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 Accident no insurance,no road tax,no police report, WKN7729 Chen Yoon Kwee in Salak Selatan

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TSTangkapPenipu
post Dec 23 2017, 02:42 PM

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QUOTE(Dwango @ Dec 23 2017, 02:30 PM)
It cannot be nothing cannot be done to whoever this guy is who did not have vehicle insurance and road tax on his car. There is a law to everything. Check out one of the posts above by ISR25. He has given the appropriate advice which you should go and find out yourself. The Small Claims court or tribunal.

Firstly, it is already an offense to drive a vehicle without road tax and/or insurance. So if found guilty, he not only need to pay the fine for not having a valid road tax and insurance, but also the fine and compensation for the damage that he had caused to your vehicle. Try calling up the Small Claims Tribunal and find out from the officer. You can usually submit your case in if the police cannot do anything for you.

The police didn't give you advice on the ways you can take for your case?
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Seargent gave me a sample letter of sumpah (as attached below), he just asked me to claim car insurance from the offender.
Sergeant did not mention about the offender Chen Yoon Kwee had no insurance & road tax.

I just found out Chen Yoon Kwee has no insurance & road tax from JPJ few days ago.

I am checking out the post by ISR25.
Thanks Bro.. thumbup.gif

Attached Image

QUOTE(Dwango @ Dec 23 2017, 02:33 PM)
The application fee for submitting in the case to the Small Claims court is RM5 only if I am not mistaken, a processing fee.
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Thanks Bro thumbsup.gif


This post has been edited by TangkapPenipu: Dec 23 2017, 02:45 PM
Dwango
post Dec 23 2017, 02:50 PM

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QUOTE(TangkapPenipu @ Dec 23 2017, 02:42 PM)
Seargent gave me a sample letter of sumpah (as attached below), he just asked me to claim car insurance from the offender.
Sergeant did not mention about the offender Chen Yoon Kwee had no insurance & road tax.

I just found out Chen Yoon Kwee has no insurance & road tax from JPJ few days ago.

I am checking out the post by ISR25.
Thanks Bro..  thumbup.gif

Attached Image
Thanks Bro  thumbsup.gif
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Ok. Whatever it is, do pursue on the case. It is unbelievable these days that there are still people who have the guts to drive around without a valid road tax and/or insurance on their vehicles. And worse still, the offender didn't offer any compensation after an accident and can still walk away scot-free. Doesn't make any sense isn't it? He has committed two offenses and by right he should pay both fines. Otherwise he could end up in jail.
19 Degree South
post Dec 23 2017, 05:43 PM

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QUOTE(TangkapPenipu @ Dec 23 2017, 02:12 PM)
Bumper got some minor scratches also, and the black inner layer inside fender is also broken.

Yes, according to a PIAM workshop, can claim, even if the damage is RM 200 also can claim, but provided the offender side has a valid car insurance.

If the offender does not make a police report but with a valid car insurance, the PIAM workshop can use OTKFK to claim from the offender's insurance.

But for my case, all people said I cannot claim (includes JPJ & PIAM Workshop) because the offender Chen Yoon Kwee has no car insurance.
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Third party claim against the offender is nil! Own damage claim is valid but you will lose your NCD and also you need yo check whether your car policy is with a excess clause.
cuber
post Dec 23 2017, 11:50 PM

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I just realized this from reading on this thread, so what is the point of us having to pay road tax and car insurance? Seems like nothing can be done to him, no road tax and no car insurance, police also say cannot do anything, is this for real?

Someone please enlighten me
SonnyCooL
post Dec 24 2017, 02:49 AM

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QUOTE(TangkapPenipu @ Dec 23 2017, 12:47 PM)
Thank you very much Bro  thumbsup.gif
No,  how to verify? But I can recognize the offender's face - Chen Yoon Kwee.
According to Sergeant, Sergeant sent him a few letters to ask him to make a police report (to explain and verify), but he did not come.

