What You Need To Do In The Event of an Unfortunate Accident
Car Accident can occur unexpectedly and it always sudden and happen really quickly.
It is very important to stay calm and get help in this situation.
Never take the matter on your own hand.
If you loss your temper then you may doing something that you may never be able to take back.
What You Need To Do In The Event of an Unfortunate Accident
1) Be calm, avoid argument or dispute and not to be frantic.
Please check the damage of your own vehicle immediately and also note down the other vehicle’s number.
2) If there are any injuries involved, immediately call 999 and call for ambulance or fire engine
3) If no injuries, move your vehicle to a safe area away from the traffic. Remember to turn on the hazard lights to warn oncoming traffic of your position.
” Always avoid argument, dispute or controversy. Instead, politely request for important details.”
4) Exchange your respective insurance information i.e Identification Card Number, Car number plate, car make, contact number
5) Do take photos of accident scene, car and driver (if possible)
6) Should one suffer minor damages, it would be advisable to negotiate for an out of court settlement of the claim with the other party.
Do this only when BOTH parties agree to the amicable settlement.
Upon agreeing to the form of settlement in terms of consideration on cash or repair at workshop, one MUST sign a Discharge Form.
This Discharge Form(two copies) will Discharge both parties from any future implication of liability with regard to this particular incident.
If one chooses to make an own damage claim against their insurance company, he or she must report to the nearest Police station within 24 hours after the accident. failing to do so, the police will issue a summon amounting not more than RM300.00.
Your vehicle need to be inspected and photographs taken by the police.
It is very important to reject the services of tow trucks that arrive uncalled on the scene. They are everywhere and would reached at the accident scene in the split of second!
There are known as ‘vultures’ by locals, these tow trucks look for accidents and offer to tow the car to their workshop before charging an extremely high rate for their assistance. Always use your insurance company’s tow trucks services.
When there is a claim against your or their insurance company then the No Claim Discount(NCD) would be Void.
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What is NCD?
NCD For Private Car
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***Accident Do happen BUT NEVER Ever Loss your Temper!
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Malaysia Car Accident & Street Fight (freeway fight)
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A minor accident turns into a messy fight with sticks and shoes in the middle of a busy freeway in Malaysia.
Statistics on road deaths worrying
Everyone should play a role in ensuring road safety is a priority, says MB
THE number of road fatalities on Malaysian roads is high, but the number of casualties involving young and productive people is also a matter of concern.
Negri Sembilan Mentri Besar Datuk Seri Mohamad Hasan said whenever reports on the number of road fatalities are highlighted, people usually focused on the number of people killed during a given period and not their age profile.
“The majority of people killed on our roads annually are motorcyclists and pillion riders. These are young people and we should ask ourselves why the statistics on road casualties keep going up despite the many campaigns held by the government,” he said at the launch of the “Road Safety Walk” at the Seremban Municipal Council field recently.
All together now: Ong (in batik shirt) flanked by Mohamad and Suret Singh posing with participants at the launch of the ‘Road Safety Walk’ campaign at the Seremban Municipal Council padang recently.
He said a recent ministerial conference on road safety held in Moscow last November also placed road crashes as the leading cause of death for children and young people aged five to 29 years.
It was also revealed at the conference that road crashes killed more than 1.2 million people and injure or disable as many as 50 million a year.
Mohamad said although several organisations had taken the initiative to assist the authorities to reduce road accidents, the results were not encouraging.
“We have organisations which take the trouble to go to rural and suburban areas to give away free helmets in the thousands. But people still have this cavalier attitude and give little heed to road safety,” he said.
Mohamad said the young should be educated on the need to adhere to all traffic rules and not to treat the road as a race track.
“That is why we encourage the setting up of Road Safety Clubs in schools. We need to inculcate good habits in the minds of the young so that they would grow up knowing why it is important to buckle up in the car, not to exceed the speed limit and to stop when the traffic light is red,” he said, adding that 60 such clubs have been set up in schools in the state.
Mohamad said parents should also play a role to educate their children on such matters.
Citing an example, he said parents should buckle up while travelling and insist that their children did likewise.
“If we have the tidak apa (lackadaisical) attitude, then our kids will inherit this from us. We as parents muct show a good example,” he said.
Mohamad said parents should also ensure that their children wore their helmets even if they were travelling a short distance.
“Many may not realise it but people have been killed after falling from slow moving motorcyles. If we take the trouble to educate our children, we will be helping to save lives,” he said.
Transport Minister Datuk Seri Ong Tee Keat who was also present said 6,745 people died on the roads last year as against 6,527 in 2008.
This was despite the number of road accidents falling from 25,747 cases in 2008 to 24,672 last year.
“It is also said that every six of 10 casualties last year involved motorcyclists and their pillon riders,” he said.
Ong also advised motorists to be alert when on the road as accidents could happen in a split second.
fr:thestar.com.my/metro/story.asp?file=/2010/2/11/central/5653632&sec=central
Act on errant motorists
THE Chinese New Year has come and gone. However, to some 155 families, the festival has brought them pain and sorrow as a result of the loss of their kin in road accidents during Ops Sikap XXI as reported in “19 killed on 10th day of Ops Sikap” (The Star, Feb 18).
The contributing factor was rightly revealed in the cover story the next day, “Reckless lot” which reported the blatant flouting of traffic rules by motorists whose lawless behaviour even shocked the JPJ chief Datuk Solah Mat Hassan who was travelling from Kota Baru to Kuala Lumpur. As a dedicated civil servant, he did not forget his duty and issued summons to motorists who breached the law.
Now that he has seen with his own eyes how the motorists behave once they are behind the wheel, it is time for him to take the necessary measures to curb this phenomena and reduce the road accidents which not only inflict suffering on the victims and their families but also the country’s economy as a result of the loss of human resources.
One way to reduce road accidents is for the JPJ chief to delegate more resources to look into the causes of the mishaps that occur mostly on municipal roads, federal roads and state roads which accounted for 85% of the fatalities.
After identifying the problems, steps should be taken to rectify them immediately.
We should rope in major telco companies such as DIGI, Maxis and Axiata. They can play the social role by sending out road safety messages to their mobile phone users before a major festivity, thereby imparting the knowledge about the importance of obeying traffic rules in reducing road mishaps.
The messages should be written in three major languages so as to reach everyone.
Perhaps, the most-effective way to overcome the continued flouting of traffic rules is to allow law-abiding motorists to snap those flouting the laws and e-mail them to the JPJ’s website,
The offenders will find it difficult to bend the rules once their wrongdoings are relayed to the relevant authorities, thus bypassing the traffic police who at times can be soft-hearted and forgiving.
Based on such proof, the JPJ can then crack the whip and issue the summons to them. An incentive of RM50 can be considered as a reward to the sender. After all, JPJ can still recoup a profit of RM250 from each summon of RM300. It is a win-win situation for both parties.
The relevant authorities such as the Transport Ministry, the JPJ and NGOs should think out of the box to come up with effective measures to inculcate road courtesy.
TING LIAN LEE,
Johor Baru.
fr:thestar.com.my/news/story.asp?file=/2010/3/5/focus/5796929&sec=focus
New insurance plan a bane for motorists
KLANG: Motorists injured in road accidents may find themselves in limbo due to lack of compensation when the new basic third party motor insurance coverage scheme for bodily injury and death is introduced on July 1.
Under the “no-fault” third party scheme, aggrieved parties cannot claim damages from insurance companies.
(Under a no-fault scheme, compensation may be paid to all victims irrespective of whether they are at fault.)
Instead, financial awards will be given out by a consortium comprising several parties, and it is believed that a government body would also be represented.
Under the new scheme being drafted by Bank Negara, it is believed that awards would be capped.
