A Proton Iswara WKN 7729 reversed in a sudden fast speed and hit my Persona fender in October, this WKN 7729
promised to make a police report but he did not. I made a police report on the same day and just found out this
WKN 7729 had no insurance nor road tax based from a JPJ report printout which cost me RM 10.00 2 days ago.

Now this driver Chen Yoon Kwee IC: 800611145379 of WKN 7729 is a violator in this accident case, now 2 big issues:
(1) no police report has been made by Chen Yoon Kwee (2) his Proton Iswara WKN7299 does not have a car insurance and no road tax

Based on these 2 conditions as above, I talked to police sergeant, PIAM workshop, and PIAM company, it seems that I have no
way to claim my loss from Chen Yoon Kwee.

Now this mad dog Chen Yoon Kwee is still driving his WKN 7299 without insurance in Kampung Salak South area since police cannot
take action to arrest him.

I am the victim now since there is no Malaysia law to protect us from a car without insurance to hit us just like my case.

I think the only way is to take legal action to sue Chen Yoon Kwee, of course I will not hire a lawyer, I am thinking to see if
I can submit this lawsuit directly to the court by myself?

Anybody knows where can I submit this case to the court?
Or any good suggestion can help me to claim my loss from Chen Yoon Kwee and also send him to jail?

Thanks everybody



Chen Yoon Kwee. I quickly took these pictures right after Chen Yoon Kwee hit me


My Car, less than 3 years old


Police Report


Keputusan Penyiasatan Kes

264 Jalan 12, Salak Selatan Baru (Kampung Salak South)
JPJ Report stated WKN 7729 dees not have insurance & no road tax


Danger zone, stay away from this area in case if he hits you


This picture was taken on 14 Jan 2018. WKN 7729 was inside his house


Chen Yoon Kwee - This picture was taken on 24 March 2018, in front of his house

This post has been edited by TangkapPenipu: Jul 27 2018, 03:00 PM

Think about this, if one day if you are unlucky, if you hit by a mad dog that does not have car insurance,
and if this mad dog does not make a police report, how do you handle this case to claim your loss?

I am thinking to look for help from YB Lim Lip Eng


Any professionals from insurance companies, lawyers, PIAM workshop, police, senators, ahli parliament can give advice?

Story since from the first day:
11 Oct 2017 -- Mad dog Chen Yoon Kwee WKN 7729 suddenly made a fast speed reversal and hit to my Persona fender. He was arrogant & asked me go ahead to make a police report.
11 Oct 2017 -- I made a police report in few hours later on the same day but Chen Yoon Kwee WKN 7729 did not make a police report
13 Dec 2017 -- Finally received Keputusan Penyiasatan Kes letter from Sergeant. Preparing to claim Chen Yoon Kwee WKN 7729's car insurance. OTKFK may apply.
19 Dec 2017 -- A PIAM workshop suggested me to check Chen Yoon Kwee's car insurance at JPJ. If no insurance then could not claim according to PIAM workshop.
20 Dec 2017 -- Went to JPJ and found out no valid insurance & no road tax from Chen Yoon Kwee WKN 7729. Panic...
21 Dec 2017 -- A lady staff from Wisma PIAM said if no insurance then I could not claim, and nothing I could do, unless if I hire a lawyer to sue Chen Yoon Kwee. Panic..
22 Dec 2017 -- I have started to post this bad experience on Mudah
25 Dec 2017 -- Informed Sergeant about no insurance & no road tax from Chen Yoon Kwee WKN 7729. I Had to prepare to take legal action since could not claim his car insurance.
26 Dec 2017 -- Found out should file this case to Magistrate's civil court, checked google map how to go to Komplek Mahkamah KL
27 Dec 2017 -- Magistrate's civil court asked me to prepare a car damage price quotation
28 Dec 2017 -- Got 2 price quotations with companies letterhead, will submit one of them to Magistrate's Civil court tomorrow
--- I try to recall what happened since from the first day...

29 Dec 2017 Friday -- Today is not a good day to visit Magistrate's Civil court office because today is year end holidays, most staffs are not working today. So Magistrate's Civil court
staff gave me a form (Form 198) to fill out and asked me to come back next Thursday (4 Jan 2018).

4 January 2018 -- Visited Magistrate's Civil court office but found out wrote down wrong claim info on Page 2 of Borang 198. Will visit Magistrate's Civil court office again soon.

