Details Desciption in How Insurance & Claims Works - Can be Download in PDF Format

I have seen many people posted accident related questions. Will try to compile and help out. Any questions will be answer in the 1st post. Won't guarantee 100% accuracy but I will try to answer as correct as I know. Please tag my name with your question in case I miss out

Claim claims guide from insurance company
MSIG
MCIS Zurich
Am General
Allianz
Etiqa
Pacific & Orient
Axa Affin
AIG
Tokio Marine
Berjaya Sompo
Kurnia/Am General
Lonpac
MPI Generali
Persatuan Insurans Am Malaysia
Q : What happen when I involve in an accident?
A : Don't move your vehicle first, get down, take photo from all angles, make sure all the silent evidences (debris, brake mark, blood stain...) that support your version are clearly taken and most important, vehicle plate number can be easily seen in the photos.

Q : What's next
A : Call the police if the accident is serious and wait for police to arrive to scene. If is minor accident, just proceed to the nearest police station

Q : There is a tow truck guy approach me to help out and ask me to sign a letter. Should I allow him to tow & sign the letter?
A : Insurance company offered free towing service usually within 40KM distance. Ask tow truck guy nicely(most of them are thugs), whether they are insurance appointed tow truck company. If no, refuse their service and don't sign any document. Call your insurance hotline and ask for a towing service. However some insurance company does cover up to RM200 transportation fees.

Q : I am not happy with the way tow truck guy force me into signing the agreement, using them and charged me expensively. What can I do?
A : Tow trucks are governed by Automobile Association Malaysia. AAM clearly listed  fix rate in their website. If you dislike the way they conduct their service or price is exorbitant, you may call up and complaint.

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Q : What if both of us decided not to claim insurance, should we still lodge police report
A : On safe side, I still advise you to lodge police report, as you never knew what is on other's mind. They might change their mind and report later and you will be slap with RM300 compound for lodging police report late. Just in case, lodge police report with detail description of the vehicle but left out the vehicle number. For example, "saya terlanggar sebuah m/kereta no tidak diketahui, jenis Proton Saga berwarna putih". This is to avoid other hit & run case that happen on the same day to blame on you.

Q : What if I give him some money as compensation, can he still claim against my insurance
A : Yes. Hence don't bother to pay any cash compensation as the other party can still claim against your insurance.

Q : Should I pay the police compound/saman despite the other side is at fault
A : It is up to your discretion. However to challenge a compound/saman, you need to attend to court to explain yourself, which some find it tedious. Many didn't realized that in your insurance policy, insurance company will pay legal costs incurred up to a maximum of RM2,000.00 for defence of any charge including the charge of causing death by driving the Motor Vehicle(other than murder). If your accident has resulted in many casualties and injuries, just rang up or send a letter to the insurance company, they are more then willing to engage lawyer to defence you for free as your compound/saman will greatly affect them if the other parties are claiming.

Q : I knock into object (tree, divider, lamp post). Can I claim under OD? Do I need make a police report?
A : Normal circumstance, not required. You just send your car to panel workshop, fill up claim form and workshop will proceed from there.

Q : What if the object's owner sue me for the damage of the said object?
A : You need to lodge police then, forward a copy of notice of claim served to you to your insurance company and let them handle on behalf. You insurance company will pay on your behalf.

Q : How to make a claim
A : There are mainly 4 types of claim. Own Damage Claim (OD), Own Damage Knock for Knock (OD-KFK), Third Party Property Damage Claim (TPPD) & Third Party Bodily Injury Claim (TPBI). Will not go further since someone did explain further in the other thread

Q : How to make an OD(vehicle repair) claim
A : You can do it only if you bought comprehensive policy. Sent your car to a panel workshop. You can check from them by demanding appointment letter from the insurance company or just call up the hotline to confirm so. Never send your vehicle to non panel workshop as you will have difficulties to claim and end up incurred cost for transferring to another panel workshop. From there, the workshop will settle it for you.

Q :Insurance company refuse to pay my OD claim
A : Under insurance policy, insurance company is entitle to deny you claim if
1. drunk
2. under drug influence
3. involve in illegal activities (ie. rempit) or motor sport competition (ie. rally)
4. war, act of terror & riot
5. natural cause (ie. flood, earthquake, landslide...)
6. no license

Q : I was told to pay compound for RM400 before they allow my OD claim
A : Insurance policy has clause which stated that if the driver is below 21 years old or holding license L/P or is not named in schedule, they will have to pay RM400. Something like saman for allowing incompetent driver to drive the car.

Q : What do you mean for allowing driver not named in schedule to drive
A : While buying insurance, the policy will have column to put names of people who regularly use the vehicle. Each name cost around RM10. If you did not register the name in the policy, you are deemed to be "not named in schedule".