Right after the accident on the same day, Chen Yoon Kwee and I went to a nearby workshop (I think it is an illegal workshop without business license) that Chen Yoon Kwee was familiar with,
the workshop's boss taught Chen Yoon Kwee (talked about this in front of me  rclxub.gif ) just to ignore everything, police and me could not do anything to against Chen Yoon Kwee.

Now I am just aware our Malaysian laws' grey area:
What if the car accident offender does not go to make a police report:
(1) Difficult for police to issue saman to offender
(2) Troublesome for PIAM workshop to claim the offender's insurance, but PIAM workshop still can use OTKFK method to claim from the offender's car insurance.

I do not feel comfortable to let this offender to escape from justice.

Why somebody can drive a car without insurance and after involve in an accident then do not need to responsible? What kind of world is this?
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QUOTE(cuber @ Dec 23 2017, 11:50 PM)
I just realized this from reading on this thread, so what is the point of us having to pay road tax and car insurance? Seems like nothing can be done to him, no road tax and no car insurance, police also say cannot do anything, is this for real?

Someone please enlighten me
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remember there is two different case.
case 1. car accident - go traffic polis station report for car accident.
Case 2. None register car and invalid supporting OTR doc, that is crime (cheating GOV), that u should go to normal polis station to make report. (cause Traffic n Normal polis is two different division).
good luck.
Intrigue
post Dec 24 2017, 08:01 AM

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Like that next time no need renew our car roadtax and insurance and go on a spree
Ginny88
post Dec 24 2017, 08:46 AM

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Send his details to JPJ. They may be more willing to take action than the police who have their hands full with more priority cases.

ykj
post Dec 24 2017, 09:04 AM

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QUOTE(TangkapPenipu @ Dec 23 2017, 01:57 PM)
Most Chinese characters are like this... waste of time lah, no worth it lah..They do not care about justice.

I will not give up, I will use my minimum cost to send this Chen Yoon Kwee to court.. mad.gif
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Yes the worst trait to follow is don't care. Seek the justice and teach these crooks a lesson.

I had heard cases where non-reporting party can be summoned as well, although the process is longer and the offense clearly shown by that party.
edmundchong0929
post Dec 24 2017, 10:31 AM

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Frankly speaking, a roadtax of a car is just to avoid polis saman us when they do roadblock only

car roadtax doesn't help anything, that's why nowadays so many motorcycle don't have road tax, & olden parents always ask us to be careful on motorcycle, don't bang them, it is not claimable, simply because mostly motorcycle don't have roadtax & majority of them are under-age or foreigner that don't even have LISENCE
Dwango
post Dec 24 2017, 10:35 AM

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QUOTE(19 Degree South @ Dec 23 2017, 05:43 PM)
Third party claim against the offender is nil! Own damage claim is valid but you will lose your NCD and also you need yo check whether your car policy is with a excess clause.
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Why need to claim your own insurance when it is not your own fault?

The appropriate thing to do here is to carry out the repair by using your own money and not by claiming through your own insurance. Then, with the police report and the bill of repair together with other necessary documents, submit them to the Small Claims Court tribunal to get the offender to the court to claim for the expenses. I'm not sure if other additional expenses to the repair bill such as time and cost of the hassle that the offender had brought can be included in the claim too, such as mileage claims and taking leave from the job to attend to all these.

However, the most important thing is to get the offender charged in court for giving you the hassle since the user here cannot claim on the offender's insurance policy since he doesn't have one. If the offender was summoned to court, he will not only need to compensate the plaintiff but also pay the fine for the offense he had committed for not having a valid vehicle road tax and insurance on the vehicle. The police should have issued the summons to the offender in the first place but apparently that had not taken place yet. Or perhaps the police hasn't found about about this offense.
Dwango
post Dec 24 2017, 10:40 AM

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QUOTE(edmundchong0929 @ Dec 23 2017, 10:46 AM)
in Malaysia, citizens always got a mentality of ....x apa lah, ok lah, biar sahaja la...

so if you want to claim opponent of your regardless claim, i would advise you no need to waste such of time to follow up anymore

Non of the people will entertain your case, all of them will choose "lepas tangan" instead of giving up a hand to help you seriously.

