Motorcyclist Are Over PROTECTED by Law. Unfair to Drivers.

[Supra_Fanatics]

As stated by the title, motorcyclist are indeed over protected by law, regardless what happens, they
usually manage to escape without proper punishment as the law is siding the motorcyclist when most
problems/accidents happened.

Why do I say that? You will understand more as you read on.

In my life, driving for 9 years in KL, whenever there is an accident between motorcyclist and
a car, The owner of the car are always the one who is on disadvantage. Usually there is nothing
we can do to claim for the damage from the motorcyclist involved. Be it getting cash from them
or claiming their insurance.

ONLY thing we can do, is self-claim. As in paying for the damages yourself. In my life,
I had encounter 3 accidents involving motorcyclists. All 3 accidents, there are nothing
I can do about it even after reporting to the police on these 3 different accidents in 9 years.

Ask for compensation on the damages caused by their mistakes, they usually just tell you,
"NO MONEY"

Then what can you do? Just report to the police regarding the accident and pay the damages
on your own.

This was what happened to me on 08/04/2013 on Monday evening, 6.15pm at JALAN RAJA CHULAN.
The road along Wisma Cosway, opposite Pavilion Residences and near Chulan Square where Infiniti Showroom is.

6.15pm, what's more than the infamous Traffic Jam at Golden Triangle area..

When the traffic starts to move, I hardly get to move much, out of nowhere, a kap chai
came from the left and hit my front bumper on the left. I honk the idiot rider, he stops
for a second and out of my surprise, he rode off. Another hit & run incident for me!

I was so mad at that time, I cut through traffic through the lane of Chulan Square and gave
chase, I thought I could catch up, but this Indian Rider even beat the red light and did
stare behind once to see if I'm following not realising i'm on his right.

I couldn't catch up since it was jam up with traffic. If he had stop at the red light, I might be
able to block him off.

I didn't get down to check the damage until I reach my destination.

Here are the damages:

As you guys can see, it was scraped from the left, obvious hit from the left. The damages on
the front is because my car was moving slightly in less than 5km speed, so he end up in front
of me but he did not fall.

Bearing the number plate of - WSF 777

Indian guy with a moustache. About early 40's.
Can't make out the model as kap chai models are hard to identify.

Went and make a police report at the Balai Polis. After filling up the form and double check on the report written by our fellow police officer, he direct me to the Traffic Department to meet the Sergeant. So, went in, but look like a bit stuck up kind of Sergeant at 1st. Talk also slumber like buat tak kisah type.

So, ask me to draw out roughly the area of accident. Drew out everything, then he couldn't make out the name of the road or where is the exact location. Used google earth to roughly check
where it is.

So, he ask me: (roughly what I remember)

Sergeant: So, apa you mau buat? Apa mau claim?
Me: Motorcycle boleh claim ka?
Sergeant: Boleh, tapi susah sikit la untuk motor, banyak reported sama ada roadtax expired,
nombor plate palsu. Paling bagus ialah motor itu tak tau sama ada dia itu owner ka curi punya.
Me: So, kalau saya report apa yang motor itu kena?
Sergeant: Kalau dia tak report dia akan kena saman dan blacklist la
Me: So nak claim dia, susah lah?
Sergeant: Orang yang pandu motor itu orang apa?
Me: Orang India
Sergeant: Ah! Orang India, lagi teruk, ada license atau tak ada pun tak tau.
U damage repair berapa? Damage apa?
Me: Bumper depan sudah calar la, fog lamp mia cover pun pecah. Lebih kurang RM150 - RM200.
Sergeant: Aiya, RM200 claim sendiri la, kalau u claim dia, nanti you ncd pun tak ada.
Me: Oh, ya ka. Sebenarnya, saya report pun untuk protect sendiri sahaja, takut dia
datang report saya yang injured dia ke apa, saya yang kena pula.
Sergeant: Oh okay. okay. Ikut abang itu pergi ambil gambar.
Me: Okay thank you.

RM200 bukan duit ka? I'm not rich. Driving Saga ask me settle sendiri like piece of cake.
What I want to know is whether he will be caught and punish that's all. Claiming RM200 is true
that is not worth it. I just want him punish that's all.

I know is hard to claim motorcyclist, by right all of us know there is nothing much we can
do if the damages are caused by motorcyclist but to bear the cost ourselves.

The police are not even bothered much as well as much as u can judge from our conversation.
They just advise u to pay for the damages yourselves as I believe most of us does it all the time.

