TS will get back the claims to the repairs made, but not much else. Unless he hires a lawyer and sue for more damage. Lawyer fees would likely be high though, so this route is highly unlikely to be taken. Unless you own your own law firm and can send letter of demand

Do let us know the end result TangkapPenipu and good luck! Hope you get the judgement you deserve by the Magistrate. If the guy doesn’t pay up, the Magistrate can jail the guy up to 12 months and sell off his property/goods to pay your claims.

This post has been edited by isr25: Dec 27 2017, 07:14 PM

Hi Bro, I checked out your posts twice but I could not find any topic was related to this case.
Thanks for your info here.

I went to Kompleks Mahkamah this afternoon. I visited Magistrate Civil office on B1 floor.

Counter staff: Nak buat apa?
Saya: Cik, saya nak sue orang yang langgar saya, sini saya ada Kes Keputusan dari polis
Counter staff: okay..(she looked at my Kes keputusan Letter), you nak claim apa?
Saya: Ini gambar, bahagian kereta saya sini sudah gimik
Counter staff: You tahu mana dia tinggal?
Saya: Tahu, sini ada dia alamat di KL (I showed her JPJ report)
Counter staff: You pergi dapat quotation, dan kemudian balik ke sini, quotation mesti ada company letterhead. You boleh claim max 5 ribu di sini.
Saya: Langkah kedua macam mana?
Counter staff: You pergi dapat quotation dulu, saya akan bagi you tahu langkah yang kedua, saya takut you confuse kalau bagi you tahu sekarang.
Counter staff: You mesti kena buat semua kerja sendiri, you tak perlu lawyer
Saya: Kes saya boleh menang?
Counter staff: Biasanya boleh, saya tengok you document lengkap.
Saya: Kalau dia tak hadir di court?
Counter staff: Biasanya hakim akan keluar warrant tangkap dia.
Saya: Orang ini tidak ada car insurance dan road tax, boleh sue dia disini?
Counter staff: Siapa nak sue dia? Sini you dapat claim sahaja. Dia tak ada insurance dan road tax ini kerja polis. Kalau you mahu sue dia sebab dia tak ada insurance, you mesti dapat lawyer.
Saya: Police report ada guna ke?
Counter staff: Ada guna juga.

Conversation end... It looked like a good start.

So far I showed counter staff 3 things:
(1) Kes Keputusan letter from police
(2) car damage picture with police stamping
(3) JPJ report -- for the purpose to show the traffic violator's address only

This post has been edited by TangkapPenipu: Dec 27 2017, 08:43 PM

Made my day. I'm cheering for you.

You need to get it straight that you’re not suing him because of he has no insurance or road tax. You are claiming damages from him due to his own negligence and had to resort to pay out of your own pocket to fully repair your car since he has no insurance to cover your repair costs.

But I did not know quotation also can claim. I thought you need to bring receipt of the repairs.

Good luck bro.

Thanks Bro.
But not only for me, but for whole innocent Malaysian like you & me

Yes, actually I cannot sue him in Magistrate's civil court for his no insurance & no road tax violation. I can only sue for the repair fee.

Yes, that was what the counter staff said: tidak perlu baiki sekarang, dapat quotation dulu.

I will update here until this case ends. Thanks

I also face the similar case but hitted by a 10 ton lorry last year, he cheat me and no report to police. I have photo of incident place and driver IC, but my car repair using self insurance, still can sue? The lorry belong to company, sue the company or the driver?

Sorry to hear about this. You did not make a police report?
If you did not make a police report within 24 hours, you would get a RM 300 police saman, regardless if was your fault or not..
Why the lorry driver did not pay for your damage repair fee on the spot?

Sue the driver or company? I have no idea, Bro..
Anybody can answer this?

This post has been edited by TangkapPenipu: Dec 27 2017, 08:41 PM

It is not your job to sue him for driving without road tax and insurance, it is the job of the public prosecutor. But how to get the public prosecutor to do his/her job? If nobody including JPJ & police are interested to take action for road tax and insurance violation what is the point for us to renew every year?

Yes, it seems no law enforcer to take care this case...Bro
Unless only when he is stopped by road block from police or JPJ, this is the only way to catch him I guess

But how often do we have road block recently?

You can sue, with your own lawyer at your own cost, which is very high... Or you can make a claim at the Small Claims Court Procedure like TS, which costs are negligible - but only if you have solid proof. Did you do a police report? Did the Investigating Officer's report say the accident was not your fault? If you have all of the proof - not just photos & driver IC - then you can make a claim at the court.