7 February 2018 -- When I tried to submit my Borang 198 to E-Filling office on first floor, the staff suggested me to type rather than to use hand-writing on Borang 198, he suggested me to use
PC to create a similar format of Borang 198. Then I left E-Filling office and thinking to come back the next day.

8 February 2018 -- I submitted the first 3 pages of Borang 198 to E-Filling office, paid RM 20 as processing fee. The E-Filling staff said, within 3 days, they email me info and I need to send this
info to the defendant. I have 2 options either to deliver by hand by myself, and I will need to get defendant's signature to prove that he receives the letter; second option is I
can send by AR registered post (yellow card).

9 February 2018 -- I received email from the court, this letter was exactly the same 3 pages of my Borang 198 that I had submitted yesterday. The only difference thing was that it had court
stamps on 2 pages. The bicara date is 9.00am on 19 March 2018. I went to post office and sent it to the defendant by AR registered, this AR registered cost me RM 3.10.

16 February 2018 -- After I checked Pos Laju website, I noticed Chen Yoon Kwee had received my letter at 7.55pm on 15 Feb 2018, that was Chinese New Year Eve dinner time.

23 February 2018 -- Post Office sent me back AR registered mail card with a recipient's signature on it.

27 February 2018 -- Filled out 135 Form (1 page) from Magistrate's Civil court office. Magistrate's Civil court office assigned the court room number during judgment day. The purpose of 135 form
is to confirm and verify AR registered has been received by the defendant. Need to photostat one copy of AR registered.

27 February 2018 -- Did a verification (sumpah) for AR registered at Pejabat Ketua Pendafter on 1st floor. Paid RM 4.00

27 February 2018 -- Submitted 3 documents: (1) 135 Form, (2) RM 4 receipt of sumpah from Pejabat Ketua Pendafter, (3) photostat copy of AR registered to E-Filling office on 1st floor.
Paid RM 8.00. Everything is done on my part. Now just waiting for the judgment day on 19 March 2018.

19 March 2018 -- Attended the first hearing in court. Defendant Chen Yoon Kwee did not show up. The Judge asked me to go to Chen Yoon Kwee's house to get his signature due to AR
registered was not signed by Chen Yoon Kwee. 2nd hearing is scheduled on 13 April 2018.

24 March 2018 at 12.20pm -- Went to Chen Yoon Kwee's house to deliver #198 Form and to get his signature. Chen Yoon Kwee appeared but he refused to sign, he pretended to be Chen Yoon
Kwee's twin brother namely Chen Yoon "Keong". I left #198 Form inside the grill gate of his house. I recorded a 6 minutes video as proof of #198 form delivery to Chen Yoon
Kwee.

6 April 2018 -- I went to Magistrate Civil Court office this morning, I wanted to use 4 pictures (which I captured Chen Yoon Kwee pictures on 24 March 2018) to fill out #135 Form (to verify
proof of delivery for #198 Form), but unfortunately I was not allowed to use pictures as proof of delivery to fill out #135 Form.

13 April 2018 -- Attended the 2nd hearing. Chen Yoon Kwee did not show-up as expected. Photos were accepted by the Judge as proof of delivery of the writ even Chen Yoon Kwee did not sign.
I had to fill out #135 form and did a sumpah, fee was RM 10. I will need to come back for the 3rd hearing with a car repair receipt. The 3rd hearing is scheduled on 11 May 2018.

17 May 2018 -- The 3rd hearing was postponed to 17 May 2018. Submitted original car repair receipt to the Judge. Judge gave 202 form (Judgment) to fill out, then submitted 202 form to E-filing
office, then paid RM 20 to cash deposit machine. E-filling office staff said I will receive 202 form with a court stamp on it by email in 3 working days.

22 May 2018 -- Received 202 form (Judgment letter) in my email.

25 May 2018 -- Sent 202 form by A.R. registered mail to Chen Yoon Kwee. This A.R. registered mail cost me RM 3.10. Requested Chen Yoon Kwee to bank-in compensation before 15 June 2018.

26 May 2018 -- Delivered 202 form (Judgment letter) to Chen Yoon Kwee's house by myself. Nobody showed up in Chen Yoon Kwee's house, I put 202 form in letter box.
A rude woman sitting outside of Chen Yoon Kwee's house was screaming and asking me not to put letter in the letter box. She called me Fuxker.
I met Chen Yoon Kwee's neighbor, his neighbor told me Chen Yoon Kwee's father has 4 sons, Chen Yoon Kwee is a twin. Chen Yoon Kwee's eldest brother is Ah Long and he has
gun, active in Kuchai Lama area.

