Last weekend, my wife's car got knocked from behind at the federal highway. Cars were travelling around 20-30km and then the whole line stopped, but the car behind probably wasn't paying attention and drove straight into her car (didn't even look like he was braking and he was quite far away when she starting slowing down).

Now, the fella didn't have a valid roadtax or insurance. He has made a police report, though. Repairs are estimated at 3.5k.

My wife's aunt, who is the insurance agent, asked her to chase the guy for payment but I think it's a waste of time. Someone who can't pay his own insurance and roadtax probably won't be able to pay us back. I was thinking a ODKFK claim who be the better option.

Can we claim using the own damage knock for knock claim once the report is out? I read in another thread that the other party should have a minimum of a 3rd party insurance for us to make the claim. Anywhere I can check if this is the case?

From what I know, insurance is either got or no. No such thing as the guy got no insurance but has at least 3rd party insurance. So most likely you must pay with your own money or own insurance.

Btw, how you confirm the guy got no insurance?

3rd party is for those cars that are deemed too old or unfit to be on road. So when you bang other ppl car, the fella still can claim your insurance but you cant claim for your own damage.

When I started driving like 20+ years ago, I heard they said can claim insurance then your insurance will go to that guy without insurance with LOD. Nowadays I heard once you filed report, NCD terus 0% and cerita later.

This post has been edited by andrekua2: Yesterday, 12:28 PM

The question is: Is it true that as long as the other guy has no insurance, we can't make a claim against our own insurance through the Own Damage Knock For Knock system that won't affect the NCD?

He confirmed that he has no road tax or insurance. He lodged a report and has been given a date in court because of this.

This post has been edited by notadupe999: Yesterday, 12:45 PM

That guy is a fucking idiot. Insurance don't wanna renew. Knock someone and don't wanna settle outside. Now go court

No such thing. If u accidentally bang a tree or wall, takkan can't claim since wall and tree got no insurance, right?

he's asking about the NCD, not about can claim or not.

Oh ok. As long as we claim our own insurance, ncd sure gone already.

that's sucks....hate it. and our enforcement are not doing anything

Go court and demand compensation. If you not happy with the compensation, find a lawyer and proceed with saman sivil atas kesalahan merosakkan harta benda ,until the other guy liquidate all his possessions and declare bankrupt.

This post has been edited by k!nex: Yesterday, 02:26 PM

<5k, you can file in the Small Claims Court first

This post has been edited by Selectt: Yesterday, 02:39 PM

https://www.kurnia.com/blog/odkfk-knock-for-knock

Based on my past experience claiming OD KFK.. if the party at fault no insurance or road tax, then cannot claim OD KFK.

Do what your auntie say, and chase the fella for payment coz at most he gonna kena is RM 300 + RM 300 fine from Police. Then u have to either fix at ur own cost or use ur own ins, then burn ur ncd lo.

This post has been edited by james2306: Yesterday, 02:44 PM

Check back to your policy wording. You can download it from your insurer's website.

Goes back to OD KFK, you required to fulfill 4 criteria
1. You are not at fault for causing the loss
2. the offending vehicle is identifiable and is not a vehicle used for carriage of passengers for hire or reward (for example taxis, hire cars, public buses, stage buses, school buses and factory buses for hire);
3. the offending vehicle is insured by a Malaysian licensed insurer; and
4. there is no death or personal injury claim involved

You didn't fulfill 3rd criteria, hence no OD KFK

Thanks guys. Guess can't claim using the ODKFK since he has no insurance. Any claims on my insurance will cause the NCD to disappear. Only recourse will be to sue in civil court or maybe small claims court. I'll see how my wife want to proceed.

That guy should settle straight forward, just pay the cost of repair to you, settle problem ☺️🐝👍

let me know how it turned out and what is the process for the court suing thing
98% of the time we see threads in K about accident and the other guy have no insurance and people keep saying u can still claim without affecting ur ncd but it sounds like bullcrap
but even if u sue and the guy really dont have money u need to find a way to collect also
the court can award u the case but they macam cannot enforce the collection
not sure how to get his wage garnished for it but even then he could just work under the table for cash and u still cant garnish it

i hope u dont kecut bola and say just pay out of pocket and let that fker win coz court case too leceh or win rate too low or something something

not gonna work. OD-KFK only works if the party at fault has a valid insurance cover. OD-KFK basically means your insurance will cover the repair cost first, then claim from party at fault insurance company later on. if 3rd party doesnt have a valid insurance, who are they gonna claim from?

your best bet is to claim from your own insurance company and lose your ncd. if its me, if the damage is bad ill just claim total loss and buy a new car lol

This post has been edited by Artak: Yesterday, 10:00 PM

If he got no insurance. Then U claim Ur own insurance. Burn own NCD.

Behsong? Chase that guy keep chasing for compensation.

Like some post here got mention. Bring this into court

Can claim ... but in police report dont say someone bang from behind laa .. can say reverse park but xperasan got stone barrier ke , or suddenly when in reverse , salah tekan pedal , bang a wall ... means the accident report doesnt involve accident with other car .. just your own fault .

Dont be scared to lose ncd . It was there so people reluctant to claim insuran , so insurans company can continue milk your money without giving anything in return .

This post has been edited by nothomobutsuper: Yesterday, 11:27 PM

Tat guy also broke ad, wad can be claim? Haha.. this path just make lawyer richer only

Unless u know he is rich but kiamsap roadtax insurance? But rich peep wont do tat ..