An insurance agent, who declined to be named, said the worst-hit group would be those without jobs or in the lower income group.
“Those who have jobs will still receive their salaries, and their medical bills will be paid by their employers while they are recuperating in hospital. It is going to be very difficult for those without jobs and those employed on a contract basis,” he said.
The only way to get additional compensation would be to file civil action against the negligent party.
Lawyer Adrian Thambyraja said since most accident victims were motorcyclists who generally earned less than RM2,000 a month, filing a private suit would be beyond their means.
He said the onus was on Bank Negara to ensure that all loose ends were addressed before the new scheme was implemented.
“It would be a sad turn of events if victims or those who have lost a breadwinner end up not being duly compensated,” said Thambyraja, who sits on the Bar Council’s general insurance committee.
fr:thestar.com.my/news/story.asp?file=/2010/3/30/nation/5955420&sec=nation
CAP hails Najib’s statement on insurance
KLANG: The Consumers Association of Penang (CAP) has welcomed the Prime Minister’s statement that he will tell Bank Negara to consult all interested parties with regard to the proposed new basic motor insurance coverage for third-party injuries and death.
On Sunday, Datuk Seri Najib Tun Razak had in a televised interview said consultation was necessary before committing to the new policy.
CAP legal adviser Jessica Binwani said Najib had captured in essence what CAP and other interested parties had been saying – that Bank Negara should have consulted them before drafting the proposed scheme.
“Since the new scheme is going to have far-reaching consequences to the public, there must be proper disclosure by Bank Negara and meaningful engagement and consultations with all stakeholders,” she said.
Under the new scheme, motor vehicle accident victims may only be compensated for injuries and not for other vagaries such as loss of current and future income.
fr:thestar.com.my/news/story.asp?file=/2010/4/7/nation/6006816&sec=nation
Ensure new insurance scheme is fair to all
I REFER to the order from our Prime Minister asking Bank Negara to consult consumer bodies before coming out with this new basic third party motor insurance. Thank you, Mr Prime Minister.
Insurance companies, being entrepreneurs, need to make profits but not via taxpayers’ money. If insurance premium is not enough, then they need to review those rates.
May we ask insurance companies to disclose how much motor premium they collected and how much they paid out? Then we can judge.
The new scheme being planned is not good for those with an impeccable record.
What is needed is massive loading for motorists who constantly cause accidents. As it is, they only lose their no claims bonus.
It’s unfair to impose extra loading on old cars without looking at the capability and track record of drivers.
Limiting the payout is against human rights and paying from a taxpayer fund is not right. If the insurance company insists it is making losses, it should get out from the industry.
Maybe motor insurance is only viable via a government-held agency, such as the banking depositors’ insurance cover.
However, it is not justifiable to use taxpayers’ money to give profits to private insurance companies.
THE INSURED,
Kuala Lumpur.
fr:thestar.com.my/news/story.asp?file=/2010/4/9/focus/6017204&sec=focus
Bank Negara to address third party insurance issues
PETALING JAYA: Bank Negara is scheduled to address key issues involving third party bodily injury and death motor insurance on April 20.
The central bank is currently working with the relevant authorities and stakeholders to formulate a basic scheme for third party bodily injury and death, it said in a media advisory.
This is to provide an appropriate level of protection to the public, it added.
A local daily highlighted that some of the proposals that were discussed in a briefing yesterday at the central bank included a liability limit of RM2mil, limited legal recourse and an increase in motor insurance premiums.
These are among the proposals for the implementation of a controversial insurance scheme that aims to cap third party claims, the report said.
The report, citing sources, also said that the claims would be settled within a month.
fr:biz.thestar.com.my/news/story.asp?file=/2010/4/17/business/6074887&sec=business
Existing system can work well
IT has taken Bank Negara a full seven months to give some disclosure on its proposals to dramatically change motor insurance coverage and payments to accident victims and their families.
It is clear that these details are very preliminary and subject to further discussions with stakeholders.
Certainly, the proposed limit of RM2mil is much more reasonable than the RM100,000 that was previously talked about. However, I am sure there will be sub-limits indicating the range of payments to be made for the possible range of injuries that may be sustained.
It is necessary that a mechanism be put in place so that the overall limit and sub-limits are periodically examined to see that these amounts are realistic based on the increases in inflation and cost of living.
Regardless of whether these changes are finally adopted by the Government, the crucial issue in settlement of claims is the receipt of full documents.
Even Bank Negara’s new proposal for speedy settlement states that settlement is estimated to be two to four weeks upon receipt of full documentation. That is the problem faced by many accident victims.
It takes months (if not years) to get police reports and the outcome of police investigations on an accident. It also takes months (if not years) to get hospital reports on the injuries sustained by accident victims or post-mortem reports.
Indeed, it is a well-known fact that a certain large government hospital in the Klang Valley takes about two years to issue a medical report.
Before implementing any new scheme, and if Bank Negara truly wants speedy settlements to be the order of the day, there must be significant improvement in the delivery service of the police and the government hospitals on the outcome of police investigations and the preparation of hospital reports relating to accident cases.
I am not blaming the police or the hospitals – they have their priorities and their limitations. However, these limitations, whether they pertain to manpower, resources and skills, have to be addressed so that undue delays can be overcome.
Another point is that because of delays in obtaining these documents, accident victims and their families are under grave financial stress.
Many accident victims are from the low income group or contract workers/daily paid workers. Many of these victims and their families rely on lawyers handling the accident cases to pay for medical and surgical bills.
In fact, for those who cannot work for months, the lawyers even assist in their day-to-day expenses.
If the new scheme comes into play and lawyers are excluded, is the Government or the new company to be established prepared to pay these expenses pending the settlement of the insurance claims?
And who will do the running to get police reports, hospital reports and specialist medical reports?
Instead of a whole new system, I suggest we look at the existing system as things have changed for the better in the past few months.
The courts under the revitalised leadership of Tun Zaki Tun Azmi have taken bold steps in expediting the disposal of cases. There is much faster settlement of claims and/or disposal of claims.
There is need to further improve the system and one area would be the amounts that lawyers can take as fees and disbursements.
I am aware the Bar Council is putting in place a scale of fees for lawyers involved in personal injury matters to ensure that they are fairly compensated but not to the detriment of accident victims.
AG,
Kuala Lumpur.
fr:thestar.com.my/news/story.asp?file=/2010/4/23/focus/6112186&sec=focus
‘Use profits from comprehensive cover to retain third-party premium’
KUALA LUMPUR: Insurance companies should not increase third-party motor insurance premiums because it will burden the people, says MCA president Datuk Seri Dr Chua Soi Lek.
He said they should instead cross-subsidise the insurance by using profits from comprehensive motor insurance policies.
The companies, for instance, reported a RM1.6bil profit from comprehensive motor insurance and RM970mil in losses from third-party insurance in 2008, he told a press conference after chairing the MCA presidential council meeting here yesterday.
Third-party policy provides cover against death and injury to third parties, it provides protection against other legal liabilities such as damage to the property of a third party (usually somebody else’s car or motorcycle or a neighbour’s gate) and certain specified legal costs
On the other hand, comprehensive insurance policy covers accidental damages to the insured’s own vehicle.
This additional cover enables the vehicle owner to have his vehicle repaired, reinstated or replaced in case of accidental damage or loss.
On a separate matter, Dr Chua said non-Muslim couples, particularly those in rural areas, needed the services of assistant registrars (AR) empowered to register their marriages in one-stop-centres like churches, temples or associations.
A ruling, effective April 1, whereby the couples must collect their marriage application forms and get their unmarried status verified by the NRD before they can register their marriage in any one-stop centre has caused concern among the community.
The centres are for couples who are both Malaysians.