7 June 2018 -- Received A.R. registered mail back with 202 form unopened in the envelope, Chen Yoon Kwee did not sign, post office put a stamp on it and stated "moved out".

19 June 2018 -- Checked my bank account balance, no compensation was made by Chen Yoon Kwee.

27 June 2018 -- Went to Magistrate court office, submitted these 3 documents:
(1) 202 form (Judgment letter),
(2) returned of A.R. registered mail,
(3) one picture to prove proof of delivery of 202 form in front of Chen Yoon Kwee's house dated 26 May 2018.

Magistrate court office's staff gave 208 form for me to fill out. Later went to E-Filing office to proceed form 208, paid RM 20.
Now waiting for court to email 208 form to my email account. 208 form is a last reminder letter before the court to issue warrant.

2 June 2018 -- Used extraction code to download 208 form online from https:''ecourt.kehakiman.gov.my
A court hearing is scheduled on 26 July 2018 on 208 form.

6 June 2018 -- Sent 208 form to Chen Yoon Kwee by A.R. Registered mail

7 June 2018 -- Delivered 208 form to Chen Yoon Kwee's house by myself. Put 208 form into letter box. This was the third time I went to his house to deliver court's letters.

26 July 2018 -- Attended court hearing. Photo and 2 mins video recorded on 7 July were not accepted by the judge as proof of delivery for 208 form to Chen Yoon Kwee.
I talked to Judge, for my own safety, I could not go to Chen Yoon Kwee's house anymore.
The judge asked me to send one more AR registered mail. The next hearing is scheduled on 16 August 2018.

26 July 2018 -- I sent one more AR registered mail to Chen Yoon Kwee, Borang 208 was enclosed.

16 August 2018 -- Attended court hearing. I talked to Judge about the issues of how to send 208 Form to Chen Yoon's house: (1) I delivered 2 copies of 208 Form to Chen Yoon Kwee's house
on 7 July 2018, I had pictures to prove Chen Yoon Kwee was at home at that time. (2) One AR registered that I sent on 6 July 2018 came back to me with "Tidak dituntut"
(recipient did not collect) (3) I have not received the second AR registered from post office that I sent on 26 July 2018. Judge gave me a 135 Form for sumpah（Affidavit）
about the proof of delivery of 208 Form. Judge asked me to wait for 2nd AR registered that I sent on 26 July2018. Next court hearing is scheduled on 21 September 2018.

14 September 2018 -- I went to post office to pick-up my 2nd AR registered mail that I sent on 26 July 2018 because postman did not send me any notification.
This AR Registered mail has a stamp stated “Pindah" (Moved).

17 September 2018 -- I went to Chen Yoon Kwee's house at around 4.00pm to deliver one more 208 Form, I put 208 Form to his letter box. I did not see his Iswara this time, but I saw 2
motorcycles in side his house. A video was recorded.

21 September 2018 -- Attended court hearing. The Judge gave me 172 Form to proceed Warrant Tangkap (arrest) to against Chen Yoon Kwee. I was required to pay another RM 10 to re-do
my affidavit for my new case number.

25 September 2018 -- Went to court's e-filing office to submit 172 Form and paid RM 40. I need to wait for the email from court before I can proceed warrant tangkap.

28 September 2018 -- Received 172 Form via email from e-court, went to bailiff's office but I was told I had to wait for another demand letter for RM 1000 deposit from my email.

1 October 2018 -- Received surat perlaksanaan (letter of execution order) via email from e-court. I need to arrange RM 1000 bank draft + RM 28 for Bailiff to go to Chen Yoon Kwee's house.

3 October 2018 -- Went to court to deposit RM 1000 bank draft (security deposit for bailiff) + cash RM 8 (fee for making deposit to court) + cash RM 20 (execution fee). Now waiting for email
from bailiff to inform me when to go to Chen Yoon Kwee's house.

29 October 2018 -- Went to chen Yoon Kwee's house with a bailiff. I had to go to court to pick-up bailiff, then later on I had to send bailiff back to court. Bailiff was told by Chen Yoon kwee's
mother that Chen Yoon Kwee was in Kajang jail.

31 October 2018 -- Went to court to see judge, judge asked me if I want to continue this case, I said yes, continue. Later I called Kajaing jail, Kajang jail confirmed Chen Yoon Kwee was in
Kajang jail since 4 days ago. Chen Yoon Kwee will release from jail in June 2019.

