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

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BacktoBasics
post May 22 2022, 06:38 PM

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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
BacktoBasics
post May 23 2022, 07:56 AM

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QUOTE(WaCKy-Angel @ May 22 2022, 09:08 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.
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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.

QUOTE(degraw19 @ May 22 2022, 09:18 PM)
unless ur condo management there got cctv to show the proof u can do something about it if not its a tough case
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Refer below

QUOTE(loui @ May 22 2022, 11:12 PM)
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
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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.

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This post has been edited by BacktoBasics: May 23 2022, 08:01 AM
BacktoBasics
post May 23 2022, 10:36 AM

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QUOTE(Noryume @ May 23 2022, 10:18 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.
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QUOTE(WaCKy-Angel @ May 23 2022, 10:24 AM)
Too bad thats how it works.

If u think its not fair u can always go sue the other party in court.
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QUOTE(loui @ May 23 2022, 10:25 AM)
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
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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! thumbup.gif
BacktoBasics
post May 23 2022, 10:53 AM

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QUOTE(loui @ May 23 2022, 10:42 AM)
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
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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.
BacktoBasics
post May 23 2022, 11:19 AM

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QUOTE(WaCKy-Angel @ May 23 2022, 11:10 AM)
U can try to get CCTV footage from management if indeed she playing phone then u may have a chance at court to claim TPPD from her.
For examples above you need to solid proof that the other party is either driving recklessly or intention to do damage.

Alot of things are very technical and depending which area your car is hit, being if your car was hit at the rear passenger door or later, that might gives a different outcome.

Btw accidents at private properties (carparks) and public roads are very much different ya.
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CCTV footage couldnt see the heavily tinted windscreen.

But she was indeed faster than usual in a parking lot and cctv footage shows no signs of braking for the other party also. Maybe due to panic? and again no horn from the other party also. Which i think sounding the horn should be a natural reflex if you are about to get into an accident? On why there was no horn, it is arguable. haha

For my case, i believe that there is no intention to cause harm but just careless on both sides.

This post has been edited by BacktoBasics: May 23 2022, 11:21 AM
BacktoBasics
post May 23 2022, 09:46 PM

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QUOTE(knumskul @ May 23 2022, 02:23 PM)
If indeed other party was speeding, onus is on you to prove it. But lets say they were, then they are at fault for speeding and will be fined for speeding.

However you're at fault for causing the accident as you turned out into the path of the oncoming vehicle when it wasn't safe to do so. Therefore causing the accident, and fined for causing the accident.
IIRC there is a law where if you fail to prevent accident, you're at fault for the accident.

It is not about who was there first, but who has right of way. You felt it is unfair because you're applying "first come, first serve" rules instead of right of way.
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Understand where you are coming from. Thank you for sharing

 

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