Thank you for your support..

Sergeant gave me Keputusan Penyiasatan Kes was because that guy who hit my car did not make police report.

Keputusan Penyiasatan Kes (stated another party involved will be sued) from Sergeant is very important if you want to:
(1) claim his insurance if he has car insurance, get a PIAM workshop to use ODKFK if he did not make a police report.
(2) if no insurance then can sue him in Magistrate's civil court, no lawyer is required when sue him in Magistrate's civil court, like my case.

This post has been edited by TangkapPenipu: Jan 6 2018, 10:36 AM

The incident happened in Selangor area, penyiasatan under Ibu Pejabat Polis Dearah Sepang. I already got keputusan from Sergeant in 2016, results is
"Hasil siasatan awal yang dijalankan didapati ada kecuaian pada pemandu .WENxxxx. Walaupun masih belum membuat laporan polis, pemandu WENxxxx Boleh dituduh di bawah RULE/SEK .R10 LN166/59 dan SEK 52(2) APJ."

I'm very disappointed to follow up with the Sergeant as i got the answer from him is summon of no shows to report polis already issue to the company (lorry's owner) , and he said this is no longer his business, next action belong to court.

I also checked the company record in traffic summon, in few years time, i see many pages of list of their lorries kena traffic summans and also summons no show to report polis. Those summons NEVER PAY and business still operating as usual across Negerix2 !!!
Ish~ Lorry bang passenger car and COMPANY are in safe zone?!! Accused the bosses or shut down the company la pls!
What police really works or they just action nicely when ppl dead in accident or under media force?!! That is big lorry carrying sand!!

I see there is too much of loopholes in Malaysia Law! Never protect public / end consumer! If Singapore, confirm the company ready to shut down!

I already claim OD under my car insurance to repair, loss my 4 years PCB. I checked with insurance company for ODKFK, this will need the faulty party to admit their wrong by report to police and mention in Keputusan. Otherwise, no way to claim ODKFK.

Since i already claim OD under my vehicle insurance, i can still sue the company? I'm quite worry to against those big company (sand business) and i no sure their background.
However, I have photos of incident, company registered name marked at lorry and photo the driver IC.
I also have the driver H/P number but we never call.

Note: I heard from my runner who did my OD claim, the lorry driver do not have lorry lisence. Under malaysia law, if the driver without lisence, even he reported to police, victim still can't claim the lorry insurance, just wait court action against them (But..when they will catch the boss o?!!!)

Really pissed off

This post has been edited by reeve-826: Jan 1 2018, 09:56 PM

Mod to pin this thread.

Yes, I think you still can sue them in Magistrate's civil court with your Keputusan Penyiasatan Kes from Sergeant, and use your car repair receipt to claim
from them, maybe you can try to claim extra charges like RM 100 to RM 200 for your time, energy, money (car petrol & parking) that you used to go back and forth for many
times in between police station, insurance company, car repair shop, and also the inconvenience no car to use for few days (PIAM's ODKFK can help to claim RM 40 per
day for no car to use).

If Magistrate's civil court ask you why you did not file this case earlier, you can say you just get to know about how to sue them in civil court recently.

Yes, sergeant's job is over since you have the Keputusan Penyiasatan Kes from him, just like my case.

Why you worry since you have the Keputusan Penyiasatan Kes that is already stated you are right in this case?
You should win this lawsuit.

And some-more you have all important information to support and help you to win your case in court:
"photos of incident, company registered name marked at lorry and photo the driver IC.
I also have the driver H/P number but we never call."

Here are all addresses of Mahkamah rendah in Malaysia:
http://www.kehakiman.gov.my/ms/mahkamah/ma...eluruh-malaysia

I think you should file your case in Sepang:
Kompleks Mahkamah Sepang
Lot 1180c
Jalan Taman Seroja
Bandar Baru Salak Tinggi
43900 Sepang
Selangor

You just claim your car damage loss from the sand company first, I am afraid there is nothing we can do about no driver's license matter of the traffic offender (lorry driver).

Good Luck, Bro

This post has been edited by TangkapPenipu: Jan 2 2018, 09:59 AM

So far my documents is lengkap already,
1.) Police report
2.) Keputusan
3.) Offer letter from Insurance OD claim (how much need repair)

That time I contacted 2 ppl from the sand company, ppl who bang my car and his boss. Their boss take rude and scold me like a gangster via phone called. I feel threatened that moment.
I'm worry will them kacau me after log legal action to the company 😨

This post has been edited by reeve-826: Jan 3 2018, 10:13 AM

Bro,
Yes, do you have your car damage picture which was taken by the traffic police? It has traffic police official chop on the picture.

When I went to Magistrate's civil court last week, at first I just showed them 2 documents:
(1) Keputusan Penyiasatan Kes (favor to my side)
(2) Car damage picture with traffic police official chop on it.

2nd step: I need to get a car repair quotation
3rd step: I will need to fill out Borang No. 198 (fill out page 2 only)

I think you are worried too much, Bro.
How do they kacau you? If they kacau you, since you know who they are, you can report to police.
And maybe can sue them again in Magistrate's criminal court (not civil case anymore), and they all go to jail.

Obviously this sand company bullied you and they thought you could not do anything on them (like my case).

If we cannot seek for justice to sue those buggers to court, our country makes no difference from Somalia.