This post has been edited by TangkapPenipu: Oct 31 2018, 09:23 PM

Procedures to file a case to Magistrate Civil Court for car accident:

(1) Prepare Keputusan Penyiasatan Kes from police, and car repair quotation to Magistrate Civil Court Office.
(2) Fill out Borang 198 (you will get 4 pages) from Magistrate Civil Court Office, only first 2 pages need to fill out
(3) Pass your first 3 pages of Borang 198 to E-Filling office, pay RM 20 processing fee (cash or debit card). E-Filling office will email you Borang 198 with court stamp on it within 3 days.
(4) Print out 3 pages of Borang 198 that sent by email from E-Filling office. Post it to defendant by using AR registered (Yellow card)
(5) Wait for the arrival of AR registered (Yellow card) that send back from post office with the defendant/recepient's signature on it. Make at least one photostat copy of AR registered (Yellow
card) before you go to Magistrate Civil Court Office in your next visit.
(6) Fill out 135 form (1 page) from Magistrate Civil Court Office. 135 form is to confirm AR registered (Yellow card) has been received by the defendant. Magistrate Civil Court Office will give you a
room number during the judgment day.
(7) Do a verification (sumpah) for AR registered (Yellow card) at Pejabat Ketua Pendaftar on 1st floor. Fee is RM 4.00 (debit card or cash)
(8) Submit 3 documents: (1) 135 form, (2) RM 4 receipt of sumpah from Pejabat Ketua Pendafter, (3) photostat copy of AR registered. Submit to E-Filling office on 1st floor. Fee is RM 8.00
(9) Everything is done as a plaintiff side. Now just waiting to attend the judgment.

This post has been edited by TangkapPenipu: Mar 13 2018, 01:10 AM

1. Next time dont wait and expect one party to report only. You must report from your side.

2. To sue him.. I think waste time. Lawyer fees more expensive than your repair fees. Unless u sustained some form of injuries where you can make a deal with your lawyer on how much to sue for damages.

3. I think the officer malas. Both sides should take action. JPJ and PDRM.

I already made a police report on the same day. I think I have done the best on my part

I am thinking is there any court similar to consumer court which cost not much money to file for a lawsuit to against Chen Yoon Kwee?
If cannot sue him, then just let him go like this?


I talked to JPJ in Bandar Sri Permaisuri, JPJ said this is not their job, JPJ asked me to talk to police.

Seargent said cannot give saman because Chen Yoon Kwee did not make a police report. Sergeant also said he alreday
sent few letters to Chen Yoon Kwee to ask him to make a police report but no reply from Chen Yoon Kwee

This post has been edited by TangkapPenipu: Dec 22 2017, 09:09 PM

In Malaysia most of these things go free unless you willing to pay kopi o or he is a well known offender. The traffic police do not give a sheet about anything but the report copy is a must for claim insurance.

I lived in Singapore for a business trip weeks before and our business travel mpv get hit and run. The next few hours of report already caught the driver and heard he was fined and maybe jail for running away. Maybe the country is small and a lot of CCTV

If the damages is small - less than RM5,000 - just submit your documents and proof to the Small Claims court. You don’t need lawyers, in fact, no lawyers are allowed.

hv you verified whether the accused is the same as the registered car owner?

my advise to you is to cool down. yes, accident did happen but then? assess your situation calmly.

just to give you an idea, he has already ignored legal notice from polis, what makes you think he is going to respond to you legal letters aka letter of demand?

if you go for the civil legal action, yes this is not categorised under criminal, your legal fees is gonna be rm10k or above when it is heard in magistrate court. Letter of demand, preparing bundle of documents (evidence), submission in court all these cost money, and these will come from the plaintiff (you) side. and you won't be able to fully recover 100% of your legal fees.

from the damage on the photo, it doesn't cost much for you to fix it. max maybe rm300. All those effort to recover rm300? Really? you decide.

while it is still an offense...and the damage is not fairly big....

there STILL need to have law governing such , instead of sending just a letter and take no additional action after a certain period...

why?.

IF this car knocks down your parents or relatives or your love ones..... that is your conscience to say..." few hundred only to repair..."....it will be too late to STOP such a fool that should NOT have been on the road in the first place.


Hence, I hope TS gets his justice...and I do know it is not monetary reasons only.

If the fool had bang some official /lawyer car.... he would be doomed...but sadly...our local lazy law authority becomes too lazy to pursue on.

Luckily its just metal sheet. What happen if its a human been he hit? Who going to cover that? The law enforcements need to tighten their belt.

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.

