Home / Malaysia Insurance Law / Insurance Law Car Accident Compensation and Insurance Claim

Car Accident (modified 0 times) Mimi I accidentally knocked into a motorcycle two days ago. We went to the workshop to get an estimated costs for repairing his motorcycle and the costs were way too high for me to pay (it was an expensive motorcycle). The motorcyclist and I then agreed that we reported the accident to the police and claimed from the insurance company. We did report but later the motorcyclist called up and asked for compensation lower than the estimated costs but still high. Should I pay for this compensation? Since we have reported to the police should not we leave it to the insurance company. He claimed that he would lose his NCB but as far as I know, he would not lose his NCB because he was not the party at fault. Also he wanted his compensation for the time and energy he spent to get to the workshop and being absent from work. According to the insurance company, they would cover the costs of repairing the motorcycle and other uninsured losses like compensation for actual repair time, loss of excess..provided he file in his claim againt my insurance company. Now he is trying to obtain legal action to claim for his compensation. Can someone advise me what to do? 03 Sep, 2009 11:11:25

RE:Car Accident (modified 0 times) simonpoonagency.net I accidentally knocked into a motorcycle two days ago. We went to the workshop to get an estimated costs for repairing his motorcycle and the costs were way too high for me to pay (it was an expensive motorcycle). The motorcyclist and I then agreed that we reported the accident to the police and claimed from the insurance company. We did report but later the motorcyclist called up and asked for compensation lower than the estimated costs but still high. Should I pay for this compensation? Since we have reported to the police should not we leave it to the insurance company. He claimed that he would lose his NCB but as far as I know, he would not lose his NCB because he was not the party at fault. Also he wanted his compensation for the time and energy he spent to get to the workshop and being absent from work. According to the insurance company, they would cover the costs of repairing the motorcycle and other uninsured losses like compensation for actual repair time, loss of excess..provided he file in his claim against my insurance company. Now he is trying to obtain legal action to claim for his compensation. Can someone advise me what to do? ------------------------------------------------------------------------------------------------------------------------ Dear Friend, Since you have reported/notified your insurer, a claim file will be opened up to six years waiting for the other party to file their claim against you. Just forward any correspondence, lawyer letter to your insurance company with reference to your documentation etc. They are two sections in your motor policy that describe the third party damage in Section II on property limit of up to 2 million and unlimited bodily injury. Motor Insurance is a claim made basis type of policy which means you have to inform the insurer of an event of accident occurred whether a claim was filed or not by yourself within a time frame say 14 days if I am not mistaken. Kindly refer to your policy document as much of the terms and conditions are spelt clearly in the so called uniform standards policy wording from PIAM (General Insurance Association Malaysia) approved by Bank Negara Malaysia (the Director General supervising the Insurance Industry of Malaysia. If you still insist to pay the motorcyclist, ask him to signed a hold harmless agree that time signing, he/she is in sound mind, agree to accept the payment and forbid to take any legal action, file a third party claim to your insurer etc. A lawyer is the best person to draft this kind of letter cause I am not one. Bear in mind that by paying them and admitting liability will waive your right for the insurer to defend your case if some unnoticeable related injury crops up later resulting a bigger lawsuit to you which may be hard to handle. I am not the best insurance agent nor a lawyer in town but my advice are sincere and useful if you are a responsible person. Insurance is not an option, it is a responsibility and legal binding contract to assist in a reasonable within the mean of it's ability and capabilities to pay. 05 Dec, 2009 18:31:10

Disclaimer - Please Read Carefully

These Bulletin Board pages are intended as a public service primarily to allow non-lawyers and lawyers to share experiences and opinions with other non-lawyers and lawyers. They are NOT intended to be a source of advertising, solicitation, legal advice, self-promotion or disparagement. Lawyerment assumes absolutely no responsibility for postings or their content. Visitors may post questions, comments and replies without prior review by Lawyerment, but we reserve the right to delete any postings (in whole or in part) for any reason at any time.
However, the fact that a posting remains on site NEVER means that it has been approved or endorsed by Lawyerment. By making a posting you are agreeing that the material you post becomes the property of Lawyerment. Lawyerment is a unit of Magnificent Communication. Visitors should exercise great caution when reading this (or any other) Bulletin Board. Be aware that those who post messages may not be who they claim to be. Never to rely on any advice in legal matters except from an attorney you have retained to represent you and your interests. To locate and retain an attorney we suggest you visit our Lawyerment Lawyers' Directory.
Click here to visit Lawyerment.com for 1000's of answers to legal questions. Please read our Privacy Policy and Disclaimer & Conditions Of Use.
Copyright © 1999-2011 Lawyerment.com. All rights reserved