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QUOTE(edmundchong0929 @ Dec 24 2017, 10:31 AM)
Frankly speaking, a roadtax of  a car is just to avoid polis saman us when they do roadblock only

car roadtax doesn't help anything, that's why nowadays so many motorcycle don't have road tax, & olden parents always ask us to be careful on motorcycle, don't bang them, it is not claimable, simply because mostly motorcycle don't have roadtax & majority of them are under-age or foreigner that don't even have LISENCE
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In your earlier post above, that's a poor attitude and example you are showing.
edmundchong0929
post Dec 24 2017, 11:39 AM

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QUOTE(Dwango @ Dec 24 2017, 11:40 AM)
In your earlier post above, that's a poor attitude and example you are showing.
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ok la, then you go claim la, i wish you all the best, i just telling my opinion only


edmundchong0929
post Dec 24 2017, 11:41 AM

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opinion is only for reference, if no people want to know about it, i am ok of it

i just saying out only, no need to be so serious

if my advise is good for it, just proceed it

if got another better option, if workable, just go la
TSTangkapPenipu
post Dec 24 2017, 01:08 PM

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QUOTE(Intrigue @ Dec 24 2017, 08:01 AM)
Like that next time no need renew our car roadtax and insurance and go on a spree
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I raised this same question to a lady from PIAM last week --- http://www.piam.org.my/
She only said if no road tax, we will get into trouble when road block

I also raised this same question to Sergeant when he gave me the Kes Keputusan, he kept quiet..

QUOTE(Ginny88 @ Dec 24 2017, 08:46 AM)
Send his details to JPJ. They may be more willing to take action than the police who have their hands full with more priority cases.
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I talked to JPJ few days ago about no insurance & no road tax from the offender, but JPJ asked me to report to police... rclxub.gif
But when I requested the JPJ report of the offender, JPJ kept a photostat copy of the police report.

QUOTE(ykj @ Dec 24 2017, 09:04 AM)
Yes the worst trait to follow is don't care. Seek the justice and teach these crooks a lesson.

I had heard cases where non-reporting party can be summoned as well, although the process is longer and the offense clearly shown by that party.
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Thanks for your support.. thumbsup.gif

This post has been edited by TangkapPenipu: Dec 24 2017, 01:15 PM
TSTangkapPenipu
post Dec 24 2017, 01:35 PM

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QUOTE(edmundchong0929 @ Dec 24 2017, 10:31 AM)
Frankly speaking, a roadtax of  a car is just to avoid polis saman us when they do roadblock only

car roadtax doesn't help anything, that's why nowadays so many motorcycle don't have road tax, & olden parents always ask us to be careful on motorcycle, don't bang them, it is not claimable, simply because mostly motorcycle don't have roadtax & majority of them are under-age or foreigner that don't even have LISENCE
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Bro,
Scenario (1): If the offender hits your car, then the offender is lucky, because you will not make a police report and let him go like this, since you think this is waste of
time to claim from him.

Scenario (2): But now for my case, I would say this offender is unlucky because he hits my car, I will not let him go without any judgment on him.

So back to scenario (1), this is the reason why this offender has the guts not to have insurance & road tax.
Because this offender expects nobody will sue him because of the troublesome like what you said.

And this is one of the reasons why nowadays some vehicles do not have road tax & insurance, because of the troublesome to sue like what you said.

Correct me if I am wrong.. hmm.gif

This post has been edited by TangkapPenipu: Dec 24 2017, 01:39 PM
edmundchong0929
post Dec 24 2017, 01:49 PM

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QUOTE(TangkapPenipu @ Dec 24 2017, 02:35 PM)
Bro,
Scenario (1): If the offender hits your car, then the offender is lucky, because you will not make a police report and let him go like this, since you think this is waste of
time to claim from him.

Scenario (2): But now for my case, I would say this offender is unlucky because he hits my car, I will not let him go without any judgment on him.

So back to scenario (1), this is the reason why this offender has the guts not to have insurance & road tax.
Because this offender expects nobody will sue him because of the troublesome like what you said. 

