As there are many who are curious to see accidents on the road (this can be seen where vehicles slow down just to catch a glimpse of the wreckage on the expressway), it is never a pleasant moment to be involve in one, especially when you do not know what to do thereafter.
In Malaysia, here are a few steps you will need to take if you intend to rely on the insurers:-
- Stop the vehicle. Failing to do so could amount to an offence under the Road Transport Act 1987.
- Make sure you and your passengers are alright. If anyone is injured, after you have completed step 3 below, drive to the nearest hospital (not clinic – some clinics may not be equipped to handle serious injuries and may refer to you the hospital nevertheless). If you call an ambulance, they will take you to the nearest government hospital and not the hospital of your preferred choice.
- Take down and exchange particulars with the vehicle(s) that is/are involved, e.g.:-
- car plate number;
- name, address and identification card number of the driver;
- the number of passengers involved (in all vehicles);
- pictures of the damaged vehicles (use your phone);
- pictures of debris and skid marks on the road (if any);
- the location of the accident;
- Drive to the nearest traffic police station to lodge a report. If you do not know where that is, go to any police station to lodge the report. Anyone can lodge a police report, including the passenger/ pillion. Once that is done, the police will then direct you to the nearest traffic police station for your statement to be taken by the assigned investigating officer.
- You must lodge a police report within 24 hours from the time the accident took place. Failing which, a police summon can be issued against you.
- Sometimes, injuries may only appear during the next day. This is known as the ‘posttraumatic’ injury. E.g. whiplash, headache….etc. Hence, it is advisable not to mention in your police report that you suffer no injury at all.
- Obtain a copy of the police report and contact your insurers. They will tell you what to do next.
What happens when you could not start your vehicle after the accident?
Follow steps 1-3 above and then call for a tow truck to toll your vehicle to the nearest traffic police station. Then continue steps 4-6. There may be many tow truck agents (“the Agents“) who will stop by and offer help. Some may even offer a package deal (e.g. from towing your vehicle, providing a work shop, dealing with the insurers to appointing a lawyer on your behalf).
However, there have been incidences where the Agents’ preferred workshop failed to repair the vehicle according to the customers’ satisfaction, thereby leaving several unknown defects behind. There are also incidences where the Agents’ preferred lawyers are appointed without the customers’ awareness. Hence, it is always better for you to personally appoint recommended entities that you are familiar with to avoid unnecessary ‘hiccups’.
To Sue or Not to Sue?
It is prudent to consult a professional before bringing an action against the other vehicle(s) owner(s). There are many factors to consider, such as “whether the other vehicle(s) owner(s) is/are insured” or “whether the other vehicle(s) owner(s)’ insurer will cover the type of accident that happened” etc. In some cases, the amount of compensation may not justify the time, effort and stress of bringing a legal action in court. In such situation it would probably be better to negotiate a settlement instead. Your lawyer will consider all relevant factors and advise you on the best cause of action.
Considering on the spot settlement?
When accidents are not too serious, some may consider settling on the spot with the other party without relying on the insurers. One must be caution that if one party subsequently decides to lodge a police report where the other fails to do so within 24 hours, he/she will be summoned for failing to lodge a police report.
Last but not least, always make sure you have a valid driving license and road tax whenever you are on the road. To avoid going through the hassle mentioned above it is advised that we should all be prudent and cautious road users. Drive safe!