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

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Dwango
post Dec 23 2017, 02:30 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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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?
Dwango
post Dec 23 2017, 02:33 PM

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

[attachmentid=9450575]
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.
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.
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.
Dwango
post Dec 25 2017, 10:14 AM

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QUOTE(edmundchong0929 @ Dec 24 2017, 11:39 AM)
ok la, then you go claim la, i wish you all the best, i just telling my opinion only
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QUOTE(edmundchong0929 @ Dec 24 2017, 11:41 AM)
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
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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.
Dwango
post Dec 25 2017, 10:24 AM

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QUOTE(TangkapPenipu @ Dec 24 2017, 02:27 PM)
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....  smile.gif
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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.
Dwango
post Dec 26 2017, 11:39 AM

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QUOTE(TangkapPenipu @ Dec 26 2017, 12:37 AM)
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  rclxub.gif

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

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..  thumbsup.gif
Will update here soon..
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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.
Dwango
post Dec 26 2017, 11:42 AM

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QUOTE(edmundchong0929 @ Dec 26 2017, 11:25 AM)
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)
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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.
Dwango
post Dec 26 2017, 11:49 AM

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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.
Dwango
post Dec 26 2017, 12:41 PM

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QUOTE(edmundchong0929 @ Dec 26 2017, 12:08 PM)
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
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Next time if you have nothing much better to say, it is better to shut your mouth.
Dwango
post Dec 26 2017, 12:43 PM

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QUOTE(edmundchong0929 @ Dec 26 2017, 12:12 PM)
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
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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.
Dwango
post Dec 26 2017, 12:46 PM

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QUOTE(19 Degree South @ Dec 26 2017, 12:16 PM)
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! laugh.gif
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You still haven't clarified about what do you mean by "REALITY BITES".
Dwango
post Dec 26 2017, 01:09 PM

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QUOTE(KanGz @ Dec 26 2017, 01:01 PM)
anyone know small claim court cover "undertaken repair"?

if yes, then op can go for small claim court? hmm.gif
留腳印學習
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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.
Dwango
post Dec 26 2017, 03:41 PM

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QUOTE(19 Degree South @ Dec 26 2017, 12:16 PM)
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! laugh.gif
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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.
Dwango
post Dec 27 2017, 10:37 AM

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QUOTE(TangkapPenipu @ Dec 26 2017, 09:03 PM)
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
[attachmentid=9459274]

Thank you for your mentally support..  thumbsup.gif
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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
Dwango
post Dec 27 2017, 10:43 AM

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QUOTE(TangkapPenipu @ Dec 26 2017, 09:28 PM)
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..  sweat.gif

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.. notworthy.gif
Because we were all focusing and working on to claim the offender's car insurance in the first place...  sweat.gif
But later only I found out this offender does 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.
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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.

Dwango
post Mar 16 2018, 11:41 AM

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QUOTE(hOnGhOnG @ Mar 15 2018, 02:35 AM)
http://www.sinarharian.com.my/mobile/edisi...-kereta-1.36418

same guy? from Salak Selatan Baru too.

Good luck bro for justice.
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Great detective skills you got there buddy. Looks like a carbon copy of this guy with the name, address and age from the IC number all matching. Looks like TangkapPenipu is now busy with the process of tangkap penipu.
Dwango
post Oct 1 2018, 04:20 PM

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QUOTE(TangkapPenipu @ Sep 30 2018, 09:38 AM)
Yes, exactly like what you said.
He does not afraid of any legal action to against him.
He does not care whatever you do to against him; not only him, his whole family members' characters are also like that..

By the way, Chen Yoon Kwee has criminal record in police station...  sweat.gif
Now I can only sue him for my car damage based on my car repair receipt, which is RM 764.00
Another additional claim of RM 100 court's cost is set by the judge/court, RM 764+ RM 100 = RM 864 total claim.

And I also paid few time of processing fees to e-filing office, I think I already paid almost RM 100.

I will need to pick-up bailiff from court to Chen Yoon Kwee's house, after that I will need to send bailiff back to court.
Bailiff fee: RM 1000 (maybe will deduct mileage claim) + RM 28 fee (I think not refundable)

Usually I will print color photos to show to the judge as proof of delivery after I visited & delivered court letters to Chen Yoon Kwee's house.
Each color photo cost me RM 1.50. I print this from print shop because I do not have color printer. So far I think I already paid not more than
RM30 for color photos.

I also sent few AR registered mails to Chen Yoon Kwee, each AR registered mail cost me about RM 3.00, excluding my cost of petrol, time to post office;
and some stationery expenses like envelope, monochrome laser printer A4 size documents printing and etc...

I think after deduct this and that, RM 864 total claim should be gone and left nothing, maybe I also need to top up some more money from my wallet...  cry.gif
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Your case just shows the inadequacies of the current system (or maybe government). Now is Malaysia Baru already. This can't be happening. It is quite unbelievable really.

Perhaps time to pay a visit to the current Transport Minister Anthony Loke to inquire why is this happening and if there is anything to bring the law back to order? The legal system or authorities should doing all this work that you are currently doing to bring the law offender to court (or jail), not you the victim. It's ridiculous and is just exposing the poor transport/legal system of the country.

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