First of all, you need to have a Keputusan Penyiasatan Kes from police and stated it is the motorcycle fault,
and also submit Rajah Kasar Tempat Kejadian, car damage picture and other related documents (submit photostat copies only)
from police to Claim Department of your insurance company.

Photostat 2 sets, submit one set photostat copies, and ask insurance company to acknowledge second set photostat copies for you to keep as proof. You always keep the original copies.

The chance can claim from insurance company is usually at least 80%

Later I post the letter how to claim from insurance company and without deduct your NCD..

This post has been edited by TangkapPenipu: Jan 12 2018, 09:58 AM

Generally, if accident involved motorcycle, ODKFK not applicable regardless of which side is at fault....

However, still a good idea to check with your insurer.

This post has been edited by wkc5657: Jan 12 2018, 10:57 AM

I'm actually directly deal with the allianz claim department and asked other parties for input, they said the ppl no report to police, so I can't transfer to odkfk, summore the statement is saying BOLEH DITUDUH, there is no firm answer to say AKAN DITUDUH:

"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."

Stupid claim department, I boikot allianz now

This post has been edited by reeve-826: Jan 14 2018, 08:20 AM

Thanks for the clarification..Bro


Bro, here is the real letter of a car accident victim who wrote to his insurance company.
I was allowed to write it down from the above PIAM shop:


To: xxx insurance company

Accident vehicle number:
Accident on (date) under insurance policy number________________

With reference to the above matter, I am the owner wish to inform you that I had an accident on (date) along Jalan (accident place)
and until today the police sergeant told me that this vehicle no WKN7729 did not lodge the police report.
Please refer to the Keputusan Penyiasatan Kes, JPJ search report, police's rajah kasar tempat kejadian for your attention.

Kindly look into this matter and this is not my fault during the accident. Therefore I wish my NCD can remain and no deducted
after I claim my insurance.
Thank you

Greetings all sifu and masters. sorry if I got the wrong forum. I need help. My stationary vehicle was damaged by a car in parking lot. Can advise? I will continue if I am in the correct area. Got the feeling being playout and intend to sue.

Thousands of thanks in advance.

Own damage claim and loss ncd. Report police and most likely the sergeant will classify this case as 'NFA'! ' non further action'! Or you can file a claim against the carpark operator as a civil suit! It would be good if you are able to obtain the cctv footage as proof!

I finally received all quotations last week.
I will submit one of them to court next week.

Will update here.

YOu can also file a second report of Police in action for allowing illegal car and drivers on the road.

by right, all these insurance are crap. y buy insurance if the insurance agents and workshops were lazy. Everything victim must checked for them.

I know a lot of malaysian will letting go of offenders. This typical mentality will happened to them again , karma will go back to them due to their inaction.
your car repair is not RM 300. It's probably around RM 700-1000. how about the lamp?

I do not know if it is useful to file for a 2nd police report about no insurance and no road tax?
I already talked to traffic sergeant twice about this issue, but for some reasons he did not want to
take action, sergeant's assistant suggested me to join Rela polis bantuan if I wanted to catch this offender.

The head lamp is okay luckily.

This post has been edited by TangkapPenipu: Feb 1 2018, 05:37 PM

what i meant is file a report on the sergeant for incompetent and request for change of investigator. if he refuse to take action he must provide a write up for legal matter, tell him. tell him u need supportive document and see what he has to say.

if he refuse to take action, he may be an accomplice for this crime and conspiring to close the case . tell him it won't look good for his retirement report/

Sergeant's job is over since after he gave me the letter of Keputusan Penyiasatan Kes, with this letter I can claim the offender's car insurance (but he does not have it)
or sue him in court for my car damage.

But if regarding to no insurance and no road tax issue, nobody (I talked to JPJ, traffic police and court) will take action unless he get blocked in road block.

I guess there is no law to allow police to go to his house to arrest him just because of no car insurance and no road tax.

Anyway, I can only sue him in court to claim my car damage repair fee only.

actually, the polis and jpj bs you. the sergeant job can prosecute the person for illegal driving, jpj can blacklist and compound the car or tow away the car. these people are being lazy only.

u have to be persistence only but next time, u have to bring a buddy as witness. When they saw someone else beside you, they will ask who is he/she. tell them my witness. sometime when another person is around, the officer will be afraid to bs. and one more thing, ask them to sign what they said. u mean business.

sue him till bankrupt + jail

I already wrote down the defendant has no car insurance & road tax on page 2 of Borang 198, let's see what the judge is going to say.

The bicara date is scheduled at 9.00am on 19 March 2018. No lawyer is allowed to involve. So far, I paid RM 20 to E-Filling office (on 1st floor or main floor of Magistrate Court) to file this case.


This post has been edited by TangkapPenipu: Feb 10 2018, 01:22 AM

I do not think he will come to bicara on that date, I think he will throw the Borang 198 (letter I sent him to ask him to come to bicara)
to a trash can, end up he will be arrested because of not showing up in court.

Page 4 of Borang 198. This page will guide the plaintiff step by step to take legal action from the beginning to the end:


I went to check his house address about 3 weeks ago, I saw his car was inside his house compound, when I was taking picture of his car,
his house got 2 very vicious big dogs barking on me. He has money to buy dog food, but no money to compensate me..


This post has been edited by TangkapPenipu: Feb 10 2018, 12:10 AM

So will the sargent will be appearing in court as well ?
I remember our govt have their own lawyer to defend you. have you asked?

No, I do not think Sergeant will appear in court.
Issuing the letter of Keputusan Penyiasatan Kes from Sergeant is his last job.

Page 4 of Borang 198 is stated Plaintiff cannot hire lawyer, everything I have to do it by myself.


Page 4 of Borang 198 explains the whole lawsuit process in between Defendant & Plaintiff.

i presumed he have received the magistrate letter , did he making any tuntutan balas or admit his fault yet. and he has to send back the form to inform you of his decision.

how much money are you claiming from him. during the repair period, you also lost transportation , you can claim your commuting like taking LRT or UBER? can u?

I just sent the Borang 198 (with court stamping) to him yesterday, he should receive it before Chinese New Year, so this is a good
gift for celebrating his Chinese New Year..

I think this will make his life easy if he is willing to admit his fault and pay for my repair fee.
Otherwise, he will need to fill out Borang 199 in 14 days from the date he received my Borang 198.

Based on what I know about him, I think he will ignore all letters that have send to him.

I guess he will not come to court and this is his ending story:


Sorry, I think it is inconvenience to disclose my claiming amount now, maybe I will tell you after this court case.
I only can claim my car repair fee based on quotation; other expenses cannot claim

This post has been edited by TangkapPenipu: Feb 10 2018, 07:47 PM

Deleted

This post has been edited by TangkapPenipu: Feb 10 2018, 07:44 PM