According to NRD director-general Datuk Alwi Ibrahim yesterday, the new ruling would make it easier for ARs to carry out their duties as they would no longer need to verify the couples’ status or their personal information with the department.
Dr Chua said the NRD should conduct courses for the ARs so that they have a better understanding on their duties and responsibilities, adding that action should be taken against ARs who violated their power.
Dr Chua said the meeting yesterday also discussed the party’s up-coming dialogue with Prime Minister Datuk Seri Najib Tun Razak on the 10th Malaysia Plan.
fr:thestar.com.my/news/story.asp?file=/2010/5/12/nation/6241789&sec=nation
New motor policy next year
KUALA LUMPUR: The new basic motor insurance to replace the existing third-party motor insurance will be implemented by early next year.
Third-party policy holders, mostly motorcyclists, will have “assured accessibility” to the new scheme, which is jointly provided by the Government and the insurance industry.
The insurance industry, which incurs about RM1bil losses a year by selling third-party policies, has been increasingly reluctant to offer such policies.
The low premium for third-party policies, which has remained unchanged since 1978, has contributed to the massive losses.
A Finance Ministry source told The Star that the Government would have to subsidise the new scheme if the current premiums were to remain.
Some 3.54 million of the 10.8 million motor policies at the end of last year were third-party, which came with a very low premium. The rest were comprehensive policies.
Third-party policies cover the damages incurred on the innocent party in a road accident while comprehensive policies allow both parties to claim for insurance payments.
For instance, the owner of a 1300cc Proton valued at RM42,000 last year only paid RM72 in premium for a third-party policy to insure against third-party bodily injury and death, and property damage.
The owner would have had to pay RM1,291.20 for a comprehensive policy to insure against thirdparty bodily injury and death and property damage, own damage and theft.
The coverage for the new basic motor insurance is similar to the third-party policy.
Owners will also be offered options — from topping up their coverage of third-party bodily injury and death to others like theft, own damage, passenger liability, personal accident, windscreen, flood and others.
The scheme comes with a liability limit of up to RM2mil and settlement time is targeted to be between two and four weeks.
Under the current third-party policy, which has no liability limit, it takes between one and three years to settle claims.
The Government and the insurance industry will be the joint and sole provider for the new scheme under an entity named TPBID Newco.
fr:thestar.com.my/news/story.asp?file=/2010/5/14/nation/6260372&sec=nation
Basic third party motor scheme delayed
Bank Negara wants to ensure insurance plan is fair to all
PETALING JAYA: The implementation of the proposed basic third party motor insurance scheme is expected to be delayed.
The scheme was initially expected to be launched early next year but has been delayed due to the need for further discussions and consultation. “At the moment, the central bank is collecting feedback from the public and relevant bodies. A dialogue with the Bar Council and relevant associations will follow suit.
“The submission of the proposals to the Finance Ministry will not be as early as next month as reported earlier. This is because the central bank wants to consult all groups to ensure the scheme is fair to all and does not burden any specific group or individual,” a source told StarBiz.
According to him, Bank Negara was also looking at setting up a task force to improve settlement of claims before submitting the proposals to the Government.
He said apart from getting feedback from the public and associations, the central bank had also received views from foreign organisations involved in the establishment of similar schemes in Australia and the United States.
The proposed scheme would cover third party bodily injury and death (TPBID) and third-party property damage. A new company (newco) comprising the Government and insurers would be established to undertake TPBID coverage.
The TPBID scheme would come with a liability limit of up to RM2mil, while the timeframe for claims settlement is targeted to be between two and four weeks.
The scheme would have a fixed scale and limit on heads of damages as well as limit legal recourse.
The public and consumer groups are against the establishment of the newco, saying that the premiums paid to fund it would be tax payers money and akin to another government-linked company using public funds to compensate insurers.
National Consumer Complaints Centre (NCCC) chief executive officer Muhammad Sha’ani Abdullah said the TPBID coverage should be managed by a statutory body like Socso as the payout for such cover takes a long time and creates hardship on claimants who are already faced with disability and financial constraint.
He said the setting up of a dedicated statutory body to handle the claims and guaranteeing medical treatment speedily as well as training and rehabilitation, would benefit claimants.
Consumer Association of Penang (CAP) president S. M. Mohamed Idris said it was not in favour of the setting up of a newco unless it was a no-fault scheme. CAP does not want insurance companies to have a say in the newco. It wants a no-fault scheme to replace the current scheme.
Mohamed Idris said the proposed scheme was a rehash of the existing third party motor insurance coverage because it was based on fault finding before a payout can be made.
“Too much time and effort goes into determining fault, whereas our efforts should be to assist all persons affected by road accidents, to rehabilitate those who are seriously injured and to assist families of those unable to work. CAP feels that the proposed scheme by the central bank can never achieve such an objective,” he said.
Muhammad Sha’ani said there was no need for a new mechanism to cater to third party policy holders as their numbers were small.
Instead, he suggested that a plan be put in place to progressively adjust the rate of premium to reflect the actual cost of cover.
Mohamed Idris said the proposed scheme would burden to those affected by accidents, especially, if their claims exceeded the individual caps for the different heads of damages.
“The claimant will only get what the newco is bound to give under that particular head, and will have to sue the other party for the balance. Without any insurance, it is highly unlikely that the claimant will recover the additional amount,” he said.
fr:biz.thestar.com.my/news/story.asp?file=/2010/6/9/business/6425341&sec=business
Road map to safer driving
In the past two weeks, some horrific road accidents made headlines, including a family of six who died in their new car. Just how safe are our roads, how roadworthy are our vehicles and how seriously do we take safety measures?
WHEN budget cuts dictated a reduction in road safety advertising in the media, there was a decline in the usage of the rear safety belts, too.
According to Road Safety Department (RSD) statistics, compliance with the use of rear safety belts reached a high of 48.15% after it was first introduced in February 2009, but dropped dramatically to a mere 13.9% by October 2009 – despite the obvious safety benefit of wearing a seat belt. On the postive note, however, it was only at 1% before the exercise.
“We have had some severe budget cuts, and that affected rear seat belt usage compliance. Our media exposure was reduced from April, and it matches the decline,” says RSD director-general Datuk Suret Singh.
Constant reminders are obviously needed for motorists to uphold “new” laws and road safety measures in general. But in many ways, there has been marked improvement in road safety consciousness and measures.
For one, over the past 10 years, the fatality index (the ratio of accidents to fatalities) has fallen by 37.72% (see chart), and the number of injuries has fallen by 44.14%. This is a significant development in view of the fact that the number of vehicles on the road has almost doubled in the corresponding period.
Although this is still way off from the zero fatality vision of the RSD, the statistics are encouraging and showing an increasing trend of road safety practices. On paper at least, they do. The fact is road safety awareness and practices are crucial in order to save lives. At an event attended by driving instructors from around the country in Pekan, Pahang last month, Prime Minsiter Datuk Seri Najib Tun Razak outlined three core aspects of road safety he would like to see among Malaysian road users.
The first is the competency level of Malaysian drivers brought up to par with best practices around the world. Second, stringent adherence to traffic laws, coupled with effective enforcement, and finally road courtesy improved across the board.
Suret says that in general, drivers need a change of mindset, have to discard bad driving habits and adopt a “safety first” culture.
“This takes time. What we are trying to do is change habits and replace it with a new culture, so we cannot expect immediate change,” he says, but noting there has been progress.
“For example, people are wearing more high quality helmets these days, and buckling them as well. Some are even wearing vests when we have not made it compulsory.”
He believes there has been a significant increase in awareness since the formation of the RSD although there is still much room for improvement.“People are still beating red lights and using handphones while driving. Aspects of bad behaviour are still there, but it is not getting worse,” he says.
