Traffic Accident Report Malaysia
Leocricia Castellanos
The majority of requests are traffic accident (Crash) reports, or incident (Crime) reports. Crime Reports include all reports taken by the police department, in person or by telephone, other than a traffic accident.
On your way going back home, you participate in a car accident. You accidentally run into a car from behind at a traffic light. As a result, you are badly injured. The question is, can you delay lodging a police report to receive medical treatment? Read on as we explain more in detail regarding the issue.
Please ensure to still lodge police after participating in a car accident for safety. You must still go to the police station and notify your insurer even if you are not at fault in a motor vehicle accident.
A police report will protect you against unexpected third-party claims or injury claims. Usually, the investigating officer will rule in favor of the one who makes a report because the other party is most often at fault and trying to avoid the summon.
You may not have been responsible for the collision. However, the other driver could file a claim while you fail to do so. Without sufficient evidence, it looks more suspicious on your end. You could end up bearing the blame when you could have got off scot-free.
For this reason, the Malaysian government enacted the Road Transport Act 1987 to protect all road users and vehicles. This law, enforced by the Ministry of Transport, the Road Transport Department, and the Royal Malaysian Police, is intended to prevent accidents due to negligence and reckless driving.
However, despite the authorities' best efforts to create safer roads, the number of road accidents that occur every year remains alarmingly high. Malaysia reported 418,237 road accidents and 4,634 accident mortality in 2020 alone. This translates to about 13 people killed every day due to unsafe driving in 2020.
Whether or not a road accident results in a fatality, its consequences are no less significant. Even if you are not at fault in a motor vehicle accident, you must still go to the police station and notify your insurer. Additionally, you will not be able to use your vehicle while it is being repaired. It would be worse if you are injured.
First of all, don't panic and remain calm. Check yourself, your fellow passengers, and the other party for injuries. Call 999 immediately to request assistance if you see anyone who needs medical attention.
Your vehicle should not block the road. If it does, it should be moved safely. Oncoming drivers may not be able to see that you've stopped. Keeping a safe distance from other vehicles can lessen the chance of causing a traffic jam or another collision.
In case of an accident involving another driver, both need to move to the side of the road. It is still important to use your hazard lights and a warning triangle, even after you have moved to the side of the road.
If angry mob forms or you encounter a road bully harassing you, don't get out of the car and instead drive straight to the police station. The law prohibits road bullying, so if you fear for your safety, you should head to the police station immediately and lodge a report.
Once you have confirmed that it is safe to get out of your vehicle, assess it properly for damage. Discuss any damages to both of the vehicles with the other party. Remember to be polite, do not get into an argument, admit fault or sign anything.
It is crucial to record the personal particulars of all drivers involved in the crash since this will speed up the police report filing process. If the other party decides to commit a hit-and-run or refuses to report it, you will be protected, and you can claim from their insurer.
Call your insurer or insurance agent immediately if you discover your car cannot be driven and needs to be towed. The insurance company will ask you a few simple questions about the accident and arrange for a tow truck to go to the location and tow your vehicle to a nearby panel workshop.
Beware of tow truck scams. You will often see people approach you out of nowhere at the scene of accidents and suggest a workshop to fix your car quickly and cheaply. Sometimes they will offer towing service. It is best not to entertain them since they will likely charge you exorbitant towing fees or overcharge you for repairs.
If you have an insurance policy with Kurnia, we offer free 24-hour roadside assistance for your vehicle, whether it has suffered a breakdown or been involved in an accident. Contact our Hotline at 1 800 88 3833, and someone will assist you immediately. You can also download our One Touch mobile app on your phone. With the One Touch app, you can find your nearest panel workshop and request road assistance with a single click of the SOS button.
To file a report, go to the nearest police station that has a traffic department. This must be done within 24 hours of the accident unless there is a valid reason (such as being hospitalised or receiving treatment for your injuries) that can be supported by an official medical report. A police summons may result otherwise. By filing a police report, you protect yourself against any unexpected third-party motor claims or personal injury claims.
As part of the process, you must provide details of the accident and any other evidence. Following the police investigation, the summons will be issued to the person at fault. Make sure to get a certified copy of the report, as you may need it when you file an insurance claim.
If you decide to make an insurance claim you have two choices depending on your insurance coverage: You could claim from the third-party insurer directly or speed up the process by initiating an Own Damage Knock-for-Knock (OD KFK) claim.
OD KFK claim is a hassle-free way of claiming from your own insurer and not having to deal directly with the third-party insurer. An OD KFK claim also protects your NCD (except in certain scenarios) because you are not at fault. NCDs are motor insurance discounts you receive if you or a third party has not made any claims under your policy. They can significantly lower your annual premiums.
However, you will need to provide additional documents to your insurer such as a third party police report, police investigation result and the police sketch plan to ensure a successful claim without affecting your NCD.
Depending on the severity of the damage, the other party can file an OD KFK claim with their insurer or a Third Party Property Damage (TPPD) claim with your insurer. You can also file Own Damage claims with your insurer if your vehicle is damaged in the accident, but you are likely to lose your NCD.
When you're involved in a fender bender, it's good to notify your insurer no matter how minor the accident is, even if a private agreement has been reached. If you do so, you can protect yourself from the other driver turning around and suing you for personal injury or property damage.
Disclaimer: This blog post is strictly for informational purposes, and should not be taken as advice of any kind. Kurnia disclaims all responsibility for any losses resulting from reliance on the information contained in this article.
That's why my fren always tell me, when get into accident, always get a MC regardless pain or not. Once u have that, u can file report with TP as there is "injury". That will force the other party to also file his report.
Please be informed that in pursuant of the Non-Injury Accident Reporting Scheme implemented on 1 May 1999, Traffic Police will not investigate into non-injury accidents. It would suffice for the parties involved to report the accident to their respective insurance companies for follow-up on claim actions as insurance claims does not come under Traffic Police purview. You may forward your video footage or photograph(s) pertaining to the accident to your insurance company and check with your insurer on the course of action available for you to seek redress.
I encountered the same issue a few years back. Other car collided in my rear. We exchanged particulars but he did not report accident to his insurer so my own insurer said nothing they can do. I had to lodge my own civil case against him. Tried contacting him using the particulars he gave but always no answer. Did some search on him and turned out he was some minor TV personality so I kept posting on all his social media accounts until he finally agreed to meet me and compensate me.
Accident caused to your unattended vehicle can report to polis under Hit & Run. Submit the polis report when claiming own insurance n NCD won't be affected. That's based on my actual experience w AIG.
Because this type of sure win case, the ws will pay for lawyer fee up front, the victim dun need worry or pay a single cents, If after lawyer letter the opposite party still refuse to make report, it will be police case, cannot escape 1.
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