Automobile vs bike accident in Malaysia – at all times the automobile at fault? Why cannot we declare from the bike’s insurance coverage?

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Car vs bike accident in Malaysia – always the car at fault? Why can’t we claim from the bike’s insurance?

Photograph from PDRM social media

It’s a litany now we have heard many instances. “This motorbike simply hit my automobile/bumper/wing mirror and shot off. I acquired every part on the sprint cam, shall I make a report?”

“Aiya, no level one, report additionally ineffective, police gained’t take motion,” is the standard reply. A degree of reality is, within the congested visitors situations of Malaysia, unlucky encounters between vehicles and bikes will happen, leaving apart the problem of careless, inattentive and fewer than accountable drivers and riders.

The difficulty of insurance coverage claims towards motorbike riders in Malaysia appears to observe a particular development, to wit, it’s subsequent to inconceivable to assert towards a motorcyclist’s insurance coverage. In some instances, after the report is made, the insurance coverage firm is lower than keen about pursuing a declare.

This leaves the motive force with a busted automobile and searching on the lack of the No Claims Low cost (NCD). Contemplating the elements substitute value of many elements in trendy vehicles – have you ever priced a wing mirror for a brand new Proton recently? – most drivers don’t have the wherewithal to impact repairs out of pocket.

However why is that this so? In researching this subject, we approached these within the insurance coverage business and sure workshops specialising in insurance coverage claims, each two- and four-wheel, in addition to talking to our police Site visitors Investigation and Enforcement Division (JSPT) contact.

“The actual fact of the matter is, police solely assign the trigger and accountability, plus injury, in occasion of an accident. We don’t decide who information an insurance coverage declare towards the opposite get together, nor can we decide the compensation concerned. That could be a matter for the insurance coverage firm and the courts,” stated our JSPT contact.

“After all, when there’s harm or demise, issues instantly change into extra critical and the investigative work extra concerned,” he added. “As for why insurance coverage corporations don’t pursue claims towards motorcyclists, that’s one thing you’ll have to ask them,” he stated.

Car vs bike accident in Malaysia – always the car at fault? Why can’t we claim from the bike’s insurance?

Motorbike vs automobile crash take a look at by MIROS

Approaching a contact within the insurance coverage business who insisted on talking on situation of anonymity, he stated, “bro, it’s not that we don’t need to declare, the method is nearly inconceivable.” Citing a number of instances he handled, was knowledgeable it was fairly regular for the insurance coverage firm to search out out the particular person or tackle can’t be traced for the declare to be served.

“Moreover, there’s the problem of riders with out licence or highway tax, which instantly makes the rider’s coverage null and void, or not even having insurance coverage within the first place,” stated our insurance coverage contact. Requested what a claimant can do in such an occasion, he stated there’s the choice of submitting a civil swimsuit however reminded us the wheels of justice are gradual to show.

“After all, you possibly can file a declare however meaning it’s important to spend cash retaining a lawyer, then time for courtroom appearances and such,” he defined. “You then begin having the problem of monitoring the particular person down, and many others., showing earlier than courtroom and so forth earlier than acquiring judgement, then you definitely nonetheless have the problem of getting your a refund,” he added.

“Bro, you understand the primary rule of authorized instances, proper? Don’t sue poor folks,” he continues with amusing. He added that normally, the insurance coverage firm will advise the claimant to assert towards the coverage, although with the penalty of dropping the NCD.

Moreover, one other nameless supply within the insurance coverage business stated police and the courts are likely to look favourably upon motorcyclists in accident instances, thought of to be coming from a deprived phase of society. We can’t verify this and assume it greatest left on the stage of anecdote however based mostly on earlier expertise, we are able to say there would possibly probably be one thing in it.

On the finish of it, it seems one of the simplest ways out of the state of affairs involving a automobile and motorbike, assuming the rider is at fault, is to take the trail of least resistance, that of claiming towards your personal insurance coverage.

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