In terms of the fatality index per one billion vehicle kilometres travelled (BKT), Malaysia is ranked 58 out of 178 countries on the World Health Organisation’s Global Status Report on Road Safety 2009. The data provides a good measure of national road safety.
“This is a good indicator – we are not the best, but we are not the worst either,” he says.
But on the global road map, says Prof Dr Ahmad Farhan Mohd Sadullah, Malaysian Institute of Road Safety Research (Miros) director-general, Malaysia does not compare well with safety conscious countries (see chart).
“Not only we are seeing drivers and road users exemplifying poor attitude towards road safety, but parents – those who are supposed to put safety first, are beginning to compromise on that,” he says, adding that the number of children riding motorcyles without a driving licence or wearing a helmet is testament to that.
“Creating awareness is only the beginning – we need to change their behaviour,” he says.
Suret says that a self-regulatory culture is still lacking.
“Road user behaviour is dependant on law enforcement, which indicates the lack of safety-first culture. Seat belts should be used not to comply with the law, but to enhance the safety of themselves and their loved ones,” he says.
Dr Ahmad Farhan says that it is not the responsibility of any one particular individual or agency to ensure road safety.
“Every party must play their role. This goes from the road users, parents and family, enforcement agencies, driving schools and others,” he says.
Suret outlines the four pillars of the RSD’s 2006-2010 road safety plan, and some of the key milestones it has achieved.
“There are four pillars of road safety, namely education, enforcement, road and vehicle engineering and a safe environment,” he says.
Under the education aspect, road safety is being taught in schools until Year Six.
“We met our planned objective, and beyond – there are road safety clubs, traffic wardens in many schools now,” he adds.
Dr Ahmad Farhan says that the current defensive driving course of the Road Transport Department (JPJ) requires urgent upgrading.
“We have done an evaluation and have found out it lacking. We have concentrated our training on the cognitive (information and rules) and psychomotor (driving skills), but we lack the affective element (being taught on how to put safety first),” he says.
As for enforcement, Suret says the probability of being caught was in the low 20% compared to about 40% now.
“The punitive action taken against the offender is very important,” he says, adding that the next strategy is to introduce auto enforcement systems such as speed cameras on roads.
“It is going to be a massive exercise, and will be launched in September 2010,” he says.
Engineering advancements have been made too. Malaysian roads are good, according to a study done under the International Road Assessment Programme (IRAP).
“About 85% of our highways received a four-star rating and 43% of federal and state roads (of 3,700km surveyed) received one to two stars.
“Based on this, eight countermeasures, which will reduce fatalities on the road, have been recommended,” he says, giving the examples of having motorcyle lanes, widening road shoulders and constructing pedestrian crossings.
“Under the 10MP, road authorities will give priority to these countermeasures, particularly motorcycle lanes,” says Suret.
The safety features of vehicles are improving, too.
“A new design standard for buses have been implemented, and the RSD is drawing up a similar standard for lorries.”
He adds that a proposal has been made to make ABS (antilock braking systems) compulsory for new cars within two years, but the industry has asked for four. All new Proton and Perodua cars have fitted airbags to their models since 2008.
fr:thestar.com.my/news/story.asp?file=/2010/6/13/nation/6459404&sec=nation
Three road users nabbed
KUALA LUMPUR: Two private college students and a despatch rider were arrested here for driving a car and riding two motorcycles in a reckless manner.
The youths, aged between 18 and 20, were detained early yesterday during Ops Samseng Jalanraya to nab speedsters and reckless drivers and riders in the city.
The police also seized a car and two motorcycles, KL traffic police head of the special enforcement unit, ASP Azmi Wahib said.
He said the three would be investigated under Section 42 (1) of the Road Transport Act 1987 for driving or riding in a reckless manner.
Azmi said 185 cars and motorcycles were checked during the operation from midnight to 4am, with 106 summonses issued for various offences.
fr:thestar.com.my/news/story.asp?file=/2010/6/14/nation/6463437&sec=nation
147km Kuantan-Segamat highway upgrade under study
ROMPIN: The Works Ministry will carry out a study on upgrading the Kuantan-Segamat highway to a dual carriageway following fatal accidents involving two families that occurred there within two weeks.
Minister Datuk Shaziman Abu Mansor said the study on the 147km-long highway, also known as Tun Razak Highway, would be conducted as soon as possible.
“I will raise this matter up to the Economic Planning Unit and ask for the project to be included in the 10th Malaysia Plan,” he told reporters after opening the Rompin Umno division delegates meeting here yesterday.
Also present were Rompin Umno division chief and Rompin MP Datuk Seri Dr Jamaluddin Jarjis, Deputy Human Resource Minister and Muadzam Shah assemblyman Datuk Maznah Mazlan and Tioman assemblyman Datuk Johari Hussein.
Shaziman said this in response to Thursday’s accident in which five family members were killed and three seriously injured at the 87th kilometre at about at 7.45am.
On June 7, a woman, her four children and her brother were killed in an accident on the highway. Both accidents occured about 10km from each other.
Shaziman said his ministry was looking into the possibility of building a new route from Rompin and Pekan in Pahang to Bahau in Negri Sembilan during the 10MP.
“This new Kuantan-Bahau-Serting route would enable motorists to bypass the East Coast Highway,” he added.
On the progress of the second phase of the East Coast Highway, Shaziman said there was a slight delay because of the contractor’s poor handling of the project.
Shaziman said the RM3bil 190km highway from the border of Pahang to Kampung Gemuruh in Terengganu had been scheduled to be completed by next year but was only expected to be completed in 2012 now.
fr:thestar.com.my/news/story.asp?file=/2010/6/21/nation/6511100&sec=nation
Retold: Plaintif 1- “I was a front passenger of a small(Kancil 660 cc) car which after avoiding another vehicle, and while attempting to return to our lane, collided head-on with a speeding truck killing the driver Abang Aziz(my employer) and leaving me unconcious with internal bleeding and multiple fractures and concussions(Brain Trauma). I was struggling for my life and could have died and was given blood infusion. As a result of that I am now a handicap(Hip)and suffers from brain injury(I was innitially treated for Post Traumatic Syndrom but later for Psychotic/skitzophrenia/Mood disorder etc.) and memory impairment and is on long term psychiatric drug. The sum of RM200,000 was estimated of the injury claim alone.
Memory of the accident start returning about the second year post m.v.a and now I can recall how the accident happened and I realised that the version from the truck driver, Rajah is different. I got shocked that the photos of the truck actually coinsides with my recollection. The Front Right wheel of the truck was damaged and pushed outward consistant with the angle of our car trying to return to our own lane and not as Rajah(truck driver) state- “after he veered his truck to left side of the road we keep coming and hit his truck. This would have pushed the Right front wheel inwards instead. I will try to get this verify this with Prof. Donald Chuah(USM) who is an expert in physics. Also the long stretch of brake marks indicates and prove that the lorry was speeding. According to the simple law of physics of momentum, Inertia and Velocity:- It was the force and momentum from the lorry that caused our car to spin and be pushed ‘foward’ and ‘inward’ ‘nearer’ to the truck. On the other hand, if the version from the druck driver had been true, and the force is from our small under powered car(kancil)which is highky unlikely, Our car(Kancil) would have been pushed/thrown ‘backwards'(Behind the lorry) and ‘away’ from the truck. The police sketch does not show fault but only shows the thereafter position that is the vehicles had moved or been moved right after the collision. I realised that the side of car was touching the median(line) rather than was drawn as completely on the other side. This was a car which had spun 360 degrees.
In my opinion if the truck had been driven slower, and if he had applied the brakes ealiers or had veered to the left side more, our car would have cleared its path and had returned to our own lane safely and the accident may not have occured. The driver was a indian senior citizen nmae Rajah.
