Accident law

i have many experience that the motorists likes to go pass junction without stop and look left and right .. which i travel so near to him and kinda high speed.. and what happen is i jam my brake and little smoke on my tyre . -_-'""
 
Yeah man.. this motorcycles are really a pest... Last time while i was waiting at the traffic light, the nut was squeezing through the cars very fast.. and suddenly he couldn't brake in time n slam into my cars tyre..... sheesh... i came out of the car.. he panic and ran away... had to send my tryes n chamber for realignment... annoying.. and another fella.. speeding through.. almost whack my side mirror off...
 
Hey guys just wanted to share some info from my experience less than 4 weeks ago. Quite traumatic.

Without going into details, unless you guys really want to know, I brought down a motorcycle in KL at 11 at night. He was bruised scratched, but genious was wearing slippers, so his left foot took a deep cut because of the gear change pedal as he fell off.

Lo and behold, got a cab, sent to HUKM, sat with the fella, met his brothers, bla bla bla. In the end they wanted RM450, I said nope, but I paid RM 300, not because of anything, but I look at his foot also I pain, pay me 300 also I would not want the cut la. So I guess out of pity/sincerety. BTW he did not have a valid license, at least he did not have it with him and he said it was expired.

The agreement was no police report, but I still made one. Jln Bandar Station you know,la, 4am in the morning. I did not include his personal information on the official report, but it was added as a seperate piece of paper, stapled to the official report handed to the guy in the nice ropom on level 2, who by the way did not give me much hassle. in fact, he just said 'anything we will call you'. But nope, I got nothing so far. My reasons and advice to you all is this.

You MUST inform your insurance company when you get into any accident. Especially when the person is injured. A simple explanation is this, should the guy I knock down lose his foot, or die of some infection, The insurance company is obligated to settle the issue in court or otherwise for me as I had already logged a police report, and they had been informed.

Should you however NOT make a police report and inform them, then the insurance company can by all means claim, that you did not inform them with a police report and there is NO proof that this guy was indeed involved with an accident with a car insured by them.

So I know some of us are scared, panicked and more anoyed with the fact that who was wrong and who knocked who. The point is that a police report must be made, no matter how trivial, because it is required by your insurance company who will then represent you.

Unfortunate, but sometimes we just have to take the summon by the police. I perhaps was lucky. Does not matter, I feel bad enough for hispain.

But thats my advice. Hope you guys dont think I am going on and on and on.
 
when you hit a motorcyclist, you should already prepare yourself for a lot of hassle. whether or not he has license, or roadtax or insurance is another matter. even if he is riding on a stolen motorcycle, it is a totally different matter.

you will need to prove 100% liability on the motorcyclist's part which caused the accident. only then you can hop-off on your way and let the police deal with the other issues. worse part is, if that f*ckhead has no insurance, you will lose your NCB when you claim your insurance to repair your car. you can bring a civil case against him, but we all know how the Msian system works, so it will be a bigger waste of time.

oh and if you are a non-bumi and you hit a bumi motorcyclist, the odds are more against you, especially in the police stations. *no racism intended*

sorry man, that is just the way the gears of Law & Justice in Malaysia turn.
 
and also, IMHO, if you are riding around without a helmet and something unfortunate *touch wood* happens to you... i really don't care how fecking near you are travelling to, but seriously...

IT REALLY IS YOUR OWN FAULT

and nobody else's. is that not the first thing they teach you at riding school? how much more money does the govt need to spend on advertisements to educate you bunch of monkeys?

PASANGKAN TOPI KELEDAR

you stupid ch*bais
 
about 10 years ago my dad had this accident wif a motorcyclist just outside my house.....my dad was driving his pajero then, on his way out to pick me up from school in d evening.......just about 20 meter after he got out from junction, he saw a motorcyclist overtaking n speeding towards him......so, being a very precautious person tat my father is, he just moved to the side of the road, stopped the car, (almost all 4 wheels on the side of the road d) just to avoid this crazy bugger who thinks his kapchai is superbike........still..!!!!>..the idiot lost control n went head on wif my dad's car.....pajero vs kapchai, the idiot must b damn lucky to b alive until today.......coz he oni broke his arms n legs (n maybe some other bones here n there)........ok nvm...problem does not stop there.....the family comes beggin to my dad, tellin my dad to admit tat its his fault n not the son so they can claim some insurance, reason is they r poor bla bla bla (some drama shit goin on).........luckily my dad din, if not, my dad will b in trouble........
 
differ said:
and also, IMHO, if you are riding around without a helmet and something unfortunate *touch wood* happens to you... i really don't care how fecking near you are travelling to, but seriously...

IT REALLY IS YOUR OWN FAULT

and nobody else's. is that not the first thing they teach you at riding school? how much more money does the govt need to spend on advertisements to educate you bunch of monkeys?