If you are making a claim, you should claim against the company as the lorry belongs to the company, and the driver is acting as an employee of the company. I might be wrong though, but this is how I think it should be.

Quite a few of my friends has went this way to claim against non-payment for services (free lancing work) and also collecting old debts. Most of the judgements went their way, and even if the judgements were not, it was only because they did not have solid proof.

This post has been edited by isr25: Dec 28 2017, 08:09 AM

i remembered got 1 person inside here keep saying this case can win & resolve d woh,

i say cannot that guy say can de ? pm'ed & ask him about the procedure la,

i pity you only tell you the truth, haha, good luck

Reading this topic made me speak to someone I know in Singapore working in a workshop that deals with insurance claims. According to him, in Singapore, if the other driver does not make a report to the insurance company, you cannot claim against his insurance. If he is found to be driving under influence of alcohol, the insurance company will wash hand and you cannot claim from the insurance company. Your only option is to sue him. In a case of hit and run, you are on your own if the other driver does not report to his insurance company. For minor damage, suing is not an option to many.
So, we are not the only one having grey area.


Not everyone is lucky. You drive without road tax and insurance and kill someone in an accident - big big problem.

It certainly looks so.

Everyone knows !

Bro, I have heard many people asked me to give-up, examples like below:
(1) normal workshop -- they said this is a small damage, repair it by your own lah
(2) PIAM workshop -- they said they cannot help and it is no way to claim if another party has no insurance
and even also (3) a big organization like PIAM -- http://www.piam.org.my/ -- they said I will waste time and energy to file a lawsuit, nothing can be done unless if I hire a lawyer.

No matter what they say, I will stick with my principle.
I want to see how efficient is Malaysia's law to catch these traffic violators.

Thanks Bro..

Yes Bro, I really hope I can share my experience with people and so that they will know how to handle this case if this happens unlucky to them next time.

Bro, a workshop usually is not familiar with law.
The correct answer whether can claim or cannot claim is from the court or lawyer, but not from a workshop.

This post has been edited by TangkapPenipu: Dec 28 2017, 08:47 PM

I visited some workshops for a price quotation this afternoon.

Most workshops cannot give price quotation on a piece of paper with company letter head.

I finally get 2 price quotations for my car repair fee.
I will submit the low price one to Magistrate's Civil court tomorrow.

Hi TP, I really admire your resilience to pursue this case! It seems we are all learning together with you as it unfolds. Nice job of keeping us updated. I hope you get some measure of justice for your troubles. Good Luck!!

Hi bro, if I can get the justice, this victory belongs to all innocent civilians.
Thank you for your support.
I will post until this lawsuit ends.

Good. Awaiting the outcome. Hope you get a favourable outcome.

I make police report, but the Lorry driver he don't so police can't do anything, just saman the company.

At first he said will pay the repair fees, just send to repair and bring the bill to his company for claim, so big business company won't run my bill. I did asked to pay me deposit 1k, he refused and his boss scold rude word to me when we are called. Still can believe? That why I report police and don't need this risky way of claim. Summore they don't report to police, I claim my own ins , loss pcb.

This post has been edited by reeve-826: Dec 29 2017, 10:50 PM

Bro, your case is very similar to mine, only except I have not repaired my car yet.

In this case, you are supposed to follow-up with your Sergeant closely.
And you are supposed to get a Keputusan Penyiasatan Kes from Sergeant, if you can get this letter, this means that
police is on your side to help you to sue them, then you have a high chance to win this case .

If I were you, I would go back to Sergeant and ask for this Keputusan Penyiasatan Kes so that you can sue
this ass hole in Magistrate's civil court.

Do you still have the police report? Your car damage picture which was taken by police? And car repair receipt?

The company who did not want to compensate you was in KL?
If the defendant (traffic violator) is in KL, then you will need to file your case in Kompleks Mahkamah KL.

I hope you do not give up, Bro.
I encourage you start to take legal action to claim your money back step by step.
We do not tolerate these irresponsible bad people.

By the way, I went to Magistrate's civil court office this morning, they asked me to go back next Thursday because most staffs
were not available due the year end holidays. They gave me Form 198 (4 pages) to fill out.

This post has been edited by TangkapPenipu: Dec 29 2017, 11:56 PM