Then I was managing my own a government affliated training center which receives payment student fees directly from the govenment and at the same time working as an IT Engineer in SEPAKAT PERKASA TECHNOLOGY(deseased’s company). We were both very active and health-concious individuals who do not smoke or drink even on occassions and I swim regularly as part of my lifeguard training programme. After the accident, I was bed-riddened for almost a year and it was extremely difficult for me and I was fortunate to have found Nizam to be my stay-in caregiver thoughout the years.
Since I do not have recollection of the accident right after the accident and could only assumed that I may have fallen asleep at the point when my counsel(lawyer firm)’s agent brought me to make a police report in Taiping. They assured me it is best to say I had fallen asleep and I did as they advised after being assured that It’s a 99% case and I need not to have to worry and I am in good hands and given a picture/impression it is a ‘sure win’ case since I am a passenger.
After 6 1/2 had passed and I was finally called for trial afetr many postponements. Days before trial I went to see my lawyer for briefing as per their invitation. Shockingly, the story had changed drastically and now they are saying that liability is heavy on our side and she is only able to get ex-gratia RM5,000 from the opposite side’s insurance(KURNIA INSURANCE). Through out the first few years, my lawyer’s husband innitially and continuously told me that we they litigate as Kurnia’s settlement is normally not good and all we need to do is to prove 1% negligence and we hit home run. Sure does sound like good confidence to a layman. I was very relieved to hear that but now the entire story had changed completely. I was not informed of their strategy etc. but was not adequately updated of the progress of the case and in fact that he had actually told me both side’s insurance is KURNIA many times. I later found out that our side is UNIASIA.
They also told his agent that the car is mine when the car actually belonged to my boss, Abang Aziz, a mentor, father-figure and friend; the deseased driver.
Previously I turned up in court although they told me it was postponed and many times reason given was judge on leave and UNIASIA had given a statement to defend the deseased driver(my boss) by stating he was not negligent as he had to go into the oncoming lane to avoid another vehicle in his own lane.
During my first appeareance in court after 6 1/2 years, she(my lawyer) arrived 1 hour late and advised me to take the settlement which had doubled from RM5,000 a few days ago to RM10,000. She showed me the sketch map and said the liability s heavy on my side even and if the offer is for today(1 day) only and if I decline, I would have to look for a new lawyer. She also at that time showed me my payslip and asked me if the company was mine.(I was puzzled but too shocked to respond at that time).The court commenced and the honorable learned jugde asked her what is the status and she replied, “Revising Offer” and then asked KURNIA’s(defendant’s) lawyer how much was the offer and he(Kurnia’s lawyer) replied with slight hesitance and softly, “RM10,000”.
The honorbale learned then asked if our side’s insurances(UNIASIA) was called to defend itself and she(my lawyer) replied yes, it was filed but they(UNASIA) did not bother to file a defence after they realised the policy did not have passenger coverage. By default, upon purchasing a car in Malaysia, there will be no paseeneger coverage unless it was purchased as an ADD-ON(Unlike SIngapore shich is compulsory and Malaysian car which enters Singapore-It’s an offence). When the car was bought, we were NOT told of the passenger coverage add-on option.
The honorable learned judge then set 2 weeks for for the three parties to present themselves and will announce another date for me to appear in court again. My lawyer only spend a brief monent with me on the trial day and was mostly seen engaged with the opposite side’s lawyers after the court session. I was accompanied by my hired caregiver, Nizam, and my parents. I was on two crutches but had brought my wheelchair along just incase my leg pain got worse.(It’s normally quite bad in the morning and after long hours sitting). I was prescribed TRAMADOL(a Morphine group painkiller) which I only take if I really need it fearing addiction.
Days before, I tried to get a copy of my payslip, etc. which I had submitted years back to make sure I do not say the wrong things in court but was denied even from viewing, Eventhough I felt strange but I was told it is better to potray a forgetful person as it was stated that I had memory impairment complaints in my medical report. On the day of trial, after the learned judge stepped down a brief moment making way for us to discuss, I was in a state of shock and was not stable enough to make any decisions.
My parents also felt the same as it had come to this after 6 1/2 years, the story took sudden bad turn. She said the offer is only valid for the day(1 day) only. She also mentioned that is a new judge and even if I win, the other side will escalate and appeal in the higher courts to over turn the decision. After, I relate the incident to my family and friends, they expressed sympathy and expressed. I am the only son in the family and my parents had high hopes for me and they are all shattered now. I am still single, my business/career gone, leaving behind a huge debt, permanent physical and mental disability.
As if the greatest loss- Abang Aziz; a friend, mentor and boss whom I sacrificed my career in Singapore and returned to help setup his recond computer business is not enough, I now have to fight for my own survical and reestablisedh a new standard of the meaning of quality of live. I am just a victim of an unfortunate accident hoping for best counsel and had waited more than half decade to receive good news and minimnal consolement.
Now both party’s insurance refuse to pay the claim(s). I am torn between telling what actually happened during the accident and sticking to the police report as my layer advised. If I tell the truth, my lawyer said it will not look good on me and will achieve nothing but if I don’t, my conscience will bother me till the end of time. I would think if abang Aziz is slive, he would want me to be tell what had actually happened. Only God knows what we went through. May Allah keep his soul and comfort his family.
TRUCK CRASH LEAVES WOMAN QUADRIPLEGIC – 6.5 MILLION
A 38-year-old woman was driving in the right-hand lane on Highway 10 in Cushing, MN near her home. Traveling too closely behind her was a semitrailer. Another semitrailer, was tailgating the first semitrailer. At the last minute, the second semitrailer veered into the left lane to avoid a collision with the woman. As the second semitrailer was traveling too close to the first semitrailer, the driver was unable to avoid crashing into the woman’s vehicle. The collision crushed the rear of her car to just behind her driver’s seat. The woman sustained catastrophic injuries rendering her a quadriplegic.
JURY AWARDED TRUCK CRASH VICTIMS AFTER CRASH KILLED SON, INJURED OTHER SON AND MOTHER BECAME PARAPLEGIC – $9 MILLION
A mother and her 14-year-old daughter were passengers in a vehicle driven by 18-year-old daughter. Driver/daughter was driving eastbound on Interstate Highway 94 near Evansville, MN, when she hit a patch of ice and lost control of her Volkswagen. The vehicle spun through a median into oncoming traffic and was struck by a semitrailer. As a result of the accident, the mother became a paraplegic, and 14 year old daughter was partially paralyzed. 17-year-old son died, and her 13 year old son was injured.
The case was brought before a Ramsey County jury for a seven-week trial arguing that Volkswagen was negligent in the making of the vehicle, the truck driver was at fault, and 18 year old daughter was negligent in her driving. After dismissing claims against Volkswagen and the truck driver, the jury awarded almost $9 Million to the mother and injured daughter.
WOMAN SUSTAINED AMPUTATION OF LEG SETTLED FOR $550,000:
A woman was traveling westbound on Highway 23, a divided four-lane highway, when she noticed a vehicle stopped at the intersection of 28th Avenue. She was traveling at the posted speed limit of sixty (60) miles per hour. The driver of the stopped vehicle, claiming not to have seen woman’s vehicle, proceeded southbound on 28th Avenue, pulling out into the direct path of client. Woman was able to apply her brakes prior to impact, but was unable to avoid the collision. Because of the serious injuries sustained in the accident, woman’s right leg, just below her knee, had to be amputated. The case settled for the $500,000.00 liability policy limits, as well as the $50,000.00 UIM policy limits.
3rd-party insurance draft will be sent to Govt in Dec
KUALA LUMPUR: Bank Negara will submit the final proposal for a new basic third-party motor cover scheme framework to the Government in December.
