I found this this man's ordeal on facebook:

https://www.facebook.com/gemcutting.man/pos...965422690282411

It's a CRAZY LONG story which has 12 parts to date. The TLDR is:


1. Owner got involved in a car accident in late 2019 (hit from behind)
2. Sent his car to an authorised dealer workshop for accident repair and insurance claim
3. Due to his policy being only Third Party cover and underhand arrangement by the dealer workshop, his car got sent to a bengkel bawah pokok without the owner's consent or knowledge
4. Owner got kicked around between the police and consumers tribunal to file his dispute
5. Owner eventually filed his dispute with the tribunal. Lots of ding dong dung dang followed after
6. Tribunal awarded in favour to the owner for the bengkel to have the car properly repaired at no cost to the owner, but the bengkel did not return the car within the time limit as per tribunal's orders. No action against the authorised dealer workshop . In fact the authorised dealer had also counter-sued the owner for wrongful dispute, but tribunal dismissed it.
7. Bengkel suddenly brings the car back to the owner's home without an agreed arrangement (last update as of May 2021)


To me, the main lesson of this ordeal is, if at all possible, have your car insured under Comprehensive cover instead of the minimum Third Party cover to prevent getting your car simply thrown to a bengkel bawah pokok in the event of accident repairs.

The owner did the right thing to insist on sending his vehicle back to the authorised dealer workshop, but their secret arrangement to send the car to the bengkel bawah pokok was really shocking.

famous insur brand?

The authorized 4S center knew can't cover the repair billing just by claiming the 3rd party insurance. Hence sub it to "bengkel bawah pokok".

In future, if one wants a smoother transaction.
1) Send it to an insurance panel & close one eye.

If u insist u want a perfect repair, hire ur own lawyer, ur lawyer would then hire an adjuster. Paid for the repair thru ur own pocket 1st. Then ur lawyer would claim from the other party's insurance. The final compensation amount may be enough or may not be enough to cover ur cost.

Ur lawyer would list the repair cost, adjuster report cost, lost of use compensation, and whatever items to jack up the amount. While the opposing insurance company would counter offer a settlement amount, which usually ur lawyer would just accept.

This is indeed a scary ordeal because as consumer, we are protected by the law but not by the law upholders. No one want to claim responsibility in the government agency.

This case should be exposed to more people to pressure relevant government body into taking their job more seriously. That is if they feel like working without giving excuses of pandemic and change of government and so on.

BTW, in the story there is also mention of insurance fraud attempt. Apparently, lots of these panel insurance workshops are more interested in cheating insurance companies than doing their job.

This post has been edited by abubin: Jul 6 2021, 03:39 PM

But, what does comprehensive or third party insurance hv to do with this case? Cause its claim from the other party at fault isnt it?
I missed something?

1. Authorised dealers (usually) do not handle direct third party claims. They only handle OD / ODKFK claims on the owner's own comprehensive policy. At the most, they will repair the vehicle by cash and the owner files his claim against the third party insurance by himself

2. Otherwise, there are bengkel bawah pokok everywhere (read, no PIAM license) that "specialise" in handling direct third party claims. The way they do it is dirty (read, exaggerating damages or even falsifying the whole claim) and involves hiring lawyers; usually those that are experienced with these kinds of claims and already pakat with the bengkel

3. For whatever reason, the authorised dealer instead sub the car over to the bengkel bawah pokok without informing the owner. Most likely they have a secret deal with such workshops to get a commission when the bengkel settles the third party claim.


Not to say its the owner's fault for only having third party cover, because in my view the authorised dealer is wrong to simply throw the car to the bengkel bawah pokok without informing him. However, if the owner had a comprehensive cover, there should be no lubang for this to happen.


Maybe, just maybe, if the dealer sub the car to a PIAM authorised workshop, this ordeal would be less messy.

This post has been edited by RigerZ: Jul 9 2021, 09:59 AM

I just read in reddit yesterday that in US, not sure if available in Malaysia, they can also claim for loss of value.
Which is the drop amounts of car value due to the accident from opposite party insurance

Ic,
last time my wife sent her car to toyota for same situation.
I think lots of stuff like knocking, paint, retint, also they pass to their panel workshop, ie outside workshop
Std Parts still will use toyota ori
In comparison, its a matter of qualified workshop shop o not

This post has been edited by LA773: Jul 9 2021, 12:54 PM

Nope, no such thing here

Maybe need to hire lawyer, just that we dont know?
Im not sure

When they done with fixing the car, do you collect it from where you drop it off or collect from some unknown workshop?

Same toyota centre of course
They hv todo the final buy off

I dun think about the cost issue. Is just that 3rd party claim normally drag a very very long time, as far as I know. Please correct me if I'm wrong.

Meaning the 4S need a longer period to get the claim from the default driver's insurance company.

Actually authorized 4S is also an insurance company's panel (most of them) just that owner need to double check and cars more than 5 years, owner might need to pay betterment (if I'm right about the term) depend on how old the car is with certain percentage of charges if owner would like to put new spare parts instead from kedai potong.