Q : I was told that I can't claim against a m/cycle and public transport. Is it true?
A : False, you can't claim against m/cycle and public transport through OD-KFK procedure but you can still go ahead to initiate a TPPD claim.

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Q : Can I initiate TPPD claim personally
A : Yes. Refer to this sample letter and attached all relevent documents and send it to insured company of third party vehicle.

Q : I went on to initiate TPPD claim against the public transport as per your advise but why my claim is rejected?
A : First of all, call the claim assessor to find out the reason. In many circumstances, lay man like us will ask the workshop to do for us. Note that workshop staff is also lay man like you. They might proceed to initiate the claim via OD-KFK method instead of TPPD. Insurance company has no right to reject your TPPD claim unless both of you are disputing on the fact of the case. Note that if once you have commence OD claim against your own insurance, you have deem give up the right to claim against another vehicle.

Q : Can I claim through OD-KFK if the third party fail to lodge police report.
A : Yes. Apart from normal documents like police report and Police Investigation Result(must show third party compounded for traffic offences), you need to sign statutory declaration(SD) to affirm how the accident occurred. SD can be done through commissioner of oath.

Q : How do I know whether I am entitle to OD-KFK claim?
A : Different insurance companies have different methods but there is a standard requirement for it. 1st, both you and the other vehicles hold comprehensive private car policies. 2nd, police has clearly find the other parties at fault and has compounded him. Just make sure when you send your car to workshop, tell them precisely that you want to do an OD-KFK claim. Workshop staff will guide you through since it is quite common practice.

Q : Will I be compensate for the period which my vehicle is in midst of repairing
A: You can do it provided you claim through TPPD method. It is term as "loss of use". Amount is base on the type of vehicles & engine capacity. Note that period of compensation starts from the day the insurance company's appointed adjuster confirm the damage till the day of the vehicle has been fully repair.

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Q : I am not satisfied with the offer for "loss of use". What can I do?
A : The amount & duration stated above are merely a guideline from PIAM. Hence it is no legally binding to insured/you. To enable you to claim more, you have to rent a car from a registered car rental company. Only receipt from registered car rental company will be entertain. Or alternatively, if you have file your case in court, get your lawyer to argue for you. Sometimes judge might allowed if you managed to convince him.

Q : How to make an injury claim
A : You can only make an injury claim against the other vehicle that knock into you. You can either do it personally or get a lawyer to do for you.

Q : What is the different between getting a lawyer and do it personally
A : If you get a lawyer to do for you, they will take a cut from your claim. Market rate is around 30%. If you win, they take their cut. If you lose, you don't have to pay anything to them. The good part in getting a lawyer is that they will handle from A to Z  and they will try to get as much as possible since they know roughly how much you can get.

Q : How much can I get for my injury
A : In injury claim, 2 things determine the claim amount. The type of injury itself and liability. You can download the compendium for personal awards here.

Q : What is liability
A : Liability simply mean who is wrong/right. In accident case, liability affect the claim. Let's say you are 30% wrong and the other vehicle is 70%. For a claim worth RM10,000, you will get 70% (RM7,000). Hence the more you can proof that the other party is at fault, the more you get. That goes back to the 1st Q&A where taking photos after the accident is essential as to proof that fault is on other side.

Q : What if I am totally at fault
A : You simply don't get anything if you are at fault however insurance company will offer you ex-gratia (saguhati) offer to avoid dragging the matter and incurred cost engaging lawyer.

Q : Do you have sample letter on how to claim personally?
A : Sample (required documents are stated in the sample letter)

Q : What if the other vehicle don't have insurance?
A : You can still claim but against the driver personally. But you will have tough time to get money from him if he is poor. However if the vehicle is belongs to a company, by all means, get a judgement in court and demand him to pay, failing which, wind up his company. As for the unlucky one, government has set up "MOTOR INSURERS BUREAU MALAYSIA" to allow victim to get some ex-gratia compensation if the other vehicle does not possess valid insurance coverage. The downside is, they will only pay nominal sum. For example, a RM10,000 claim, they will pay you RM1,000 ~ RM2,000 (depend on your negotiation skill). Still it is better then nothing. Address as below.

MOTOR INSURERS BUREAU MALAYSIA     
3RD FLOOR, WISMA PIAM               
150 JALAN TUN SAMBANTHAN           
50470 KUALA LUMPUR               
MALAYSIA             

Q : Lawyer offer me friendly cash loan, saying that they will deduct from the money I win. Should I take it?
A : I would suggest not to unless you are in financial difficulties. Mainly 2 reasons. 1st, they charge registered money lending company@ah long rate interest. 2ndly once you took the money, you will have hard time to change to another lawyer if this one is not doing their job properly.

