Car vs bike accident in Malaysia – always the car at fault? Why can’t we claim from the bike’s insurance?
It is a litany we have heard many times. “This motorcycle just hit my car/bumper/wing mirror and shot off. I got everything on the dash cam, shall I make a report?”
“Aiya, no point one, report also useless, police won’t take action,” is the usual reply. A point of fact is, in the congested traffic conditions of Malaysia, unfortunate encounters between cars and motorcycles will take place, leaving aside the issue of careless, inattentive and less than responsible drivers and riders.
The issue of insurance claims against motorcycle riders in Malaysia seems to follow a specific trend, to wit, it is next to impossible to claim against a motorcyclist’s insurance. In some cases, after the report is made, the insurance company is less than enthusiastic about pursuing a claim.
This leaves the driver with a busted car and looking at the loss of the No Claims Discount (NCD). Considering the parts replacement cost of many components in modern cars – have you priced a wing mirror for a new Proton lately? – most drivers don’t have the wherewithal to effect repairs out of pocket.
But why is this so? In researching this topic, we approached those in the insurance industry and certain workshops specialising in insurance claims, both two- and four-wheel, as well as speaking to our police Traffic Investigation and Enforcement Department (JSPT) contact.
“The fact of the matter is, police only assign the cause and responsibility, plus damage, in event of an accident. We do not determine who files an insurance claim against the other party, nor do we determine the compensation involved. That is a matter for the insurance company and the courts,” said our JSPT contact.
“Of course, when there is injury or death, things immediately become more serious and the investigative work more involved,” he added. “As for why insurance companies don’t pursue claims against motorcyclists, that is something you will have to ask them,” he said.
Approaching a contact in the insurance industry who insisted on speaking on condition of anonymity, he said, “bro, it’s not that we don’t want to claim, the process is almost impossible.” Citing several cases he dealt with, paultan.org was informed it was quite normal for the insurance company to find out the person or address cannot be traced for the claim to be served.
“Additionally, there is the issue of riders without licence or road tax, which immediately makes the rider’s policy null and void, or not even having insurance in the first place,” said our insurance contact. Asked what a claimant can do in such an instance, he said there is the option of filing a civil suit but reminded us the wheels of justice are slow to turn.
“Of course, you can file a claim but that means you have to spend money retaining a lawyer, then time for court appearances and such,” he explained. “Then you start having the issue of tracking the person down, etc., appearing before court and so on before obtaining judgement, then you still have the issue of getting your money back,” he added.
“Bro, you know the first rule of legal cases, right? Don’t sue poor people,” he continues with a laugh. He added that in most cases, the insurance company will advise the claimant to claim against the policy, though with the penalty of losing the NCD.
Furthermore, another anonymous source in the insurance industry said police and the courts tend to look favourably upon motorcyclists in accident cases, considered to be coming from a disadvantaged segment of society. We cannot confirm this and think it best left at the level of anecdote but based on previous experience, we can say there might possibly be something in it.
At the end of it, it appears the best way out of the situation involving a car and motorcycle, assuming the rider is at fault, is to take the path of least resistance, that of claiming against your own insurance.
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