PASANGKAN TOPI KELEDAR

you stupid ch*bais

totally agree to tat.......sendiri salah sendiri tanggung.....dun trouble other ppl........as if die oso not enuff, it causes trouble to ur loved ones n oso the innocent fella whom u hit.......
 
spyderslr said:
about 10 years ago my dad had this accident wif a motorcyclist just outside my house.....my dad was driving his pajero then, on his way out to pick me up from school in d evening.......just about 20 meter after he got out from junction, he saw a motorcyclist overtaking n speeding towards him......so, being a very precautious person tat my father is, he just moved to the side of the road, stopped the car, (almost all 4 wheels on the side of the road d) just to avoid this crazy bugger who thinks his kapchai is superbike........still..!!!!>..the idiot lost control n went head on wif my dad's car.....pajero vs kapchai, the idiot must b damn lucky to b alive until today.......coz he oni broke his arms n legs (n maybe some other bones here n there)........ok nvm...problem does not stop there.....the family comes beggin to my dad, tellin my dad to admit tat its his fault n not the son so they can claim some insurance, reason is they r poor bla bla bla (some drama shit goin on).........luckily my dad din, if not, my dad will b in trouble........
whoa... such person no need pity one ohh.. plus, he hit ur dad's car on ur dad side of the road... if go till high court, ur dad still have chance to win...
like differ said, sendiri tangung la... dont blame others if u are wrong at the first place...
 
yeah lahh....my dad practically stopped the car by the side of the road.....almost all 4 wheels of the pajero on the grass.....still the fella can hit......damn champion man the fella.....lucky he din die.....if not my dad will b in trouble (as in go thru courts law suits n shits lahh).........some more tat time all 3 of my brothers still young.....
 
Hehe.....

Well... about claiming your NCB, think about it, your insurance is supposed to be used. Its just that they companies make it tempting not to use your NCB. Dont go around saying your wasting your NCB. More like insrance is there for a reason. So use it.

Also, I my experience as much as I agree with you all, and that motorcyclists would prob be in the wrong of way, not earing their helmets etc etc...

However, when you are on the side of the road, your trying to fix the guys wounds, your figuring out whats the neext thing to do. Your mouth is dry, you dont realize that your heart is racing. You struggle with the simplest things such as opening a bandage and you try to calm the crowd which has grown around you.

Sitting here now is way different. I tell you.
My case, I stopped, tried to give first aid, decided it was beyond my ability, hailed a cab, followed to hospital, registered with emergency, accopanied to xray and waited for about 4 hours.

Met the family, dealt with the people at the scene. You know the smart melaysians who just cant keep their coments to themselves at the scene.

I only called for someone to accompany me at the hospital, when things were calmed down, and doctors had given attention.

If you guys are thr sort that go yelling on the phone asking for friends help, come to the scene, etc etc etc... Well... I suggest you think again.

So once again, trust me, its not about whos right and wrong. Its not about who did what, its about getting the injured attended to, getting the families informed. Making sure you have done everything properly, then only worry abour who is going to pay what.

IMHO. Its quite an experience, especially if you got to heck it alone.
 
Boink Boink said:
Hehe.....

Well... about claiming your NCB, think about it, your insurance is supposed to be used. Its just that they companies make it tempting not to use your NCB. Dont go around saying your wasting your NCB. More like insrance is there for a reason. So use it.

Also, I my experience as much as I agree with you all, and that motorcyclists would prob be in the wrong of way, not earing their helmets etc etc...

However, when you are on the side of the road, your trying to fix the guys wounds, your figuring out whats the neext thing to do. Your mouth is dry, you dont realize that your heart is racing. You struggle with the simplest things such as opening a bandage and you try to calm the crowd which has grown around you.

Sitting here now is way different. I tell you.
My case, I stopped, tried to give first aid, decided it was beyond my ability, hailed a cab, followed to hospital, registered with emergency, accopanied to xray and waited for about 4 hours.

Met the family, dealt with the people at the scene. You know the smart melaysians who just cant keep their coments to themselves at the scene.

I only called for someone to accompany me at the hospital, when things were calmed down, and doctors had given attention.

If you guys are thr sort that go yelling on the phone asking for friends help, come to the scene, etc etc etc... Well... I suggest you think again.

So once again, trust me, its not about whos right and wrong. Its not about who did what, its about getting the injured attended to, getting the families informed. Making sure you have done everything properly, then only worry abour who is going to pay what.

