Undoubtedly, motorcyclists are one of the most vulnerable road users as they are two-wheeled, and inherently unstable than four-wheeled vehicles. According to the Global Road Safety Facility (GRSF), 77% of road accidents in Malaysia involve the economically productive age group which is 16 to 64 years old, with the ratio of male to female 4:1.
Among the ASEAN countries, Malaysia has the highest road fatality risk (per 100,000 population) with more than 50% of the road accident fatalities involving motorcyclists. It is obvious that road accidents are a major issue in Malaysia and the rate of accidents is increasing yearly as per the statistics shown by the relevant authority.
As every motorized vehicle in Malaysia is required to have at least a Third Party insurance policy based on the Road Transport Act 1987, therefore, you may make a personal injury claim from the other party’s insurance company due to their negligence.
3 Major Items That You Can Make A Claim
Typically, personal injury claims are the result of the negligence of another party. 3 major items that you can make a claim are as the following:
Injuries
A serious and traumatized accident can result in more than just a few bills. Injuries claim include every type of injury to a person’s body, mind, or emotions. This is often referred to physical pain and mentally suffering, hurt or discomfort as a result of the accident. Though it may be very subjective to quantify pain and suffering, it has happened before. In the case of Yang Salbiah & Anor V Jamil Harun (1981), the victim suffered from abrasions, contusions and was left in a vegetative state after an accident. The court awarded RM70,000 to the victim as she was experiencing pain and suffering while she was conscious. But as for 2022, victim who are in a vegetative state can claim up to RM400,000 as general damages for pain and suffering, not including other heads of claims like loss of earnings, future needs and etc.
Medical Expenses
Major or minor injuries must be treated after an accident to ensure there are no underlying injuries. The victim is entitled for medical compensation, including hospitalization, surgery, medication, physiotherapy, follow-up visits, or anything related to the damages. Besides, he or she can also be compensated for the medical expenses that are likely to incur in the future. If the injury is severe, other expenses such as rehabilitation or nursing care can be recovered to cover the cost as well.
Loss of Income
A major accident may leave the victim some impact, whether it be physically or mentally. Everyone’s recovery is different, but it can be difficult to go back to work right away especially if there are injuries. Who knows how long the recovery will take? It can be days, weeks, or months, without a steady income, who is going to pay the bills, and cover day-to-day expenses? Since the other party caused this, their insurance company will be responsible for the loss of income while the victim’s recovery takes place.
You may be entitled to claim for other items depending on the severity of your injuries. For more information, kindly contact us.
How to make a claim
Seek medical attention & keep the invoice
Regardless if you do not feel injured after a motorcycle accident, it should be your top priority to seek medical attention. It is always a good idea to get checked by a doctor, as you never know if you have any serious injury that’s been masked by shock or adrenal surge. Even if it’s minor injuries that do not require immediate medical care, you should still seek guidance from the doctor or do a simple body check if necessary. For other instances, if the accident results in serious and obvious injuries such as broken bones, bleeding excessively, neck and back injuries, emergency care is required and ambulance services with paramedics should be utilized to prevent further injury from delayed treatment. Just remember to keep receipts for all expenses related to your accident until you have successfully made your claim.
Provide as many evidence as possible
When preparing to make a claim, make sure to organize all the paperwork and provide as much evidence as possible to smooth the entire claim process. Evidence is the key element that will determine the result of your case, this is also one of the best ways to protect your legal rights. If you are fit enough to take pictures immediately after the accident, you need to take as many pictures as possible, and take pictures of the accident scene from all directions, you never know which angles are best to illustrate the accident scene. If you can’t do it, ask your family member or a friend to visit the scene as soon as possible to do so. Or else, you can just ask people who are there to help you. Pictures or videos can provide proof of how an accident occurred, and they are essential evidence to build your claim.
Get the contact details of any witnesses
Most of the insurance companies are here for business, they will look for any possible opportunity to get out of paying on a personal injury claim. Sometimes, documents are not enough for them to proceed with the claim. Having strong and credible evidence such as testimony from eyewitnesses who were present at the scene where the accident happened can support your case even better. This is because they are viewing from third-party and weren’t involved in the accident themselves, they can usually provide a clear, value statement without taking sides. Some common types of witnesses who can provide testimony are nearby motorists, nearby pedestrians, other individuals near the crash site, including property owners, workers, customers, and more, as long as they are not involved in the accident. These witnesses may be able to strengthen your case against the at-fault party. Get their information such as their names and mobile numbers, as it will be useful during the investigation process.
Report the incident to the police
It is important to stay calm after the accident, and stay alert of the surroundings. Try to recall what happened, as many details as possible, including the names and addresses of drivers and passengers involved in the accident, license number, model of their vehicle and car plate number. If you can’t do it, make sure there is someone else on the scene to help you with these. Then, make a police report within 24 hours after the accident takes place. Provide the police with all the information they require and get a copy of the report. This document is crucial when making a claim with the other party’s insurance company later.
Inform your insurance company
You might be wondering, why should I inform my insurance company when I am claiming from the other party’s insurance company due to their negligence? Well, regardless of fault, you still need to inform your insurance company and report the accident. It is better to notify your insurer sooner rather than later. There are several coverages on your insurance policy that you may want to utilize to help with your damages, even if the accident is not your fault. However, it is best not to discuss the issue of fault until you have consulted with an attorney to avoid giving your insurance company the reasons to deny the coverage that you may be entitled.
Contact an experienced personal injury lawyer
If you are able to find one, you may want to consult an experienced personal injury lawyer before informing your insurance company. With many years and experience handling such claims, an attorney can advise you on what to do after the accident and what information you should provide to your insurance company. Your attorney saves you a lot of time and research, and helps you avoid making wrong steps that could reduce your chance of recovering full compensation for your losses. Besides, they can provide a second opinion and logical advice, as they are experts in this type of case. You can count on them and they will ensure you get the settlement you deserve.
Bonus: Supporting Documents Checklist
For injury claims:
- Relevant police reports
- Relevant medical reports
- Evidence regarding the accident (photos/ dashcams/ witnesses)
- Bills and receipts incurred
For fatal claims:
- Proof of relationship
- Death certificate
- Burial permit
- Post-mortem report
Note: The list above serves as a guide only. The documents required may vary depending on each case. Kindly check with the insurance company for further information.
If you are involved in an accident, the last thing you want to worry about is going through the insurance claim process. Without an attorney’s help, it can be hard to know if you are doing the right thing or whether you will get all the compensation to cover the costs incurred from the accident. Reach out to a professional personal injury lawyer in your area for legal assistance and they will guide you step-by-step to get the compensation you deserve.
Drive safe, and don’t forget to follow our social media and share this article with your family and friends to spread awareness!