Q : I involved in an accident and has lodge police report. The injured party is filling the claim in court. Do I need to attend court?
A : Yes. Police report is useless in court if the maker(you) fail to testify in open court. Most insurance companies have clause in their policy that allows them to "compound" you for failing to testify. Whether they would exercised the clause is highly doubtful.

Q : I attended the court everytime I was told to. However my case gets postpone many times. This is wasting my time and energy, what should I do?
A : Talk to the lawyer in charge, ask them whether it is your turn in the next date. You, as the defendant, are usually listed as the last person to testify after Plaintiff and policeman. Find out whether both of them have testify. You can also tell them that you don't have transport. Insurance company will usually arrange transportation for you and if you are firm enough, you can ask for some token of compensation to attend court.

Q : What if I failed to attend court?
A : Your police report will not be taken into account and insurance company will lose the case. In this event, insurance company has the right to claim ask you to pay back all the money incurred on ground of non-cooperation. However chances of them exercising the right is subjective.

Q : I don't think I am at fault. I want to challenge police compound/summon. What should I do
A : How to challenge police compound/summon

Add On Question

Q : Do you happen to have a list of recommended insurance companies?
A : There are pro and con of each insurance company. Bigger companies have bigger network of workshop, however their claiming process it much slower due to volume. If you are staying outside big city, I suggest you to it from bigger companies. List of general insurance company

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Q : Where to purchase insurance online?
Fireflyz @ AIG
MYEG @ RHB
Maybank
Motortakaful @ Etiqa
HSBC @ AXA
Berjaya Sompo
Kurnia Insurance/Am General
MPI Generali

Q : How much is my insurance premium?
Imoney Calculator
Oto
Einsurance

Q : What is my current NCD entitlement?
Mycarinfo

Q : What is my vehicle current value?
Mycarinfo

~~~ to be continue ~~~

what do you mean as white list and blacklist?

to be frank, they are pro and con of each insurance company

big company like

AMG (formerly Kurnia) - main player for car insurance
Alliaz - main player for commercial vehicle insurance
Pacific & Orient - main player for m/cycle insurance

the good thing is that they have extensive network, hence their authorized workshop is every where in malaysia

bad thing is that they are slow in assessing claim due to the volume

if you are staying outside big city, try to get those

if you are staying inside big city, opt for smaller insurance company

List of general insurance company

so far the active one are AMG(former Kurnia), Allianz, Berjaya Sompo, Liberty(former Uniasia), Lonpac, MSIC, Multi-purpose, P&O, OAC & Tune

Those are base in 2015

As of 2024, top 5 are
1. Liberty
2. Allianz
3. ETIQA
4. Zurich
5. Generali | Tokio Marine

All those 5 are relatively good in their OD department

Hence it is okay to choose among those, just go for the cheaper one

No

you kena fork out from your pocket

unless you opt for TPPD claim which will take much longer time

pretty much that is your only choice

OD-KFK can only be done if the other party is a m/car with comprehensive policy

the only choice to avoid losing NCD is TPPD

but it involve adjuster evaluation, lawyer, court process, and no guarantee the other party is financially capable to pay the court judgement

Can claim under third party uninsured losses

all insurance company is using a similar system

hence we can see your claim record

but not all company practice the habit of checking it while allowing you to renew the insurance

you can try your luck to shop around different insurance companies

Like the next guy mention

Do able but a bit tricky

Easiest way to do is to lodge a police report now and stated you have dash cam record in car

Make sure you tell them the dash cam is install by you

Subsequently submit documents to your insurer

Tell them the whole story and ask them to guide you to claim under OF no fault liability claim

Different insurance has different way to deal with it

Just did mine with the commissioner recently.

What you need are:
1. IC
2. Police report
3. Police decision
4. Car damage picture FROM the police with the report number
5. Your insurance policy.
6. The other party's insurance details (can get from JPJ, but you need to have the police decision first to request, normally if you are victim and police has ruled in your favour, JPJ will give)
7. A front page letter stating all the above are true and that you want to claim third party. You may need to summarise your case also.

You can also use https://www.mycarinfo.com.my/ to check which insurance the other party is using. Don't think can use for the above though.

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.

Got involved in a small accident. The other party salah. Summon issued to her.

Police says can take report today, but keputusan need to wait 2 weeks.

1. To claim OD-KFK, do I need keputusan? Or just
My report + my documents + her report (If able to get) + her insurance cover note (if able to get)?

As of now car still can be driven and I need to use the car.
2. How should I notify my insurance company? I give a call to Insurance agent just now, do I need to email to notify?

Thanks all