IMHO. Its quite an experience, especially if you got to heck it alone.


dude, i've been there done that. even had to deal the barrage of f*cking callmen who kept insisting they were "just trying to help"

the fella broke his leg after ramming into the car at Moto-GP speed. my guess is he thought he was Rossi but didn't notice there was a car directly in front of him.

carried him to the side of the road, called an ambulance and waited.

very important, if you even suspect that he is injured, do not DO NOT transport him by yourself. if his injury worsens or he dies in transit, you could be liable to aggravating his injuries. don't you just love Malaysian law? you try and help but in the end can get butt-f*cked as well.

why i say the NCB is WASTED is because you lose 50% bonus even though you were a careful and considerate driver. you are totally innocent but because some uneducated jakun from the kampung decided that he can ride around town without insurance, you lose 5 years worth of safe-driving.
 
aiyah, talking bout motorcyclist, damn bengang with those bastards that ride slow slow in the middle of the road, the other day i wanted to bang one fella already, fucking pissed at him, move to the left abit, then suddenly come back inthe middle of the road, KNN< ahve to jam brake, cibai, if wanna overtake the car, overtake lar, butthen fucker move in out in out, cibai kiaa....then i dun bother, rev right beside him,then terus overtake and pecut out, fucking pissed man, if he swirve out, i dun bother but abng him oni larr..drop or what fuck also i dun care liow.....damn pissed with those type of people man...

btw, i was a motorcylist too, butthen i dun ride in the middle of the road damn fucking slow, most of the time, im asking cars to move out of my way, cause im normally faster than them...and i dun ride a kapchai lar :P riding a scooter and also NSR, lastime lar that is.... :D woops, abit contradictory, butthen i make sure im faster lorr if i ride in the fast lane, butthen if got car behind, i sure move aside let him pass :D cause i know how it feels to be blocked by some slow mother fucker! aahahaha :P oke larr, time to chill, catch you guys round man :D

some advise to motorcylist, unless you are faster, get out of the fucking way....ahahhaa :P PEACE :D
 
t0il3t_duck said:
whao cool down bro.... dont waste your life for this kind of ppl.....
jus to share something out of topic.... fel that every time when i give signal to cut in the next lane.... ppl sure pijak minyak,rush in front and dont let you in.... sometimes it's even easier if you dont give signal.... something wrong with those ppl..... confuse how should i drive carefully on road...
Once, at kelana jaya, one very sick driver did the same thing on me, caused me almost hit the car in front of me. Then, I was very angry and chased him like crazy, if he dare to stop his car, hehe... but he just escaped like a coward.
This morning I also met with few uncivilize motorcyclists at petrol station, they just jump queued like nobody else waiting to pump petrol. They can get to the petrol pump at front before any car can do that since their size are small.
 
In the end we both share the same roads and have to learn to compromise with each other. In most Western countries, motorcycles are governed by the same rules that apply to cars ie. they queue up at traffic lights and intersections just as cars do. Of course their bikes are much bigger and there are less of them which makes it convenient to apply such rules. I wonder if there are specific rules that govern road usage for motorcyclists here as I am unaware.

Having said the above, there are a few instances that really annoy me:

a) When you are waiting to turn into a busy intersection.
- if you are turning left, you naturally look to the right at the oncoming traffic for the opportunity to zip in. these fulats then try to squeeze past you on your left which is quite annoying as you aren't even looking in that direction. The moment got chance to cut in, you naturally jalan only wat. Then when you look to your left, you suddenly notice this piece of shit there.

b) When in heavy traffic and they try to squeeze past you at any cost
- numerous times have they scratched or dented my car. fucking annoys me coz i can't chase them when they speed off. i may be sadistic but i at the time i really curse kau the fella to die lor. not nice to admit this but hey, i'm left to pay for the damages lor.

c) Unaware that you are reversing
- this does not only apply to motorcyclist but pedestrians as well. for some reason, they seem unaware when your reverse lights come on. they still walk pass by behind your vehicle knowing that they can kick the bucket if you do not see them. the fucking pollution in this country must have fried their brains ler.

d) Mat Rempits
- this is a generalisation ler but i do hate the way they hog roads and intimidate drivers. also when they park in spaces meant for cars. am especially fascinated by their superman impersonations. i think it looks more dumb than cool though.

e) When they take up both lanes.
- at least stick to 1 lane lah so i can overtake. i respect that you use the same road also, but you take up your own portion and i'll take up mine lah.
 
My most major experience with a motorcyclist was as follows:

stopped along the side of ldp (near uptown- next to the divide between ttdi and going to bu) to help a friend who had just been hit in the rear by a motorcyclist. the fella's exhaust pipe jatuh. i decided to stop behind him to that if any niama fulats didnt see us, they would hit my car and not us lah while we're tying his pipe up.

it was drizzling and night at the time. i was backing up as his car was too close for mine to come out forward. suddenly i see this motorcyclist zip out from behind a pajero. he finally sees me but as the road is wet, can't turn or brake in time. i basically witnessed the guy aquaplanning for 5 secs from my rear view mirror. in that time, i pasang handbrake and just waited lah. he slammed into my ass and violated the privacy of my car by entering through the rear windshield. had to pull him out and sat him by the roadside. his employer came and all that lah. didn't ask for anything as perhaps he thought his employee was in the wrong. upon recovering, the motorcyclist asked for some compensation. i looked at his bike and also my new hatchback just converted from a sedan. nm i thought, so i gave him like 120 or something. it was all i had ler.

i'm just wondering that in a case like this, who is wrong?

i stopped by the side of the road with hazards on. upon completion of job, i was in the process of backing up to get out and rejoin the flow of traffic. this fella zips out from behind a pajero and sees me too late. hmmm?
 
well in my case i hope u alll can tell me who is wrong...

