Car Insurance Claim – Help Please??

This is a comment from a reader asking for help on this page about bad experience of claiming car insurance.

Yesterday, my sister was parking her car in parking lot. A lorry in front of her had banged her’s car twice when reverse. Luckily that time, she wasn’t in the car.

One of the shop owner saw this accident and quickly call my sister come out. My sister got shocked- a girl first time facing this incredible happens. The driver said don’t report and wish to settle. But at the end, he rejected to pay any maintenance bill.

My sister had lodge a report on the same day. The police said if the guy didn’t come to report, my sister can’t claim to his insurance. The next day, the guy called up to my sister and said that he had asked his friend and he will not go to report cause his lorry was not much damaged. In fact my sister’s car is more serious (Viva) after bang by lorry. And he said this will not affect when he renew his lorry road tax soon.

Is this fair? We have the lorry driver information such as office address, contact number, name and plate number. The police can’t do anything on it? Won’t this affect to his road tax renewal? My sister can’t claim for her own car insurance too after she call to the AIG?

Please kindly advice. Thanks.

What is your suggestion for her? Anyone with the similar experience before?
Tell us in the comment.

If you enjoyed this article, subscribe below to get free email updates!

15 Comments

  • sourplum

    Reply Reply April 13, 2010

    so bad.

  • yhc

    Reply Reply April 13, 2010

    if the scenario proves that the lorry driver is the culprit and the fault is on him, then obviously police should exercise their power to saman this lorry driver as you have gotten all his info. I’m surprised to hear that the police is not taking any action. And having snapped some photos on the spot would help .. did she do that?

  • Calvin

    Reply Reply April 13, 2010

    make it big, let newspaper deal with them….

  • Kea Long

    Reply Reply April 13, 2010

    Normally this is the insurance agent’s responsibility. They got their “own ways” to claim for you.

  • Adino

    Reply Reply April 13, 2010

    Pardon my inexperience, but isn’t Viva entitled to claim to her own insurance company for repairs? Was it covered under comprehensive insurance?

    And, if one party reports accident but the other does not, isn’t that considered ‘hit and run’ which is a serious offense?

  • Sayeed

    Reply Reply April 13, 2010

    Adino, why do you want to loose your insurance NCB coverage claim, it should be the lorry’s insurance claim

    Yan;
    Make a police report, then use your insurance company to do the search of the lorry’s insurance company to make the claims. Your insurance company will maybe pay 1st but then claim from the lorry’s insurance company, this way your NCB claim is not effected. Clarify this with your insurance company and provide the police report, i believe that is the process. (not an expert but have someone knocked me before, repaired without getting my NCB affected – i don’t know if the other guys reported)

  • yhc

    Reply Reply April 14, 2010

    well, before your insurance can claim for you and pay for your first(knock for knock) before claiming it from the lorry’s insurance company, the police report must establish who is the faulty part. If you can get the Sergent to agree is the lorry’s driver fault and put him on saman/warrant, you can then get your insurance to proceed to pay for you and claim the other party later. I just been through this process 2 mths ago.

  • Kelvin

    Reply Reply April 14, 2010

    The police try not to accept the report to meet their KPI index and in addition, it also reflects lower rate of accident in our country.

    If you have enough evidence like the pictures on the accident and the details of the driver (that you mentioned), you should make your point clear and stand firm. A police report must be lodged. Else, hit and run case shall be considered by the police.

  • Yumay

    Reply Reply April 15, 2010

    If you have witness and proof that the lorry driver was at fault, then the police will summon the lorry driver. You have a case here – not to worry. You should claim against the lorry driver’s insurer. Submit your claim, police report to your insurer and they will do the necessary.

  • RR77

    Reply Reply April 15, 2010

    It is impossible to claim insurance from the lorry insurance in the event they didn’t insure the lorry or sometime they don’t even have driving license! I had a friend who face bad experience when his wife died in an accident (car & lorry accident). Obviously the lorry driver is the culprit and the husband was unable to claim anything as the lorry didn’t have road tax & insurance (lori hantu).

  • Faizal

    Reply Reply April 16, 2010

    I agreed with Adino & Yumay statement.

  • TCY

    Reply Reply April 16, 2010

    this is malaysia, live with it, unless u have plenty of time to deal with it…

    first of all, the traffic police only can issue a summon regarding not lodging a police report within 24 hours, and this is not a warrant, the lorry driver can just ignore it. and this is not a report saying that it was his fault, just a summon for him not lodge the police report.

    2nd, even the police issue the summon, because the JPJ system and traffic police system is not link and up to date, so the lorry driver still can renew for his road tax.