Deleted

This post has been edited by TangkapPenipu: Jan 3 2018, 11:50 AM

Yes keputusan come with photo of my car damage with Police Signature verified. For step 2, I don't have car quotation as this retain in workshop only, but I requested the offer letter from insurance company which content indicated which part to repair and total how much claim need pay to workshop.

Actually I don't know who exactly are them, if really kacau, they definately will use smart way. Malaysia is unsafe which personal information can retrieve using money.
But still I will log this to court. 🙂

This post has been edited by reeve-826: Jan 3 2018, 12:18 PM

Just adding some comments (probably not related here)
First of all, not all lawyer fees are sky high, there are some cheap lawyer around, you can check with your local politic parties for if any. And there are free legal advise available, just google. However, if a court case is needed, there will be charges, but based on what charging criteria. I am not familiar, but you can ask or check during the free legal advise session.
As above, the legal fee is not entirely free, it is from the court order awarded to the winning party, the amount is small consist of legal fee and court cost. which is based on sums of claims.
As above, cheap/free lawyer fees are normally awarded to the poor, so, need some luck if you not poor and just suing for a small claims.

and then, this is not applicable to TS, but just FYI. if any similar case like TS but this time, you are injured, you can claim your medical claim via MIB (Not Men in Black but Motor Insurers' Bureau)

Also, I not sure about this, but you can ask the free legal advisory if based on above accident claim, if you can also open another case for claiming the loss from the accident, including time spend, all others related fees/cost with receipt provided except legal fees or not. I will definitely ask if I have the time for it.....
That's all

Thanks TS for making our country better. Do keep us posted.
I would like to know what will happen to that nut case.

IMHO, claiming from an active company might be easier than claiming from someone that barely can afford car insurance / road tax, the individual has nothing to lose.
reeve-826, please also keep us posted if you have the will and determination like TangkapPenipu.


I see the main contributing reason for all these hassles being, poor enforcement i.e., lazy / ineffective police / JPJ, can just wait outside the junction of his house, summon him every time when his iswara is on the road, then can detain him / confiscate the car after couple of times.

Bro, just use your repair receipt to claim in civil court since you already used your own money to repair your car.
It seems you have more important evident than mine.

I do not think they will harass or kacau you only for this RM 1000+ repair fee.
If they threaten or kacau you, you can report to police.

I for sure will sue Chen Yoon Kwee until he drops off his underwear, just watch and see..

Thank You

This post has been edited by TangkapPenipu: Jan 3 2018, 11:04 PM

Magistrate's civil court office is a quiet place.
The first time when I walked in to Magistrate's civil court office, there were only 2 staffs, me and one visitor.
The second time I walked in, only me and 2 staffs.

As mentioned that is offer letter from insurance company which stated total how much of my insurance claim and which part to repair.
There is no receipt and I don't have to pay with my own money. It's approximate 4k+

Bro,
You were supposed to use quotation to claim/sue in Magistrate's civil court.
This means you should sue first, repair after...
4k+ is a lot of money..
Is this sand company address in KL?

I went to Magistrate's civil court office this afternoon.
I was the only visitor as usual.

When I arrived there I found out I wrote down wrong claim on Page 2 of Borang 198.
I just realized that I could only claim one amount based on a car repair quotation from a workshop.

The rest like Loss of Use (to claim RM 40 per day when car in workshop and no car to use), and personal expenses
like petrol, parking, phone bill, time consuming and etc all cannot be claimed.

And I need to write down a brief composition about this car accident on Page 2 of Borang 198.

After prepare everything nicely, I will go back to to Magistrate's civil court office soon.

That incident happened in 2016 and those runner wanna make money , so advise me to repair with insurance first and then ODKFK. The sand company address in Selangor but business across malaysia.

Take legal action is time consuming and I don't have transport is very inconvenient

This post has been edited by reeve-826: Jan 4 2018, 11:50 PM

Yes, understood you need to get your car fixed faster.

In your case, you have to file your case in Selangor, but not in KL.

Since you know you can do it in Selangor Magistrate's civil court, what are you waiting for?

Just go to Selangor Magistrate's civil court to ask for info and get the form to fill out,
staff there can help you.

By the way, why didn't you do ODKFK? You need to get a PIAM registered workshop to do this for you.
You mean your runner failed to do ODKFK for you?

The requirements of ODKFK, the ppl bang my car he must make police report and admit their wrong. He don't

According to 2 PIAM workshops, you can use Sergeant's letter to claim ODKFK even if they do not report to police.
If they do not report to police, they are wrong in the first place already.
If you can ask Sergeant to put down "di tuduh bawah rule/sek R17" on the letter is more easy to claim, this is what PIAM workshop told me.

You must ask more PIAM workshops for opinions, and choose the best who is more sincere to help you. You cannot only listen to one PIAM workshop.

Bro, a good news.

A PIAM workshop just told me, when you have the police letter (Keputusan Penyiasatan Kes) to prove this car accident is not your fault,
you can try to request to claim from your loss from your insurance company and without deducting your NCD, and your insurance must be comprehensive.

You must talk to insurance company's Claim Department, no need to talk to your insurance agent because your insurance agent cannot
help you in this matter.

This PIAM workshop also showed me letters from other people (who got hit but cannot claim) to claim from their insurance companies.



This post has been edited by TangkapPenipu: Jan 12 2018, 02:23 AM

if car A got hit from behind by motorcycle B
can car A owner use this method too?