In a statement yesterday, the central bank said it had, together with the Ministry of Finance, completed initial consultation sessions on the proposed framework with key stakeholders in April.
A consultation paper, explaining the rationale for proposing a basic scheme, guiding principles, objectives and broad features under consideration was posted on Bank Negara’s website for members of the public to provide their feedback on the scheme.
As at end-May, 125 respondents submitted their feedback via email, memoranda or letters to editors of national newspapers.
Feedback had been received from the public, consumers, transport and business associations, political parties, Members of Parliament, the Bar Council and lawyers, insurers and insurance agents.
The majority of respondents concurred that the priority of the reforms to the insurance scheme, in relation to the third-party motor cover framework, should be on addressing issues of delays in the motor insurance claims settlement process.
The majority were also open to the need for gradual adjustments to the motor insurance premiums to address price misalignments and to the possibility of moving to a risk-based pricing system.
There was agreement that this move would encourage safe and responsible driving as well as ensure the availability of motor insurance coverage in the long term while spurring competitiveness and increased efficiency among general insurers and takaful operators.
Most respondents also raised concerns on the expected cost to the Government in setting up a new entity to oversee and manage the new scheme.
On the proposal to cap third-party injury and death claims, some respondents were in favour of the imposition of reasonable caps on overall claims while certain segments felt that restricting the rights to, as well as having limits on the amount of compensation, could result in accident victims being insufficiently compensated.
Meanwhile, the possibility of adopting a No-Fault-Liability system to replace the existing system as a more equitable approach in ensuring accident victims were promptly compensated was also raised by some respondents.
While those in favour of such a scheme considered it a solution to the current inefficiencies, others voiced objections that this might not be a practical system for Malaysia and might not provide sufficient compensation.
In the statement, Bank Negara said all feedback received were being taken into consideration and further engagement with stakeholders would be undertaken to provide a holistic solution. – Bernama
that ensured adequate protection to motorists and road users at reasonable premiums.
The review will involve resolving the appropriate overall limit of compensation; enhancing the existing court system to resolve disputes; phasing-in of additional measures to enhance the efficiency in the overall claims settlement process and instituting gradual premium adjustments over time to reflect the cost of insurance.
The infrastructure to support the framework will also be further reviewed to minimise the costs to the government, taking into consideration, the constructive feedback received.
In addition, extensive efforts will also be undertaken towards significantly improving the overall claims settlement process which would require the full support of all relevant stakeholders.
BERNAMA
TNS SHO VMD
fr:biz.thestar.com.my/news/story.asp?file=/2010/7/9/business/6632614&sec=business
Customers will lose out, say workshops
By IZATUN SHARI
PETALING JAYA: A feud between car repair workshops and insurance companies over repair costs is likely to jeopardise customers following a threat by workshops to use only non-original spare parts.
The move by the Federation of Automobile Workshop Owners Association Malaysia (FAWOAM) came about as it accuses motor insurance companies of deducting sometimes up to 30% in settling claims for repair costs.
Their refusal to use Original Equipment Manufacturer (OEM) parts could depreciate the resale value of the vehicle, besides compromising consumer safety.
However, FAWOAM president Kong Wai Kwong acknowledged that only some motor insurance companies were declaring a cut of between 20% and 30% for OEM parts.
“The workshops buy original parts at 20% discount from suppliers but some motor insurance companies would slash 30% from their repair claims. So even before the workshops start the repair works, they have already registered a 10% loss.
“For example, a BMW OEM part is only offered at a 0.7% discount but insurance companies impose a 20% deduction,” he said, adding that this meant that the workshops would have to bear the high costs of those spare parts.
Insurance companies, he said, should follow the price list of OEM parts which was outlined in the Motordata Research Consortium database.
On Sunday, FAWOAM took out newspaper advertisements to say that non-OEM parts would be used if insurance firms impose more than a 10% cut.
Kong said the association raised the problem in March with Bank Negara and was told to discuss it with General Insurance Association of Malaysia (PIAM).
PIAM executive director Lim Chia Fook confirmed it met with FAWOAM in April, during which it had requested the association to provide supporting data on the issue.
There had been no response to date, he said.
fr:thestar.com.my/news/story.asp?file=/2010/7/29/nation/6739458&sec=nation
A financial nightmare for some house buyers
I refer to the report “Travel ban” (The Star, Aug 7). When one takes a loan from a bank or financial institution to finance the purchase of a property, the cardinal rule is that one has to repay the loan.
I have heard from buyers during meetings and have read in the newspapers of buyers ending up with the short end of the stick when the projects they bought into are abandoned. Instances of buyers being short-changed by errant developers and left in the lurch to fend for themselves are not uncommon.
Many suffer in silence and are further bewildered when they are let down by the relevant authorities which are supposed to have adopted stricter supervision and stringent enforcement.
The worst are the runaway developers who leave behind incomplete and abandoned projects. The buyers have to service monthly interests and instalments. How long can these buyers, who have borrowed from the banks or financial institutions, endure the burden of having to repay the disbursed (part or whole) of the loan sum and also the rentals while not having the promised houses. The result can only be financially crippling.
The seemingly simple undertaking of buying a house can go terribly wrong and those unfortunate buyers can end up in a financial nightmare with the attending legal complications. Few are able to get out of such situations without serious financial losses.
Some will even end up with bankruptcy as the only resort. Nobody in his right mind would want to be a bankrupt. There are far too many restrictions for a bankrupt on top of the social stigma.
As of May, the Insolvency Department stated that there are 215,577 cases of bankruptcy registered with the High Courts of which 196,473 persons have been declared bankrupts. I wonder what percentage of these bankrupts are caused by reneging housing developers.
CHANG KIM LOONG,
Hon. Secretary General, National House Buyers Association
fr:/thestar.com.my/news/story.asp?file=/2010/8/18/focus/6871554&sec=focus
One-stop payment centre
By LOH FOON FONG
KUALA LUMPUR: Millions of traffic offenders may soon have the option to pay traffic summonses issued by three agencies at the nearest post offices or one-stop centres.
Transport Minister Datuk Seri Kong Cho Ha said the Cabinet was mulling over the proposal.
He said the Cabinet was thinking of ways to resolve the backlog of unpaid summonses and how they could ease the payment process.
“We want to encourage traffic offenders to pay up summonses immediately,” he added.
“If the proposal is approved, a one-stop centre or the post office will accept payments for summonses issued by the police, Road Transport Department (JPJ), Kuala Lumpur City Hall or other local authorities.
“Traffic offenders do not need to go to different places to pay up,” said Kong after launching delivery company TNT Express Worldwide’s fifth anniversary and the launch of its Asia Road Network yesterday.
Data obtained from the ministry revealed that the total outstanding traffic summonses issued as of Aug 16 was 1,665,040.
However, only 427,226 (26%) of them were settled.
The number of outstanding summonses issued from the police were 909,015, City Hall 551,701 and JPJ 204,324. The number of summonses settled at the agencies were 331,234; 36,075 and 59,917 respectively, he added.
Kong also said that the Cabinet’s decision to defer the blacklist of traffic offenders until Feb 28 next year had resulted in fewer people coming forward to pay up.
A total of 114,093 summonses issued by the police, JPJ and City Hall were collected from July 31 to Aug 6.
However, after the postponement was announced on Aug 12, only 74,422 summonses were collected from Aug 7 to Aug 13.
fr:thestar.com.my/news/story.asp?file=/2010/8/27/nation/6932142&sec=nation
Be patient and alert on the road, advises Muhyiddin
By FLORENCE A. SAMY
KUALA LUMPUR: The integrated road safety campaign for Hari Raya kicked off with Deputy Prime Minister Tan Sri Muhyiddin Yassin urging motorists to exercise caution.
