A Quick Guide in Case of Accident

Do you know that in the case of an accident resulting in death, it is provided under Section 7 of the Civil Law Act 1956 (Amendment 1987) that the beneficiaries are entitled to claim compensation  of grief amounting to RM30,000.00 and loss of income contribution as well as other special claims such as funeral costs and other compensation for damages including the cost of loss of the vehicle “total loss”.

A QUICK GUIDE IN CASE OF AN ACCIDENT

     A.     IMMEDIATE ACTION !

1. Calm down.
2. Turn on the emergency lights.
3. Take photos for evidence.
4. Take photos of the accident scene and the position of the vehicles involved.
5. Remove the vehicle to a safe place to avoid traffic.
6. If you are badly injured, ask the people around you for help take photos and to contact the relevant parties for further assistance.
7. Get the phone number of the person who helped you. (They may become the independent witnesses for your claim).
8. Immediately proceed to the hospital for screening and treatment at the Emergency and Trauma Department. (late treatment might affect your case).
9. Inform your employer for sick leave and in order to process your claims in case of injury.

      B.    DON’T !

1. Do not Panic!
2. Do not admit your fault.
3. Do not agree to any offer for settlement.
4. Do not sign any documents.
5. Do not be deceived with any offer of unknown parties.
6. Should you be agreeable with any unofficial settlement, do make sure that the amount of the compensation offered to you is justifiable and such after is a genuine one.

     C.      COLLECTING THE EVIDENCE

1. Take photo of the accident scene and the position of the vehicles involved.
2. Take photo of the side of the vehicle and photos of the injury (if any).
3. Record the location and time of the accident.
4. Exchange information with the parties involved by obtaining details such as –

1. 1. full name;
   2. identity card number;
   3. phone number;
   4. the vehicle model and colour;
   5. vehicle registration number;
   6. driver’s license number;
   7. road tax expiration date;
   8. residential address; and
   9. third party insurance name, policy number or certificate of insurance (if any).

5. Take photos of the above information if possible. For example photos of the vehicle registration plate number, the road tax sticker copy of the driver’s license of the other party (usually the information and number of the insurance company is on the road tax sticker pasted on the windscreen of the vehicle).
6. Analyze and try to assess the accident by carefully observing the location of that accident. As an example, the double line, traffic lights, driver’s condition that involved in the accident and the road condition.

       D.    SEEK FOR HELP

1. Contact your insurance company should your vehicle is severely damaged and requires tow service.
2. The tow service is also provided free of charge by the highway maintainer i.e. Plus Highway.
3. Get the tow truck’s driver name and registration number to avoid any fraud.
4. If possible, get the tow truck’s “call card” if available.

       E.     MAKE A POLICE REPORT

1. Make Police report within 24 hours at the nearest police station.
2. Civil claim and compounds may be imposed against you if you are late in making Police report.
3. Should you suffer from any severe injuries, your family members can lodge Police report on your behalf so to initiate an investigation.
4. Make sure the content of your Police report shows that you are not guilty but innocent.
5. The Police will appoint an investigating officer who will then take photos of the vehicle, the scene and as well as prepare a sketch plan of the location at the accident area.
6. You may get all the police reports, investigation results reports, sketch plans and other documents from the Police by applying the same by yourself or through your lawyer or the agent of your insurance company.

     F.     SEND YOUR VEHICLETO A PANEL WORKSHOP OF THE INSURANCE COMPANY

1. Request a list of panel workshops from your insurance company or third-party insurance company (who caused the accident).
2. The “Adjuster” will assess your damage and loss.

     G.    INFORM THE INSURANCE COMPANY

1. Inform the insurance company of your claim within seven (7) days from the date of the accident –

1. third party Insurance Company if an accident is NOT caused by you (so your “non-claim discount “( NCD ) is not affected).
2. your own insurance company if the damage or accident does not involved any other party or other vehicle /  when the damage suffered is caused by you.

     H.     THINGS THAT ARE CLAIMABLE

1. Compensation for damage of vehicle.
2. Compensation for loss of use of the vehicle on daily basis.
3. Other losses such loss of income.
4. The cost of repairing the vehicle.
5. The cost of medical expenses, if any.
6. The cost of commuting to the hospital for treatment.
7. The cost of follow-up treatment.
8. Compensation within the period of repair of the vehicle.
9. Funeral costs and compensation for fatal accidents (if any).
10. The dependents of the deceased may be able to claim financial compensation according to the Section 7 of the Civil Law Act 1956 (Amendment 1987)-

“Whenever the death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ensued shall be Civil Law 11 liable to an action for damages, notwithstanding the death of the person injured, and although the death has been caused under such circumstances as amount in law to an offence under the Penal Code [Act 574].”

11. The amount of compensation for injury shall be determined by the Court by taking into account several factors such as age, gender, status (married or single), injured limb (each limb has different effects and price values). The court will also determine the liability of the parties based on the facts of the case and the cause of the accident.

If necessary, do consult a lawyer for an advice and further assistance for you to to file your claim in Court.

Prepared by,

Siti Saliah Salim

MESSRS MISYAIL OTHMAN & CO