My last accident with a motorcyclist was last year as well. I did not report as I know the
police would do nothing about it but I was advised to do so in case they file a false injury
report that I hit him instead.

My last accident was a hit & run as well. That time, that bike rear ended me during traffic
jam as well.

The motorcyclist are over protected till the extent that they dare to do anything. Hit your car?
Just ride off. Most are getting more daring as no law that is strict enough to put fear
into these motorcyclist and knowing the authorities wouldn't care much if it was motorcyclist.

Ever seen motorcyclist kicking cars on the road? I see that most of the time nowadays. Spitting
on your car and best of all hit and run cases.

Try reporting to the police that a motorcyclist kicks your car. I bet they just ask you what are
the damages? Slightly dented and scratched, oh small case, sendiri settle.

This is Malaysia law against motorcyclist. Their sikap tak apa is getting on my nerves. Things needed to be done against these barbarians on the road.

Starting year 2012 I realised a lot of motorcyclist are behaving like this. I'm not saying all of them are like that but I have seen majority of them are getting more daring in doing such things.

Why motorcyclist dare to run when involve in accidents? Why cars don't speed off? Even
if cars sped off after accident, they will still be caught and punish.

But our Government are taking the motorcyclists too lightly!

Whatever happens between car and motorcyclists, is always driver who is in the wrong.
What logic is this?

 

[DarkAccoon]

let uncle here share my story.

Back in my ciku days, while I was driving a Wira A/B.

I was driving to some motor show with my brother and friend. Got a bit lost and ended up at parliament. There is this U-turn nearby the parliament road which I had to make a U-turn, while i slowed down to make the U-turn, this motor came from behind, whoop my arse and to my surprised... sped off.

There I was, cursing that the fella should be hit. Next second, a van came and whoop his arse. With the motor cyclist on the ground, the van driver stopped further front and then sped off himself.

Now, what happen next was me, my brother attended to the motorcyclist as he has fallen off his bike with scratch injuries. My friend was directing traffic. Tended to his wounds and I am gonna admit i was a bit vengeful, while washing his wound, i did press a bit hard.

Then I asked him, why bang me and run?
His excuse was (late for work)....... ultra lame. Pity the fella and let him off without asking for compensation. Even rugi some bandage to him.

Few days later, went to spare part shop to replace my broken rear lights..... cost me RM30 only....

Seriously dude.... is running away from a 30 ringgit damage worth your life?

 

[Supra_Fanatics]

let uncle here share my story.

Back in my ciku days, while I was driving a Wira A/B.

I was driving to some motor show with my brother and friend. Got a bit lost and ended up at parliament. There is this U-turn nearby the parliament road which I had to make a U-turn, while i slowed down to make the U-turn, this motor came from behind, whoop my arse and to my surprised... sped off.

There I was, cursing that the fella should be hit. Next second, a van came and whoop his arse. With the motor cyclist on the ground, the van driver stopped further front and then sped off himself.

Now, what happen next was me, my brother attended to the motorcyclist as he has fallen off his bike with scratch injuries. My friend was directing traffic. Tended to his wounds and I am gonna admit i was a bit vengeful, while washing his wound, i did press a bit hard.

Then I asked him, why bang me and run?
His excuse was (late for work)....... ultra lame. Pity the fella and let him off without asking for compensation. Even rugi some bandage to him.

Few days later, went to spare part shop to replace my broken rear lights..... cost me RM30 only....

Seriously dude.... is running away from a 30 ringgit damage worth your life?

What goes around comes around. Hit and sped off. But I really :top: you that
you still got down and help him.

For what I have gone through 3 times, I wouldn't help especially if he hit me and sped off.
Even god showed him pity by just suffering from scratches and pain. Really unbelievable.

Call me mean, call me cold-blooded by I had enough with these irresponsible motorcyclist.
At least stop and say sorry or so. Just sped off like somewhat I deserve it or something.

 

[DanzEterna]

for me...if its an old uncle riding kapchai accidentally hit my car & run i can forgive la....although sakit hati...
but we dont know wat the uncle is facing...he might be short of cash to pay for the dent he had cause as he
needs the money for his medication or taking care of his kids...we wouldnt know....if u think that way u wont feel so frustrated.

but if its a mat rempit or a young guy, then its a whole different story....if im alone...confirm sure hunt him down...if with family
sure wife bising tell me to leave him alone....

guess it depends on situations too....