And this is one of the reasons why nowadays some vehicles do not have road tax & insurance, because of the troublesome to sue like what you said.

Correct me if I am wrong..  hmm.gif
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bro, i'm able to give you opinion because i gone through all these hassels, anyway, whatever i wanna tell you, i already shared to you,

others, it's your decision bro, hope you are successful ya, your thinking same as me last time, but...haha...good luck
19 Degree South
post Dec 24 2017, 01:57 PM

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QUOTE(Dwango @ Dec 24 2017, 10:35 AM)
Why need to claim your own insurance when it is not your own fault?

The appropriate thing to do here is to carry out the repair by using your own money and not by claiming through your own insurance. Then, with the police report and the bill of repair together with other necessary documents, submit them to the Small Claims Court tribunal to get the offender to the court to claim for the expenses. I'm not sure if other additional expenses to the repair bill such as time and cost of the hassle that the offender had brought can be included in the claim too, such as mileage claims and taking leave from the job to attend to all these.

However, the most important thing is to get the offender charged in court for giving you the hassle since the user here cannot claim on the offender's insurance policy since he doesn't have one. If the offender was summoned to court, he will not only need to compensate the plaintiff but also pay the fine for the offense he had committed for not having a valid vehicle road tax and insurance on the vehicle. The police should have issued the summons to the offender in the first place but apparently that had not taken place yet. Or perhaps the police hasn't found about about this offense.
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I was just saying own damage claim is valid! If u are so free and plenty of money than go ahead and claim lor through tribunal ! No one is stopping you what! Btw, I applaud you for painting such a ideal scenario to TS! Everyone knows reality bites! whistling.gif
TSTangkapPenipu
post Dec 24 2017, 02:14 PM

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QUOTE(edmundchong0929 @ Dec 24 2017, 01:49 PM)
bro, i'm able to give you opinion because i gone through all these hassels, anyway, whatever i wanna tell you, i already shared to you,

others, it's your decision bro, hope you are successful ya, your thinking same as me last time, but...haha...good luck
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Bro,
Thanks so much for your opinion and input, I can imagine the hassles that you have gone thru.

I hope you can visit this thread often to see the update... icon_rolleyes.gif

TSTangkapPenipu
post Dec 24 2017, 02:27 PM

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QUOTE(19 Degree South @ Dec 23 2017, 05:43 PM)
Third party claim against the offender is nil! Own damage claim is valid but you will lose your NCD and also you need yo check whether your car policy is with a excess clause.
*
Yes, correct, cannot claim the offender's insurance, since the traffic offender does not have insurance.
No matter if I can claim or not, I will use my own money to repair first. I think not worth it to claim my NCD.

Thanks

QUOTE(19 Degree South @ Dec 24 2017, 01:57 PM)
I was just saying own damage claim is valid! If u are so free and plenty of money than go ahead and claim lor through  tribunal ! No one is stopping you what!  Btw, I applaud you for painting such a ideal scenario to  TS! Everyone knows reality bites! whistling.gif
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Please calm down, Bro

There is no right or wrong in between you and Dwango, but just 2 different opinions and stand points in between (1) to claim & (2) not to claim.

Dwango is just sharing his valuable info how to claim only.

But if for the justice for all innocent citizens in Malaysia, we should take legal action to against those buggers to warn them do not violate the law like this again.

Thanks for you info.

This Christmas is a bit too cold.... smile.gif

This post has been edited by TangkapPenipu: Dec 24 2017, 06:18 PM
Dwango
post Dec 25 2017, 10:11 AM

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QUOTE(19 Degree South @ Dec 24 2017, 01:57 PM)
I was just saying own damage claim is valid! If u are so free and plenty of money than go ahead and claim lor through  tribunal ! No one is stopping you what!  Btw, I applaud you for painting such a ideal scenario to  TS! Everyone knows reality bites! whistling.gif
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Can you clarify what is it about that "reality bites". What is that reality, please elucidate me.

Do you know how the Small Claims tribunal work? You don't need "plenty of money" but just a little of your time to get the case the tribunal. The purpose is not only with claims but to get the offender pay for going against the law.

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