I have a question. The damage seem to be able to be fixed under Rm500. Since there is no damage to the bumper and headlamp. Would insurance company or workshop entertain this claim since the cost is under Rm2K?

is that the car?
https://www.google.com.my/maps/@3.0889777,1...3312!8i6656


This post has been edited by Brotherjoe: Dec 23 2017, 11:14 AM

Thank you very much Bro

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 ) 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?

This post has been edited by TangkapPenipu: Dec 23 2017, 02:28 PM

You are absolutely right, Bro

Because this offender Chen Yoon Kwee is taking advantage of the Malaysia laws' grey area, if everybody is not taking any proper legal action to against this offender,
all traffic offenders will learn from Chen Yoon Kwee, then who will be next victims?

In the USA, there is one compensation from the government calls "Victim of Claim", victim can claim any injury medical fee (like robbery case, but not sure about car accident)
from the state government.

Back to Chen Yoon Kwee, this guy can drive a car without insurance and involved in a car accident.. , but our police & JPJ are not going to his house to arrest him..

This post has been edited by TangkapPenipu: Dec 23 2017, 01:52 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..

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.

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?

The application fee for submitting in the case to the Small Claims court is RM5 only if I am not mistaken, a processing fee.

Thank you so much for the photo, so this photo proves that the offender's address is correct..

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..



Thanks Bro


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

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.

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.

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

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.

Like that next time no need renew our car roadtax and insurance and go on a spree

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.

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.

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

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.

In your earlier post above, that's a poor attitude and example you are showing.

ok la, then you go claim la, i wish you all the best, i just telling my opinion only

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

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..

I talked to JPJ few days ago about no insurance & no road tax from the offender, but JPJ asked me to report to police...
But when I requested the JPJ report of the offender, JPJ kept a photostat copy of the police report.

Thanks for your support..

This post has been edited by TangkapPenipu: Dec 24 2017, 01:15 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..

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

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!

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...

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

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....

This post has been edited by TangkapPenipu: Dec 24 2017, 06:18 PM

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.

Of course you can voice your opinion. I can also voice mine. It's not me is going through all this but the OP, and he/she will decide what to do. From his initial post here, you already can see that he wants to get justice, which is a fair thing to do. However, you are suggesting otherwise, citing that NOTHING CAN BE DONE and the offender will continue to enjoy his privileges by having the luxury to drive around town with a vehicle that doesn't have insurance and road tax, and he doesn't need to be held liable for an accident which is caused by him. Now, to me, that is just bollocks.

There's no snow here in Malaysia, but still a nice sunny Christmas. :-)

Of course, the end decision is solely with you as people are just giving their opinions or suggestions. But seriously, will you be satisfied if this crook gets off like a free man after the 2 offenses he had made? From your first few posts it was apparent that you are unhappy and want justice served. If that's the case, the best way is to get the man to the Tribunal. You will meet him face to face in front of the judge, and if he fails to attend the hearing the Judge will rule the decision against your favour. The first step is to call up the officer to check, or if you have plenty of time you may visit the office too. The application forms can be downloaded from the website.

If you do not wish to pursue the case, it is also your wish, just like those who do not have "plenty of time or money" or do not wish to go through the hassle. That's fine for those who thought that way but I certainly think that you need to get the offender to the court to teach him a lesson. In my mind, that's the main goal, the secondary being your claims for the repair of your vehicle.

101% agree..


Yes, I want to sue him as this is the only solution, and hopefully can send this bugger to jail.

This post has been edited by TangkapPenipu: Dec 25 2017, 08:26 PM

Keep us updated.. Useful and informative sharing..
Do it right and hope that you get justice.

How about make a normal police with jpj report saying this bugger don't have car insurance and road tax? Follow up with this police report, police HQ on the investigation conclusion, and use these conclusion as yr supporting document in tribunal court .

This post has been edited by netmask8: Dec 25 2017, 11:36 PM

I just went to police station this afternoon (Christmas Monday) to show to Sergeant about the JPJ report stating that this bugger did not have car insurance & road tax during
the accident. I was hoping Sergeant would key in this no insurance & no road tax info into his PC (such that bugger will get one more saman, and police will investigate this case
more seriously) but Sergeant did not, it seemed Sergeant was no longer interested to do any further investigation since he already gave me the Kes Keputusan Letter.

Inside Sergeant room, there was another traffic police, he suggested me to submit this case to Civil Court on Jalan Duta, he was not so sure if I can submit to Tribunal Small Claim
court or not since Tribunal Small Claim court is for consumer case.