 

[6UE5t]

Well motorcylce like that la, a few months ago also my left mirror got scratch by a biker who was going in between the jam in Tun Razak. The gap between my car and another car on the left was actually still more than sufficient but then this biker went thru at rather high speed and whack my mirror, and he did not even stop to say sorry or acknowledge his mistake but just look back and quickly run away! Luckily he did not brake my mirror light and the scratch is just under it so not that obvious.

In another case over 2 years ago, again in a jam in Jl Lapangan Terbang, 2 bikers seems to be racing each other and but then the one behind fell down and hit hard a Livina on the right of my friend's car! Luckily the bugger did not hit us, but I pity the lady in the Livina next to us, especially the since the Livina seems still quite new! If I were the Livina owner, I would go down and step on that bugger's neck while he's still in pain from his fall!

 

[wsukun]

lol. every time drive out, i have to assume everyone is an idiot on the road. nothing less.
everyman for himself, SF.

1.) Everyone Else Is Out To Get You
Want to drive safe? Just remember that everyone else on the roads is incompetent, distracted, and they might as well be out to smash your car into a wall. It's up to you to stay out of an accident.

Ten Things Every Driver Needs To Know

 

[Supra_Fanatics]

Yes, Danz, I don't expect one to pay if you're really poor but at least have the courtesy to stop and say sorry.
I don't think anyone would punch you for your mistakes. Unless you were racing or trying to be funny from the start.

What I can't stand is that motorcyclist are getting more daring as in starting to kick cars that they are not happy with.

Also, our Government are protecting them too much that they dare to ride away. Imagine if a car try to drive away,
you would either chase him down or just report a hit and run. But then as mentioned, drivers will get punished but
I hope our Government would enforce a stricter law in punishing those gangster act.

At least in future they wont ride off but stop to negotiate. Since riding off consider hit & run and would be issue a summon of RM300 - RM150 if not wrong. Previously I was summoned RM300 for knocking into someone but discount for RM150.

So, instead of these motorcyclist needing to pay for RM150 - Rm300 summon, at least they will stop and try to negotiate on
the compensation.

 

[YYC]

Be glad that with a few hundred ringgit damage to your wallet bumping into those 2-wheelers. Some of my friends/relatives were not so lucky.

In a 2012 case involving a Viva tried to avoid a car in front which made a sudden left turn into a junction, he the Viva driver swerved the car slightly to the right to avoid a hit. But his car was hit by a bike from behind because of that move. According to the police report his car just suffered some minor damage while the biker was injured.

2 months later he received a summon and statement of claim from the injured biker's lawyer claiming all sort of damages including loss of income, traveling expenses for plaintiff's family, additional nutritional food and beverage, hospital cost etc totaling RM25,000.

His insurer intervened and asked him not to admit any responsibility in court. The rest, I think the insurer's lawyer took over the matter, but he suffered emotionally and mentally because of this case.

My FIL also met with the same situation that year, and the biker was not even suffering any visible bodily injury and not even asked for any compensation but few months later my FIL got a shock when he received a summon to court. Luckily he had a police report made when the accident happened.

 

[phobian]

Agree and disagree with you. This is my 2 cents worth coming from driving and riding - and I would take my time to give you my perspective of both.

Technically and morally - what the owner of WSF777 did was wrong. Again, why did he sped off and beat the traffic light nobody could tell except for himself. But what you did was right by reporting to the police - and that is the primary reason why all vehicles has to purchase insurance. Again, it is your prerogative whether if you want to make claims and yes you could track down who the owner of WSF777 and make claims against the owner - provided they have valid insurance. If you can make claims, good for you. If you cannot make claims against them - its either you are forking out the RM200 yourself or claim via your insurance. It is your call how you want to make claims. My point to this is all vehicle owners must have insurance to protect themselves and 3rd party, whether it make cow sense to file for claims - it is your call. Do not cry wolf over something which you already know the outcome.

Morally you are very wrong when you say the law is protecting motorcyclist:
1. Law states that in any accident, vehicles getting bumped from the rear will be at the winning hand. Given a scenario on the highway of 110kmh speed limit. Bike is travelling at far right lane at 110kmh, and vehicle from the left switch sudden lanes without signalling, and at crawling speed and get bumped
2. When negotiating a corner, car on the left and motorcycle on the right. Driver is unaware that there is a motorcycle on the right and took a wider turn and bumped the motorcycle or causing the rider to take an evasive maneuver not to get hit but landing him/herself losing control of the bike
3. During peak hour traffic - from a 2 lane road becomes 3 lane roads and you folks are complaining why our side mirrors gets in contact of your vehicles.