    3rd, even the lorry driver can not renew his road tax, there are plenty of so call JPJ RUNNER help him to settle the summon and renew for road tax

    4th, your insurance company will still say, BRING THE FULL SET OF POLICE REPORT in order to claim knock-for-knock and safe ur NCD, which is something u don have, and they can’t do anything abt it, as your are the legal owner of the vehicle and they are not!!

    so, how to deal with this problem?? as i said u need to have plenty of time
    1. make sure the police issue the summon to the lorry driver who not lodge the police report
    2. make sure the lorry driver know about the summon exist
    3. after 2 weeks, go to the police officer again, to issue a 2nd summon to ask the lorry driver come to report (i’m not sure whether the police can issue 2 summon for the same case or not)
    4. bring the summon and all the document or record u have, and bring the case to civil court, you are taking legal action to stop him driving the lorry.

    i’m not sure about the details procedure on how to work this out, but the structure are more or less the same.

    btw, all charges you need to pay in advance and the 3rd party insurance company are not going to responsible, they will only pay for the damage and injury, not lodge police report is not their fault, they are not going to responsible for it, the lorry driver are the one going to pay for all the bill.

    last but not least, ur story doesn’t tell us whether the lorry is 1 ton lorry or more, in Malaysia, there is 2 way to claim 3rd party insurance
    a) OD-KFK — claim ur own insurance but retain ur NCD
    b) 3rd party claim — a lawyer will act on ur behalf and claim to 3rd party insurance company, which mean bring the case to court

    for type (a) it was easier as ur own insurance company can help u to deal for all the claim BUT, there is a condition, ur car must NOT be bang by
    i) taxi
    ii) bus
    iii) lorry which more than 1 ton (but, some insurance company accept lorry more than 1 ton, this depends on insurance company claim policy)

    another things,
    you said is was in the parking, is it PRIVATE parking or PUBLIC parking??
    does it have a street name on it??
    IF it do not have a street name parking, from my exp the police will not issue a summon to the lorry driver for his fault, as the accident happen in private place the traffic police do not have the right to issue a summon to the lorry driver even it was his fault,
    OR the traffic police will not issue KEPUTUSAN which mean in this accident no one is fault party, both claim their own insurance,
    OR the traffic police can issue a KEPUTUSAN often we refer to RTI (refer to insurance) which mean they can not judge which party is fault party, still the same conclusion claim ur own insurance

    my suggestion, think about the cost and benefit, is this worth for you to go through all the procedures?? sometime for some kind of people, justice is more important

    hope the above information work for you

  • Teoh K H

    Reply Reply April 17, 2010

    i don’t think you can’t claim.
    knowing all the particular of the lorry, use a lawyer.
    The lorry will lost their NCB in first place. Most of the insurance company will look into it.
    Because lawyer fee will be more than the claim.

  • Jyn

    Reply Reply May 6, 2011

    I parked my car at the road side, which is stil very far from the white line. A car with driver without license just hit my car. The without license driver have another adult who have license sitting beside him. We lodge police report on the same day with telling all the truth. Police do summon the driver without license. But my workshop told me that I cannot claim the 3rd party insurant. Therefore, it end up with I need to claim my own insurance with NCD forfeited. Do you mind to give me some suggestions on this? Why I not eligible to claim OD-KFK(with NCD retained) while the 3rd party have found faulty.

    Thanks and have a nice day.

  • Anonymous

    Reply Reply November 22, 2012

    I have the same issue with JYN. My car was waiting at the traffic light. Car behind me changed lane but hit my back. The car knock and run. But I met the car back in another traffic light. Finally she came down asking did I bang you? I said yes and took photos. But before I took photo, she hold my hand and handphone and shouted at me and warned me do not take photo. I have no idea how to react but called the police. She said she will not pay and she no time. Police told me to report myself. but they will give smon to her for banging people car n not report. May I know in this case, if they ignore the summon, what will happen to them? Summon is only summon? Did they need to pay? Any way, I just felt unfair for not getting compensation n they are still fine to stay in Malaysia having ignore the summon. Just for you guys information, the driver is foreigner n is a student. Will she face problem in custom if she take flight or will she face problem when Renew road tax? I hope malaysia system is fair, if age don’t compensate me, I hope police can fine her. Now I has to repair my car from my own pocket money of rm600 from manufacturer. If I do outside cost is under rm500. My car is still under warranty period, if lets said the accident didnt cause damaged to internal, will you guys suggest me to do it outside since the car company might not know i have this accident? I don think worth claim the issurance after taking consideration of the n c d n time. I still feeling very angry and sad now. Any one can answer my question? If lets say they ignore n nothing happen, mean that they will simply drive again on the road. Is this fair to Malaysian? Can’t they have a set of stricter law for foreigner?

Leave A Response

* Denotes Required Field

 Subscribe to My Newsletter