This traffic police also mentioned the Kes Keputusan Letter I got from Sergeant is similar to "A License to Sue".
He also teased me to buy a law book to study by myself rather than keep coming to police station to "kacau" Sergeant

Sergeant asked me: You sudah mari ke sini berapa kali?
I replied: kali ini sudah emapt kali

Lastly, I asked Sergeant: Sergeant, boleh saya menang kes ini?
Sergeant replied: Mesti menang

So, I will call Triburnal to find out if I can submit this accident case to them or not?
https://ttpm.kpdnkk.gov.my/portal/index.php...ibunal-branches

Thank you for your support..
Will update here soon..

This post has been edited by TangkapPenipu: Dec 26 2017, 12:45 AM

Make another normal police report with jpj result, at police IPK or HQ.. Not dealing with same sergeant and same police station AGAIN.. Make sure in the report, did mentioned, car number plate, jpj report got no car insurance and no road tax, BEFORE u put signature. Follow up with normal police report, instead of traffic police report.Very important evidence in any civil court case..

This post has been edited by netmask8: Dec 26 2017, 01:03 AM

Easier to just pay an indian to go beat him up la. Cost you Rm100 . make you feel happy. ROFL

OK.. I will make another police report about no car insurance & no road tax in another police station.
I know I cannot see the same Sergeant anymore, I have a feeling maybe he will "shoot me" when he see me again..

Thanks..

This post has been edited by TangkapPenipu: Dec 26 2017, 09:56 AM

Ha ha.. .. I know where he lives based from the JPJ report, his house is very near to my house actually.

But don't want to beat him lah...I just want to send him to court, and hopefully jail..
I have a feeling this guy did not receive higher education, he bets I cannot do anything on him

I suddenly noticed there is a stamp printed on right bottom corner of the police report stating like this:

SALINAN YANG DIAKUI SAH
Tidak Boleh Digunakan di Mahkamah



This post has been edited by TangkapPenipu: Dec 26 2017, 01:28 AM

Malaysian mentality bro.

Our legal system will take years if not decades for it to amount to anything for something so simple.

kudos to you, but be prepared to spend time on this .

good luck

Bro, our 3rd world country is like this, what so called wawasan 2020 is just a dream, talk only, no action.

I just called 2 tribunal Small claim courts, both said my case could not be done in tribunal Small claim courts.
One of them said I should submit my case to Mahkamah Kecil on Jalan Duta, no lawyer is needed.

Yes, keep up posted bro, i also hope you can "MENANG" in this case

once case send up till court, it will takes minimal 2 years to settle it,

speedily of the process is not expected as we thought.

year end lotsa holiday & majority people also enjoying their life until next year 2018 after chinese new year. ( i guess)

Good job that you finally found out about this Civil Court. So that resolves your dilemma since you now know the right place to submit your case. Actually the police or the Seargent should have advised you much earlier in the first place on the proper procedure to go about this. Surely there will be a way to get the offender to justice.

So the Small Claims Court cannot handle your case. At least you find out, otherwise you wouldn't know. I am sure your case can surely be submitted for further action since it cannot be left hanging with NOTHING CAN BE DONE excuse which is ridiculous.

I would suggest that next time you refrain from posting too much rubbish. Firstly you suggested NOTHING CAN BE DONE and asked the OP to forget it. Now you say keep us posted and wish the OP to menang after he has already found out that he can submit the case to the Civil court. If you have nothing better to say next time, or more accurately if you don't have the knowledge, please don't post wrong information that NOTHING CAN BE DONE.

All this talk of minimal 2 years to settle and burning all your annual leaves to get the case in, please keep it to yourself as we are not interested to know all of that. As a matter of fact that's irrelevant. Again, if you don't know the procedure, stop posting all this nonsense as you are making yourself look silly.

OP - I wonder why the Seargent didn't advise you the correct thing to do ie. to submit your case to the Civil Court when you first filed in the case? It was until the 3rd or 4th time only they let you know about this.

As you have figured out now, finding out the correct information from the proper source ie. the police/Sergeant or any knowledgeable folks would be the best way forward. Sometimes it is inevitable to have this sort of responses that NOTHING CAN BE DONE when you post something on the social forum which are more to Kopitiam responses. Now that you have experience, you can better handle things in the future, so when someone tells you nothing can be done, you would have known he/she is just talking rubbish.

