Home / Malaysia Insurance Law / Insurance Law Accident Claims

Accident Claims (modified 0 times) enzyme I have a continental car with a comprehensive accident policy for Rm 60,000. Recently ( Oct 2004 ) I was involved in an accident with no 3rd party involvement. My car overturned sustaining damage all over.Police report made & claim filed with the company. The workshop ( panel ) estimated repairs at Rm 87,000 ; the car maker estimated that the damage sustained cannot be repaired for the insured sum. 2 months later the insurance company offers me a sum of Rm 38,000 for the repairs without itemization.I just can't comprehend this. So I've rejected their offer and requested a total loss claim...........still no news.......and it is virtually impossible to get in touch with the person concerned with my case. If the company don't offer me what is due to me, how can I take action against them......who is the governing body with whom I can lodge a complain.........can I take the insurer to court........I do not intend to be hoodwinked........kindly help. Thanx. 22 Feb, 2005 22:18:44

RE:Accident Claims (modified 0 times) Tourist Here are some reading: http://www.piam.org.my/consumer/c001.htm http://66.102.7.104/search?q=cache:vwpugWGEKiwJ:www.leesweeseng.com/mediation.ppt+malaysia+insurance+complaint+body&hl=en 24 Mar, 2005 14:38:30

RE:Accident Claims (modified 0 times) manzsin Your posting reminds me of a conversation with a Malaysian lawyer on his insurance claim some years ago. He had bought a new less-popular European car and having an accidents resulting moderate damage to the front. Insurance insisted on replacement with used parts and dragging the matter. The lawyer refused and insisted the parts should be new as the car was bought brand new only weeks ago. From what I understood then, there was a law that the insured could claim for the cost of getting a replacement car during the time of repair. He served the notice to the insurance company. This worked wonders. The full repair cost basing on the new parts which is a substantial proportion of that of the new car due to the high parts price of this less-popular models as well as the parts were not of the fast-moving [i.e. few people would buy it normally] ones, and some of the cost of arranging alternative transport was paid. I suppose the importance is to ensure full record of all communication with the insurance company to show that they were properly giving the repair cost by reputable repairer [better from the car official dealer] and the company had delayed in the proper settlement process. My feeling is that most of these claims are handled by the administrators that are used to bully the insured that do not know their rights. 30 Mar, 2005 09:35:47

RE:Accident Claims (modified 0 times) Tourist I raise this matter on "getting a replacement car for the duration of repair" before with my insurance company before. I claim RM200/day (quoting a car rental company's rate for similar type of car) but the insurance company would only reimburse me RM150. Could you kindly tell me which part of the law or whatever states that I can cliam full? It would be very useful the next time I encounter similar situation. Thanks. 30 Mar, 2005 10:26:16

RE:Accident Claims (modified 0 times) manzsin "Touch wood" if you would involve the same problem again, unless you are in the legal profession and if that is part of your job. I do not have the Malaysia legislations in my office. I am not involved with this area of law. My feeling is that you were in an excellent position to get RM150 a day and I think most people in your situation were denied of this claim. If you are really bent on seeking the relevant legal information, you may visit the law library of Universiti Malaya which is charging about RM20 a day for the usage. Of course you can always seek professional advice from the legal practitioners. Many of them do not charge for the first brief consultation. Since your claim amount is rather substantial in comparison with the legal service cost, you may well consider whether to engage your own legal representation to ensure your interests are best protected. As a passing remark, keep a good record of all your communication with your insurers. This may be very useful for evidence in a court of law. Lawyers for the insurers commonly shift the blame to the insured for not furnishing the repair costings promptly and take issue over the suitability of the repairers to minimise their liabilities. 03 Apr, 2005 13:08:26

RE:Accident Claims (modified 0 times) Tourist Hi. Thanks for the advise but I am too far away from any law library. Thanks anyway. One more issue: Say if I did engage a lawyer, can we claim that cost from the insurance company? 04 Apr, 2005 12:37:42

RE:Accident Claims (modified 0 times) manzsin Perhaps a better way is to think that getting a lawyer is NOT always involve with litigation in the court. More often than not, the objective is to get the matter settled before going to courts. If court action is required, court may allow the "winning" party to recover the costs paid for the lawyer. In most cases, only part of the lawyer cost is recoverable. You may well focus on the important, i.e. your insurance claim which is rather substantial. The legal fees are likely to be in the thousands, a small fraction comparing to your claim. I suppose it is not in your mind that getting your just insurance claim is more important than saving the lawyer's fee. Of course, whether you are getting good legal representation worths for their professional fees or not is entirely up to you. 05 Apr, 2005 17:48:01

RE:Accident Claims (modified 0 times) Tourist In most situation, the reluctant factor is usually to do with lawyers' cost, even if we think we have a good case or good chance of winning. And I suspect insurance company know that and that may contribute toward their couldn't-care-less or bully attitude toward us. If we have a good casae and if we know we can recover our lawyer cost, then we will be less reluctant to engage one and sue the heck out of the insurance company. 06 Apr, 2005 17:07:35

RE:Accident Claims (modified 0 times) ABC talk show ENZYME TOURIST MANZSIN talk show is here. 08 Apr, 2005 08:51:24

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