the driver did not pay attention? (normally a reasonable action is to jam the break and sound the horn right?)

According to the other party, i asked why you drove fast? she replied tak sempat brake..

The white car is mine and the black car is the other party.

I told the investigating officer that it was unfair for me since I stopped and checked for safety before turning. and if the other party was speeding in a PARKING LOT and without paying attention, how is that my fault?

Shouldnt the other party be responsible?

In the end, the investigating officer got offended even though i spoke politely and she loudly say that I tak puas hati, then you tanya officer lain in the accident department. All the officers there laughed at me and say I dont know the law. I told them it was just unfair on my part it seems.







This post has been edited by BacktoBasics: May 23 2022, 08:01 AM

You stop, you saw the car, you go out the junction. She hit you at side. Your fault. Your judgement is wrong. You said it yourself, you suspect her speeding because of the damage. What is her speed? Can you proof it? You saw her mean she is there first to proceed. She hit your car side mean you are not safe to exit because you can't complete your exit before she arrived. It might be a different story if she hit your backside.

Too bad thats how it works.

If u think its not fair u can always go sue the other party in court.

Like the previous guy mention

The other driver has the right of path hence you are at fault

You may refer back to the handbook when you study for your paper exam for driving licence

Her speeding may have contributed to the accident but majority still due to you ignoring her right of path

If you are not happy, can dispute the compound and seek for a trial at court

And you can try to convince magistrate

Dear LYN forumers, thank you for the clear insight and sharing of your opinions on this matter. I will man up as my fault and take the summon.

Just fyi, i did some researching and investigation, max speed limit in any mall, parking lot, housing area is 15 km/h.

Thank you all for the comments!

Fault is measured by percentage by police and judge

For example, she speed at parking area, 15% at fault

You exit from car park to main road, 85% at fault

Hence in this case you are more to be blame, that's why police compounded you

By honest view, even if you dispute the compound and seek a trial in court, most like the magistrate will come to similar decision as per police

This measurement is how whenever we kena accident with motorbike... they will claim personal injuries and we lose our NCD... even if its 95% their fault...

For something like this, speed will be ignored most of the time. Except she is speeding dangerously with evidences. Even if she is proven speeding the cop can just compound both of you because you are still at fault. Just be careful next time. If you can't complete the turn it is not safe at all. May your day be brighter after this accident.

Well noted on this.

In a spur of a moment, i just felt that the law was not that fair in my own opinion.

For example, If lets say a car has stopped and checked for on-coming cars from a straight road and the car seems far away enough for your to turn out into main road.

Therefore, as you turned slowly as you are in a junction with sharp corners, the on coming car (lets say old damaged car) could SPEED UP like mad hoping to hit the side of you to get compensation in a mall parking lot.

The substance of the matter seems like the one who has the clear view of the main road should have also slow down and stop?

*By the way, not arguing* just a debate and discussion.

For motobike is different story, I think this is mostly insurance policy problem. Headache if dealing with motor. If he hit you how to claim their insurance is very unclear. They even pay for insurance also. Why can't we claim for damage from them? By cc, weight etc motor insurance is much higher than car. I own both vehicle. I also hate the system.