Bro I read just 2 pages of the comment but I was thinking about below might be something you can take into consideration;

1. Since you had videos - Share it but amend it, get help from someone or mamak 2.0 if you want it to viral
- Remember to highlight this police said cannot do anything
- From the main of the videos highlight the point said JPJ, PDRM said can't anything : If this is the case then we no need to pay for roadtax, no point

2. The small court is an excellent information for you and us I guess, thanks for ktard to share the info

3. If you're a newspaper reader there's an email to submit your case for them to share - use the social to viral it then someone will assist

Good luck

If u want real justice, do it in a country that honor and uphold justice.

Unless u just migrated to this country, I highly suggest u just work to get the compensation.

Do whatever is right to protect and cover urself, in case the offender or corrupted officer trying play vile game.
Skip the "justice" and revenge craps

If u use imagination as the bad guy, with the current law enforcement quality in this cuntry, there are tons of ways to screw ur life.

since you are so motivated to follow up the case, i'm sure will support you

i still the same, don't think it can be resolve, maybe this is your first time to handle the case, that's why you are so energetic to settle it

time will proven slowly, i am sure after 6 month later, you will demotivate to handle & follow it anymore

trust me la bro

i also hope you can win this case,

hopefully you are not the person i mentioned ya

ok la, i stop posting your page liao, since you seems look down at me, k la , bye

after send up case to court

need to spend time to go for hearing

then need to wait court to justify

after that take times again for the settlement

either settle with opponent or straight give judgement

then from this matter, need to follow up with insurance company for claim

all these matter, not only need to spend your time, it also need to spend little of money

no doubt your evident is enough

i'm doubt of your time spending in settle this small case ya,

UNLESS YOU ARE BOSS OF THE COMPANY , CAN ALWAYS TAKE LEAVE UP & DOWN COURT AS ALWAYS YA

Why? That 'expert' is not the TS mah! First he bragged about going through tribunal now he realised that tribunal don't give a shxt about this kind of case! Lol!

Next time if you have nothing much better to say, it is better to shut your mouth.

You still don't get it? I have mentioned it before that if you have got nothing better to post, it is better that you don't post anything as it is making you look like a fool. All your drivel above are irrelevant.

You still haven't clarified about what do you mean by "REALITY BITES".

anyone know small claim court cover "undertaken repair"?

if yes, then op can go for small claim court?



留腳印學習

The police has advised that it is the Civil Court that the case shall be submitted to. The Small Claims Court is not applicable as the claims are for purchased goods or services. Since this case is an accident by a 3rd party, the Small Claims Court does not cover the case. I suggested the OP to check with the officer since he didn't have the right information to submit in his case. Actually the police should have advised on this Civil Court very much earlier.

Why so quiet? Come and share what you meant by your earlier remark about "REALITY BITES" so I can judge whether you are in the same ranks with the other guy or not.

Send in ktards to mob his car and throw 2 chicken eggs on the windscreen everyday. He cannot prove the chicken eggs are my idea. Oh wai...

Bro..there is one famous Chinese saying: When a gentleman wants to revenge, 10 years also not too late, 君子报仇，十年未晚

As long as I submit this lawsuit to court with complete documents, I have done the best on my part.
I cannot control how long time the court will take to put the punishment on the offender.

Well, the last resource maybe is YB Lim Lip Eng


Thank you for your mentally support..

Bro, The sergeant that I met was a coward. He is always afraid other people wants to sue him.

I think Sergeant had expected I was able to claim the insurance from the offender but all of us were not aware
the offender actually did not have the car insurance until I went to JPJ to find out last week.

Sergeant's assistant (who teased me) said the Kes Keputusan letter worth few thousand ringgit..

This morning I also called legal aids centre, the most helpful one is Shah Alam branch, Tel: 03-5510 7007
http://www.malaysianbar.org.my/legal_aid_centres.html

This is what I have learned from legal aids today:
Court has 3 types:
(1) High court -- for big case like murder
(2) Sesyen court -- for claim above RM 10K
(3) Magistrate court -- for claim under RM 10K
And each court has civil court & criminal court.

So for my case, I should go to civil court which is under Magistrate court.

I went to Kompleks Mahkamah KL this late afternoon, unfortunately I was late for 3 minutes when I arrived there, they closed at 4.00pm.

Thank you so much for your support to give me momentum so that I can move forward..

Because we were all focusing and working on to claim the offender's car insurance in the first place...
But later only I found out this offender did not have insurance from the JPJ record last week.
Then when I went to see Sergeant yesterday (chrismas Monday) to inform him about no car insurance matter, Sergeant's assistant (who teased me) suggested me to file claim to civil court on Jalan Tuanku Abdul Halim (old name Jalan Duta).