Please do not see things from a single perspective cause I have seen many hit and run cases where the motorcycle riders were left in ditches and some even to the extent of hanging to their lives.

My personal experience, let the picture speak for itself:

1. Gohtong Jaya - double corner. Looks familiar? I was on the right lane at cruising speed when a Honda Civic on the left decide to go wide. Avoided the car and lost control of the bike as there were sand patches on at the shoulder of the road. Body and head came into contact of the barrier

2. Damage on the right hand side of the bike

3. See the damage on my helmet?

I landed with a broken collar bone and bruises on hips.

Lesson learnt! Technically, the owner of that Honda Civic did nothing wrong. But what about morally? Does he/she even realized what they had done?

Base on your context, I understand your frustration - but be reminded that there are always 2 sides of a coin.

 

[csl]

2 decades ago, there was a story of an old man watching TV in his house and suddenly got lorry lost control and ram into his house and he got killed

Accident is normal la. But I know there is a group of people specialized for making money from making fake accident.

 

[meg_omen]

sorry... I'm a technical enthusiast...
i've a SEG car, now in the process of another convertion to to 2zzge engine from 4age BT...
i'm also a rider currently, where you normally label as 'Mat Rempit' coz i'm riding a RXZ...

so i suggest for car drivers to start riding motorbike first, prior to obtaining their license...
at least from it, they'll know what to expect on their daily commute...

btw i'm 42yr old now... so do you still label me as the above?:hmmmm:

 

[Izso]

I personally despise, detest, hate and want to castrate motorcyclists. I have never come across a courteous motorcyclist or one that was actually abiding the law.

I have a lot to say to Phobian but to prevent an unecessary slinging and war of words, I'm going to refrain from commenting on his points and only ask one question : car drivers are complete imbeciles when it comes to traffic jams. Very true! No question about it. But there are the few who actually stick to their lanes and drive very sensibly - letting people in, driving defensively not aggressively, etc. But never have I once come across a motorbiker that is not :

1. Driving between the 2nd and 3rd lanes
2. Weaving in and out of traffic, many a times forcing cars to apply emergency brakes
3. Staring and giving their cock-ass faces whenever a car gets in their way

So you tell me how are we supposed to react to motorcyclists?

Actually you know what - I take that back. I have seen motorcyclists not weaving in and out of traffic and actually queing behind a car. It was when it was loaded with 3 kids at the back of it.

My personal experiences (plural) with bikes have not been pleasant. One dumbf*ck smashed my window with a L-tyre wrench cuz I was in his way, one kicked and dented my door because of f*ck knows what reason, one fell on my fender, scratched the shit out of it and ran off, one tried to emergency brake in front of me just because I was faster than him initially (those mat rempits) and a few more other incidences all bike related.

None of those incidents resulted in people shaking hands and whatever. 2 resulted in me running them down - one because the dumbass matrempit braked hard in front of me doing a wheelie and I skidded right into him, the other one was I thought he was trying to rob me by smashing my window so I drove right into him. Both these incidents resulted in a mob of angry bikers who didn't care who was right or wrong, and just wanted to penalise the chinese car driver. F*ck bikers. I hope they all get run over by trucks and end up cripples.

Police are useless when it comes to reporting bikes. In both these incidents I made police reports and the answer is pretty much the same as what SupraFan got. And "paying on my own" vs claiming the bastards insurance, I'd rather fight with the insurance companies and make the motorbiker pay rather than fork out my own money.

I've had it with bikers. I hope the new gov will separate bikes with cars, whether they build a separate road for bikes or whatever, I just hope (wishful thinking) they put them elsewhere.

 

[vr2turbo]

I had one accident with a bike before. An old Indian Uncle on a bike that was almost falling apart. Came out of a junction right into my lane, emergency brake and happen to nudge his bike at the rear. Lucky hit the bike only and it went off under him, and he just tumble over. Lucky no injury to him, but since even though he cut into my lane, in the eye of the law I still hit him from behind, so I gave RM50 to him and went off....

Bro. SF, Sorry to hear of your accident, but some times cannot be helped....

Another thing is what the hell is a plate like WSF 777 doing on a kapchai? Do you know how much the 777 will cost, and more over that plate should be on your car WSF 777

 

[option1978]

Now i realised that I'm not alone in hating & wanting very much to slaughter those motorcyclist. :wavey:

Personally I had a few run in with those idiots on 2 wheeler (not super bikers but those arse wipe in kap cais) but thank god only minor scratches that can be polished off or repaired easily.

