|Wednesday, 13 April 2005 10:24am|
This write-up is intended to provide you with some guidelines on the steps to take if you are involved in a road accident. You may have injured yourself or another person or you may have damaged your vehicle or another person's vehicle.
1. Be calm and do not panic. Neither should you take the law into your hands.
2. Take down the particulars of the vehicles involved in the accident:
3. Next, take down the particulars of the driver / passengers / witnesses:
4. If you have a camera with you, take some photographs of the accident site as well as the vehicles involved. Remember to keep the negatives in a safe place as photographs without their negatives may not be admissible as evidence in court.
You should make a police report within 24 hours of the accident at the nearest police station. If you are injured, seek medical aid first and then you can make a police report at the police beat base in the hospital. In your report you must explain how the accident happened.
You can write out the report in Bahasa Malaysia and then sign at the bottom of the report. If you cannot write in Bahasa Malaysia you can explain to the police officer on duty who will write it down for you. Always ask a certified copy of the police report.
1. Read your insurance policy carefully. You should report the accident to your insurance company within the period stated in your policy. Otherwise your insurance company will not entertain your claim.
2. Arrange for your vehicle to be towed to an authorised workshop. Here the damage to your vehicle will be assessed by assessors from the insurance company.
3. If you are injured, get medical attention immediately. Get a medical report and if possible copies of medical reports.
You should keep a proper record of the following :-
- particulars in paragraph B above
- certified copies of police reports
- medical reports
- receipts for expenses incurred, e.g. medical fees, transport charges, rental of vehicle, etc.
- documents supporting your claim : photographs and negatives, repair bills, receipts, medical reports.
There are two ways of claiming for damages to your vehicle.
Examine your insurance policy and note the excess clause in your policy. In order to claim from your own insurance company, your claim must exceed the excess clause. Then, the insurance company will pay the difference between your claim and excess amount. For example, if the excess clause is RM1,000.00 and your claim is RM800.00, you will not be able to claim from your own insurance company. But if your claim is for RM1,800.00, then you will be paid RM800.00. Always remember that when you claim from your insurance company, you will lose your no-claim bonus
You can also claim from the other party's insurance company. If you decide to do so, it is preferable to engage a lawyer.
If you want to file a claim, you should engage a lawyer. Remember, you have a right to choose your own lawyer. So, do not be influenced by people who pester you to accept the services of lawyers whom they represent. Your lawyer will ask you to sign a warrant to act. This is a document appointing him/her as your lawyer and authorising the lawyer to act on your behalf.
Your lawyer will :-
An injured person can claim :-
These are claims for specific expenses e.g. transport, repairs to vehicles, hiring another vehicle, medical expenses. Generally, special damages deal with specific monetary expenses, incurred by the claimant as a result of the accident.
These are compensations for pain and suffering as a result of injuries caused to a person
If the matter goes to trial, then the Court will have to decide the issues of :-
The cheque will issued by the insurance company in your name and will be forwarded to your lawyer. Your lawyer will then inform you to come to his office to collect the cheque.