He called on motorists to drive carefully during their balik kampung rush and when visiting family and friends in their respective hometowns.
“Accidents can happen anywhere. Take care of the three Ks – kelajuan, kesabaran and kecergasan (speed, patience and alertness).
“The choices we make on the road can lead to good or wretched consequences. Choose wisely and preserve life,” said Muhyddin, who launched the campaign yesterday at KL Sentral. The campaign ends on Sept 18.
Speeding, he said, could cause one to lose control of the vehicle and endanger the lives of loved ones and those in other vehicles.
“Remember, speeding can cause death. We must also be patient on the road and exercise caution when overtaking, especially when there is heavy traffic during the festive season. Do not overtake dangerously or at forbidden zones as it can cause serious head-on collisions.
“We must also be alert and have enough rest before starting on our journey. Pull over at the rest stop and not at the side of the road if you need to take a break,” said Muhyiddin, who also emphasised the importance of child seats and buckling up.
He said 6,745 deaths were recorded last year, of which 60% were motorcyclists or pillion riders. Road accidents caused RM9bil in socio-economic losses last year.
Muhyiddin later gave out appreciation certificates and goodie bags to road accident victims who were now road safety ambassadors.
fr:/thestar.com.my/news/story.asp?file=/2010/9/5/nation/6985141&sec=nation
PLUS rapped for easing emergency lane rule
PETALING JAYA: A road safety activist has taken PLUS Expressways Berhad to task for allowing emergency lanes to be used by vehicles during the Hari Raya festive season.
Road Safety Marshal Club president K. Balasupramaniam said the announcement by PLUS Expressways chief operating officer Nik Airina Nik Jaffar on the opening of emergency lanes at seven stretches along the North-South Expressway from Sept 9 to 19 would confuse drivers and tempt fate.
“The emergency lane is not suitable for traffic because the road measurements are not uniform, they are narrow and can pose a danger to motorists,” he told The Star yesterday.
Balasupramaniam said the emergency lanes were meant only for vehicles to pull over in case of breakdown and for ambulances or fire-engines.
“Don’t forget that many traffic accidents occurred, especially involving motorcyclists, because the emergency lanes were abused,” he added.
He also criticised Road Transport Department director-general Datuk Solah Mat Hassan for suggesting that motorists take photographs of errant drivers and report them to the JPJ.
Balasupramaniam said motorists who tried to snap pictures of offenders running away from a crime scene or errant motorists were putting their own safety in danger.
“This is a question of liability. Will Datuk Solah take responsibility if anyone is harmed when they are taking photos?” he added.
Meanwhile, Road Safety Department director-general Datuk Suret Singh told drivers not to take pictures of other vehicles when they are at the wheel.
“The drivers must focus on driving and nothing else. They should not even use their mobile phones, let alone use a camera to take photographs of other vehicles,” he added. Suret clarified that Solah had meant that it should be a car passenger who could take the photographs.
fr:thestar.com.my/news/story.asp?file=/2010/9/6/nation/6986353&sec=nation
I heard about this case. Many people is talking about it. I think it reached the General Attorney’s, The Bar Council and even the PM’s office. The question is why had Your lawyer, Sunita Kaur Sandhu from Ajmeer Sandhu & Ong Bishop Street not been transparent to you. Do they have problems litigating against Kurnia. Sure sounds like She is more against you than for you. Hey, you are the passenger and they are saying the lorry is 100% faultless? What did the judge say? You got to watch out for bad lawyers. There is a ROT in the industry. Why so many years? Just complain her to the Bar Council and get a new lawyer if I were you. My friend in the Kurnia told me, the lawyer can “kau tim” and receive a second cheque. Don’t know how true. Anyone has any info? Never like panel lawyers, silap-silap their spoil your case can get payment from Kurnia.
JUST TERRIBLE!
——————————————————————
Retold: Plaintif 1- “I was a front passenger of a small(Kancil 660 cc) car which after avoiding another vehicle, and while attempting to return to our lane, collided head-on with a speeding truck killing the driver Abang Aziz(my employer) and leaving me unconcious with internal bleeding and multiple fractures and concussions(Brain Trauma). I was struggling for my life and could have died and was given blood infusion. As a result of that I am now a handicap(Hip)and suffers from brain injury(I was innitially treated for Post Traumatic Syndrom but later for Psychotic/skitzophrenia/Mood disorder etc.) and memory impairment and is on long term psychiatric drug. The sum of RM200,000 was estimated of the injury claim alone.
Memory of the accident start returning about the second year post m.v.a and now I can recall how the accident happened and I realised that the version from the truck driver, Rajah is different. I got shocked that the photos of the truck actually coinsides with my recollection. The Front Right wheel of the truck was damaged and pushed outward consistant with the angle of our car trying to return to our own lane and not as Rajah(truck driver) state- “after he veered his truck to left side of the road we keep coming and hit his truck. This would have pushed the Right front wheel inwards instead. I will try to get this verify this with Prof. Donald Chuah(USM) who is an expert in physics. Also the long stretch of brake marks indicates and prove that the lorry was speeding. According to the simple law of physics of momentum, Inertia and Velocity:- It was the force and momentum from the lorry that caused our car to spin and be pushed ‘foward’ and ‘inward’ ‘nearer’ to the truck. On the other hand, if the version from the druck driver had been true, and the force is from our small under powered car(kancil)which is highky unlikely, Our car(Kancil) would have been pushed/thrown ‘backwards’(Behind the lorry) and ‘away’ from the truck. The police sketch does not show fault but only shows the thereafter position that is the vehicles had moved or been moved right after the collision. I realised that the side of car was touching the median(line) rather than was drawn as completely on the other side. This was a car which had spun 360 degrees.
In my opinion if the truck had been driven slower, and if he had applied the brakes ealiers or had veered to the left side more, our car would have cleared its path and had returned to our own lane safely and the accident may not have occured. The driver was a indian senior citizen nmae Rajah.
Then I was managing my own a government affliated training center which receives payment student fees directly from the govenment and at the same time working as an IT Engineer in SEPAKAT PERKASA TECHNOLOGY(deseased’s company). We were both very active and health-concious individuals who do not smoke or drink even on occassions and I swim regularly as part of my lifeguard training programme. After the accident, I was bed-riddened for almost a year and it was extremely difficult for me and I was fortunate to have found Nizam to be my stay-in caregiver thoughout the years.
Since I do not have recollection of the accident right after the accident and could only assumed that I may have fallen asleep at the point when my counsel(lawyer firm)’s agent brought me to make a police report in Taiping. They assured me it is best to say I had fallen asleep and I did as they advised after being assured that It’s a 99% case and I need not to have to worry and I am in good hands and given a picture/impression it is a ’sure win’ case since I am a passenger.
After 6 1/2 had passed and I was finally called for trial afetr many postponements. Days before trial I went to see my lawyer for briefing as per their invitation. Shockingly, the story had changed drastically and now they are saying that liability is heavy on our side and she is only able to get ex-gratia RM5,000 from the opposite side’s insurance(KURNIA INSURANCE). Through out the first few years, my lawyer’s husband innitially and continuously told me that we they litigate as Kurnia’s settlement is normally not good and all we need to do is to prove 1% negligence and we hit home run. Sure does sound like good confidence to a layman. I was very relieved to hear that but now the entire story had changed completely. I was not informed of their strategy etc. but was not adequately updated of the progress of the case and in fact that he had actually told me both side’s insurance is KURNIA many times. I later found out that our side is UNIASIA.
They also told his agent that the car is mine when the car actually belonged to my boss, Abang Aziz, a mentor, father-figure and friend; the deseased driver.