2 of the most annoying incident that happened was to my GF & both incident left me hating motorcyclist even more & whenever i see them laying by the road side writhing in pain in an aftermath of accident, i would tell myself that in most cases they deserve it.

Back to the 2 incident;

Incident 1
This happens about 3 ~ 4 years back at Federal Highway (towards PJ direction, near the exit to NPE). My GF was on the way back home from work & at about 5+, as usual traffic was slow averaging 30 ~ 40 kph max.

All of sudden, this idiot was riding across the road (joining Federal Highway from OKR & trying hard to cut across to the NPE exit) & thinking that his bloody ancestor own the road. My GF couldn't react & stop in time (well who would really be alert enough anticipating some low life riding across the road in a busy highway?) & knock into that low life.

After the usual drama of involving that low life calling his whole village over to the scene & trying to start a war, police came & contained the situation & directed non related low lives to leave the scene & involving parties to the police station for report.

End of story? No & not even close. Surprisingly, no verdict was issued in this incident, no summons issued & all were to claim own insurance. but 2 years down the road, that low life managed to get an equally low life lawyer to start a case & sue my GF for further claim of damages by making all sorts of claim against her & asking for compensation amounting to RM 20k!!! Of course as a driver, she was protected by insurance coverage & the case became a direct fight between that low life & the insurance company & they (the insurance company) felt that there is no ground for this claim & we were anticipating a good show when they fight over it in court.

Sadly, in Bolehland where most of the people are living with the tidak apa attitude; when the low life's lawyer realise that they don't really have much ground to claim, decided to try their luck & lower the asking amount to RM 8k & in which the insurance company felt that it's too little for all the hassle, decided to just pay & settle out of court despite our protest.

Incident 2
This happened at Jalan Ampang sometime last year while again driving home from work. My GF was turning into one of the junctions along the road & going across. She was very sure that that nearest car heading towards her was at least 100m away when she cross over & while entering the junction (70% of her car length was already inside the junction, over the line) when she was rammed by a motorcyclist who was definitely speeding. That arse was riding so fast that he probably got a shock when he saw my GF's car crossing, lost control & swerve into the junction & rammed into her car. The impact causes the fork of the bike to snap & break.

Again the usual drama, everyone grouping around & insults start flying including some bloody racist who blindly siding their own. Luckily the branch manager of the proton show room nearby saw the incident & quickly ushered my GF into the showroom away from those uncivilised hooligans so that she can calm down & make the necessary calls to insurances company & arrange for tow truck.

As usual, blame put on the car driver & she got summoned & in the process losing her NCD & having to pay fine.

What the traffic sergeant explained really pissed me off; Bolehland traffic law it seems, any accident happen within 20m radius of a junction, the party that's crossing will be at fault even if you are already inside the junction when you get rammed. In her case, she was rammed inside the junction but within the 20m radius.

Every other day, i got really frustrated whilst on the road because of these motorcyclist & keep cursing that we, car owners & drivers, paying so much of taxes annually but yet the protections are given to motorcyclist while we the tax payer have to live with the fact that we have no protection at all.

 

[SloMo]

not all the motorcyclist that bad. Im a rider myself, I admit I do ride in between lanes but at a considerable speed as i know if i speed i would not have sufficient time to brake if a car swerve to the other line without indicating (and yes it happens all the time).

Ive experienced on both sides of the extremes: -
1. recently a biker (kapcai) withdraw a sizeable amount of money to pay off M5 driver (a friend of mine) just because he hit him from behind.
2. Ive seen a rider banged a car and sped off.
3. Ive seen a car turn without indicating and hit a rider and sped off.
4. I got into accident @ jalan parlimen where the car hit my arse while i was riding and he said no money to pay off the damage and went off. I was left with sprained ankle, bruised arm, broken watched and my bike is un-rideable, reported and Ive personally seen this car been driven on the road some months later.
5. I got into accident where my car was hit by another car doing illegal u-turn and sped off (my car a feet away from ramming into a tree and my wife was 4 months pregnant), made a report and like no (4) Ive seen the car been driven many times on the road.

I agree there are many rouge riders on the road where they speed, run red lights, being a bully, however, the same can be said to car driver.

I really sympathies what actually happened to all of you and especially you SF. I really hope karma will catch up to those who have done mischievous deeds on the road.