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HOW DO I DEAL WITH MY INSURANCE COMPANY ?

You should read your insurance policy carefully and report the accident to your insurance company within the period stated in your policy. It is advisable to immediately report the accident to them. You will be leave without coverage if you delay in filing in the claim.

Your claim must exceed the excess clause. The insurance company will only pay the difference between your claim and the excess amount.

Example:
Excess Clause : RM1,000 and your Claim : RM800
You are not able to claim from your insurance company

Excess Clause : RM1,000 and your Claim : RM1,800
Your will be paid RM800 only.

You will lose your no-claim bonus when you file in any claim from your insurance company.

Always arrange for your vehicle to be towed to an authorized workshop. The damage of your vehicle will be assessed by adjuster from the insurance company.

If another driver appears to be clearly liable, contact his insurance carrier. Inquire from them whether the particular policy is valid and if a claim number has been assigned. Explain in your correspondence that you were involved in an accident and would like to file in a claim against his policy. An adjuster should contact you regarding the situation and may offer to settle your claim for property and personal injury damage.

Some insurance companies may ignore your request for assistance. Should this occur, you may wish to obtain the advice of an attorney.

WHAT A LAWYER WILL DO ON MY BEHALF ?

When a lawyer is engaged, you will be ask to sign a warrant appointing and authorizing the lawyer to act on your behalf.

Your lawyer will take down a full statement from you and examine all the documents that you have. Your lawyer will then consider the evidence and explain to you the types and the quantum of claims that you may be granted.

A copy of the police report including the diagram of the accident scene (if applicable) and medical report will be obtained from the police station and hospital respectively.

Having all the necessary documents, your lawyer will write to the insurance company concerned for compensation.

If the compensation is inadequate, your lawyer will file a civil suit, prepare the documents and get ready for trial. All parties are free to arrive at a settlement even at this stage.

The insurance company will issue cheque in you name and forward it to your lawyer. Subsequently, your lawyer will contact you to collect the cheque from his office.

WHAT CAN I CLAIM ?

If you are injured in an accident, you can claim for

• Special damages which is specific expenses. These generally deal with specific monetary expenses incurred by the claimant as a result of the accident.
  Example : Transport, vehicle repair, medical expenses, hiring another vehicle.
  
  
• General damages are compensations for pain and suffering as a result of injuries caused to you.
  

However, if the matter goes to trial, the Court will decide the issues of

• Liability - Person who is responsible for the accident
  
  
• Quantum - The amount the injured party should receive

The defendant is said to be 100% liable if he is fully responsible for the accident.

In certain cases, the claimant is also partly responsible for the accident and thus said that the plaintiff is contributory negligent. In this circumstances, the Court will assess the degree of the claimant's responsibility in percentage terms in causing the accident and reduces the quantum accordingly. If the Court finds that the claimant is 30% liable, the Court will then reduces the quantum by 30%.