Previously I turned up in court although they told me it was postponed and many times reason given was judge on leave and UNIASIA had given a statement to defend the deseased driver(my boss) by stating he was not negligent as he had to go into the oncoming lane to avoid another vehicle in his own lane.
During my first appeareance in court after 6 1/2 years, she(my lawyer) arrived 1 hour late and advised me to take the settlement which had doubled from RM5,000 a few days ago to RM10,000. She showed me the sketch map and said the liability s heavy on my side even and if the offer is for today(1 day) only and if I decline, I would have to look for a new lawyer. She also at that time showed me my payslip and asked me if the company was mine.(I was puzzled but too shocked to respond at that time).The court commenced and the honorable learned jugde asked her what is the status and she replied, “Revising Offer” and then asked KURNIA’s(defendant’s) lawyer how much was the offer and he(Kurnia’s lawyer) replied with slight hesitance and softly, “RM10,000″.
The honorbale learned then asked if our side’s insurances(UNIASIA) was called to defend itself and she(my lawyer) replied yes, it was filed but they(UNASIA) did not bother to file a defence after they realised the policy did not have passenger coverage. By default, upon purchasing a car in Malaysia, there will be no paseeneger coverage unless it was purchased as an ADD-ON(Unlike SIngapore shich is compulsory and Malaysian car which enters Singapore-It’s an offence). When the car was bought, we were NOT told of the passenger coverage add-on option.
The honorable learned judge then set 2 weeks for for the three parties to present themselves and will announce another date for me to appear in court again. My lawyer only spend a brief monent with me on the trial day and was mostly seen engaged with the opposite side’s lawyers after the court session. I was accompanied by my hired caregiver, Nizam, and my parents. I was on two crutches but had brought my wheelchair along just incase my leg pain got worse.(It’s normally quite bad in the morning and after long hours sitting). I was prescribed TRAMADOL(a Morphine group painkiller) which I only take if I really need it fearing addiction.
Days before, I tried to get a copy of my payslip, etc. which I had submitted years back to make sure I do not say the wrong things in court but was denied even from viewing, Eventhough I felt strange but I was told it is better to potray a forgetful person as it was stated that I had memory impairment complaints in my medical report. On the day of trial, after the learned judge stepped down a brief moment making way for us to discuss, I was in a state of shock and was not stable enough to make any decisions.
My parents also felt the same as it had come to this after 6 1/2 years, the story took sudden bad turn. She said the offer is only valid for the day(1 day) only. She also mentioned that is a new judge and even if I win, the other side will escalate and appeal in the higher courts to over turn the decision. After, I relate the incident to my family and friends, they expressed sympathy and expressed. I am the only son in the family and my parents had high hopes for me and they are all shattered now. I am still single, my business/career gone, leaving behind a huge debt, permanent physical and mental disability.
As if the greatest loss- Abang Aziz; a friend, mentor and boss whom I sacrificed my career in Singapore and returned to help setup his recond computer business is not enough, I now have to fight for my own survical and reestablisedh a new standard of the meaning of quality of live. I am just a victim of an unfortunate accident hoping for best counsel and had waited more than half decade to receive good news and minimnal consolement.
Now both party’s insurance refuse to pay the claim(s). I am torn between telling what actually happened during the accident and sticking to the police report as my layer advised. If I tell the truth, my lawyer said it will not look good on me and will achieve nothing but if I don’t, my conscience will bother me till the end of time. I would think if abang Aziz is slive, he would want me to be tell what had actually happened. Only God knows what we went through. May Allah keep his soul and comfort his family.
From the photos, it is clear that the lorry did not slow down and only hit the brakes after the hitting your kancil. Didn’t your lawyer study the brake marks, he did not sound the horn? If you look at the lorry’s brake marks, it is parallel to the road, that shows he did not veer to the left but just travelling along in a straight path and if he had veered more to the left, the collision would not have taken place. The brake marks is only 20 feet of so. Notice that the kancil’s curving brake marks starts from the middle of the lorry, which means that, the lorry only brake after hitting you and that had caused your car to be thrown backwards 40-50 feet from the momentum/force. Get your lawyer, Sunita to restudy the photos and sketch map. You have to be careful, there are many dishonest out there nowadays. Sunita from Ajmeer sandhu & Ong of yours don’t sound quite right. Aren’t you the passenger? I think she is trying to force you into a settlement but the RM10,000 ex-gratia sounded ridiculous in a fatal accident with 1 dead and 1 crippled. Why did she refuse to even give you copies of the case documents. Arriving 2 hours late and seeing sticking to the defence lawyer is not a good sign. Something is not quite right with this lawyer. Did you check her out with the Bar Council? Good luck. I wonder if she knows the consequences for wrecking someone’s case.
Business pours in when it rains
By SEREAN LAU
PETALING JAYA: It is an unwelcome fact but tow truck operators and workshops see a business boom during wet weather.
Tow truck operator Wesley Wong, 35, from U Like Towing Sdn Bhd, said he received twice the number of distress calls when it pours.
“My phone will keep ringing and there was a time when I had to send all four of my tow trucks out to attend to accidents. In most of these cases, the drivers cannot adapt to the wet weather or adjust their speed during rainy conditions,” he said.
He said it was important to slow down during bad weather as speeding could cause the car to spin out of control. It would also advisable to keep a safe distance from other vehicles.
He added that while one may be confident driving in heavy rain, extra precautions were needed to ensure safety.
Plaston Tan, 26, a workshop worker in Malacca, said more vehicles were sent for repairs when it rained.
“These drivers may lack experience or cannot judge the distance between cars.
He said when it poured for a long time, deep water pools could build up on the road shoulders.
This could cause cars to spin out of control, he added.
An accident victim who only wanted to be known as Susan, 20, revealed how she lost her right leg after she was hit by a reckless driver during the rain.
“My friend and I were waiting for our car to be towed away after my car had skidded into a drain when another car appeared from nowhere and hit me.
“I lost my leg and am trying to adapt to my new life,” Susan said.
fr:thestar.com.my/news/story.asp?file=/2010/10/4/nation/7155528&sec=nation
Bank Negara advice on how to avoid fraud
PETALING JAYA: Bank Negara wants all insurance firms and relevant parties to be more vigilant and take heed of some of its pointers to combat insurance fraud.
The menace, which is in the form of deception or dishonesty for unjustified financial gain, is committed at different points in the transaction by either an insurer, agent, policy owner or third party claimant, the central bank said.
Some examples of fraud include creating a fraudulent claim, overstating the amount of losses, misrepresenting facts to receive payment and bogus agents/sale of forged cover notes.
The central bank said some of the pertinent pointers one has to take to protect oneself from insurance fraud are:
> Beware of any unregistered insurance agent offering his services. If in doubt, contact your insurance company or takaful operator or the General Insurance Association of Malaysia (PIAM), the Life Insurance Association of Malaysia (LIAM) or the Malaysia Takaful Association (MTA) to ensure the agent is an authorised one;
> Avoid paying premiums in cash. Choose to pay for premiums by cheque, money order or Internet payment to the insurance company or takaful operator directly;
> Do not sign a blank insurance or takaful proposal form, or insurance/ takaful claim form;
> Be suspicious if the benefits and price of insurance or takaful products offered by an agent seemed suspiciously favourable compared to products offered by other insurance companies or takaful operators;
> If you meet with an accident, be careful of strangers who offer quick cash or urge you to deal with specific workshops, medical clinic or law firm. They could be part of a fraud syndicate;
> Insist on detailed bills for repairs and medical services rendered and check for accuracy; and
> If you are being defrauded, have been or are being persuaded to take part in a fraud, contact your insurance company or takaful operator, PIAM/ LIAM/ MTA or the police.
fr:/thestar.com.my/news/story.asp?file=/2011/1/15/starprobe/7806561&sec=starprobe