This is sergeant's thought: since I already have the Kes Keputusan latter from Sergeant, Sergeant's job is complete, don't kacau him anymore.

This post has been edited by TangkapPenipu: Dec 27 2017, 12:54 PM

Bro, unfortunately, I did not have the video cam installed in my car, otherwise, I uploaded it to Youtube already..

Now since I have the Kes Keputusan letter (a license to sue, and it worth few thousands Ringgit according to police) from Sergeant,
I want to see how effective is this letter can be used in court.

It is a good idea to submit my case story to newspapers.. But who can assist?

And what do you mean by mamak 2.0?

Thank you for your support..


Bro, since I have the Kes Keputusan Letter from Sergeant, nobody can twist the fact that what is stated on the letter.
If worry this and worry that, then how to make thing happens? No need to worry too much lah..

I will not migrate, and I have no money to migrate..

This post has been edited by TangkapPenipu: Dec 26 2017, 10:02 PM

Don't need to reply to the useless fellow already. You must be very generous to respond to people who not only have given you wrong information but discouraged you from taking up the case. At first he suggested NOTHING CAN BE DONE and after he knew something can be done he then mentioned "Keep us posted BRO, I also hope you can Menang in this case" which is stupid. You will surely win the case since you already have the Keputusan from the police, and the court proceeding is just a follow-up for the claims to the damage on your vehicle and also to get the offender to pay for his offense he has committed. The further talk about wasting time and burning year end holidays are again a lame tactic to get you to drop the case.

As for the Chinese proverb, well, even 20 years is not too late. Some might say if not 20 years, it can be the after-life or next generation. Well, that's a bit too dramatic just like in the movies. Revenge is not good to some or most religions, but in this case, it's about getting justice served and most importantly, exercise your rights as a law-abiding citizen.

Kudos to you for sticking to your original plan and having good principles, unlike some useless good-for-nothing chaps who constantly tried to discourage you by posting nonsense.

This post has been edited by Dwango: Dec 27 2017, 10:40 AM

Good job. After going through all this process, nobody can fool you next time by posting rubbish. On the other hand, it's you will be able to give the proper/accurate advice when someone else needs it. It's the experience that counts.

Kudos for proceeding with the case. It may cost you a lot of time and effort to get compensation but you will be (hopefully) getting an irresponsible and reckless driver off the road and save future victims from being hit with no insurance claim. Hopefully the court suspends his license and impose a stiff fine for driving without insurance and road tax.

Thank you for all your postings. I've learned something new & useful, today.

Good luck in your future endeavours. May the force be with you.

Looks like there is closure to the case in the end. I agree that it is prudent to proceed with the case although there might be some who may think otherwise. Time should not be a hindrance unless you are working overseas etc. There will always be some effort to carry out a task, whether it's claiming for insurance in the event of an accident or something else. If the task is for a good cause then by all means go ahead with it.

There will always be law for cases such as these, so I am not surprised that you can always take up this case. The idea of "nothing can be done" is surely absurd and I am surprised there can be such claims on this thread.

Bro, if you read my original post, I did say you should go file under Small Claims Court - it is filed under Magistrates’ Court through the small claims procedure (Order 93 Rules of Court 2012 (ROC)). https://www.consumer.org.my/index.php/compl...l-claims-courts

Small Claims Tribunal if you have problems with a legitimate company https://ttpm.kpdnkk.gov.my/portal/index.php/en/

In fact, if you have anyone who owe you money, you can initiate a Small Claims Court procedure to get back up to RM5,000.

The debtor can be arrested & jailed, or even seize goods at their registered address to be sold off to pay you off.

Hope you get your money back bro - although you need to go through so much hassle to get it back...

Anyway, JPJ should kejar the offender since he is driving without roadtax & insurance - basically the guy is a road menace!

It's worth noting that the Small Claims Procedure under the Magistrate's Court, you can only claim back the money owed to you (the work done to fully repair your car back to safe driving condition), you can't expect the court to penalize the driver further (license suspension etc). This depends only on the public prosecutor whether to charge the guy in court, and it's only done if you make a police report. Highly unlikely this will happen though, unless it's a high profile case.

This post has been edited by isr25: Dec 27 2017, 03:06 PM

That's disappointing....after all that hassle, TS highly likely won't get the justice he desired....

Seems like an incentive to stay in this grey zone of the law for selfish benefit....

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.

This post has been edited by TangkapPenipu: Dec 27 2017, 06:07 PM

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?