1. in glenmarie i was driving at 80kmh at 12 midnite...then there is this bunch of motorcylcle scattered along the road...i ignore them as most of them is in the left lane..then suddenly one motorbike accelerate in front of me and then just after around 100 meters in front of me he suddenly stopin the middle of the right lane...and his fren is on the left lane..so i got no choice but to jam brake...luckily i am able to stop few meter before i bang him...but if i really bang him..who;s fault is that??

2. motorbike drives real fast them unable to stop on time and bang the car behind..so whos fault is that..??
 
i hope suzuki/yamaha/honda motorcycle department all bankrupt kaw kaw so that there will be no more motorcycle produced, except for superbikes and those expensive brands like ducati, bmw bla bla bla hahaha
 
jasonchan said:
well in my case i hope u alll can tell me who is wrong...

1. in glenmarie i was driving at 80kmh at 12 midnite...then there is this bunch of motorcylcle scattered along the road...i ignore them as most of them is in the left lane..then suddenly one motorbike accelerate in front of me and then just after around 100 meters in front of me he suddenly stopin the middle of the right lane...and his fren is on the left lane..so i got no choice but to jam brake...luckily i am able to stop few meter before i bang him...but if i really bang him..who;s fault is that??

2. motorbike drives real fast them unable to stop on time and bang the car behind..so whos fault is that..??

i think as long as the u hit someone from the back, u r wrong. Maybe for motorcycle also the same, i hope so la. So next time can jam brake infront of an idiotic motorcyclist traveling around 80kmh
 
Differ - Peace always.

Glad to see everyone has their own motor stories. Bottom line is that, get into accident, regardless also quite on the losing end la. So what choice do we have? Right?

Good advice dont transport the fella in your own car. Thanks.

Also this idea of ceompensation thing. If you feel pity and all that for the guy, ok la. I mean I paid the guy Rm 300.

But make your police report. Let you know of a case. Senior Driver Kembara pancaked a Senior Driver Merc from the rear. Quite a bad one la. Feredal highway, you know pancake story. Kembara damage estimate, RM 4 - 6k, Merc Estiamte RM 20k. So claim senior kembara insurance. Both drivers senior, professional, you know working class that sort of thing. At that time, all ok, a bit annoyed, but everyone was ok.

2 month later slapped with law suit, seeking compensation for loss of car use, loss of dunno what and dunno whats.

Senior kembara driver took law suit to insurance company, not heard anything since then. Insurance company obligated to handle the case.

So ? worth NCB or not?

ON a side note, that one quite worth it la. Car was less than 1 year old. So no NCB to lose. :)

But yeah, make your police reports.
 
jasonchan said:
well in my case i hope u alll can tell me who is wrong...

1. in glenmarie i was driving at 80kmh at 12 midnite...then there is this bunch of motorcylcle scattered along the road...i ignore them as most of them is in the left lane..then suddenly one motorbike accelerate in front of me and then just after around 100 meters in front of me he suddenly stopin the middle of the right lane...and his fren is on the left lane..so i got no choice but to jam brake...luckily i am able to stop few meter before i bang him...but if i really bang him..who;s fault is that??

2. motorbike drives real fast them unable to stop on time and bang the car behind..so whos fault is that..??

general rule is "you kiss, you pay" i guess.

i can relate with your 2nd point thought. once my girlfriend was driving my car near KLCC. the smaller roads are a bit shit like most other roads in kl so she was driving cautiously lah. this fucking mat rempit was following closely. she came to a pothole and naturally slowed down lah. the rempit of course had no time to react as he was so close mah and left a tyre mark on my bumper. my gf didnt get down (i told her never to get down from the car), so she wound down the window to ask the fella wtf he was doing so close lah. the fella then asked why she braked suddenly. mahai if he weren't so close and was paying attention instead of looking at chicks walking, he would have been able to break in time wat. next thing you know a dozen of his degenerates turns up and starts blaming my gf. wut can she do? nothing lah. safety in numbers. cowards, 1 girl need to so many kutus. lost count of the times i dreamt of driving a hummer and charging straight into a pack of them and causing a 'bowling ball to pins' effect, sending them flying through the air. then i'd get out of my hummer and give myself a pat on the back, light a cigar and snigger at the sight of them.
 

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