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Involving vehicles, pedestrians or cyclists

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Road accident definition and meaning | Collins English Dictionary

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Road accident definition: a traffic accident involving vehicles, pedestrians or cyclists | Meaning, pronunciation, translations and examples

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this is the reference https://www.mot.gov.my/en/land/safety/road-accident-and-facilities

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Malaysia Road Accidents by States (1999-2018)

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The Royal Malaysia Police (PDRM) has released its road accidents statistics in Malaysia for the year 2020. Apart from reducing the spread of COVID-19, turns out that the Movement Control Order (MCO) had contributed in the reduction of road fatalities.

According to Bukit Aman Traffic Investigation and Enforcement Department (JSPT) director, Datuk Azisman Alias, the MCO has helped a lot in reducing the number of accidents in 2020 by 26% compared to 2019. Malaysia has recorded 567,516 accidents in 2019 and 418,237 accidents in 2020.

Meanwhile, road fatalities have also dropped by 25% from 6,167 in 2019 to 4,634 in 2020. That’s an average of 12.7 deaths per day.

Azisman also shared there are 3,118 deaths involving motorcyclists which is 67.28% of total deaths recorded last year. As a comparison, there are 3,959 deaths among motorcyclists in 2019.

A total of 7,655 people were arrested last year, with 3,394 due to driving while intoxicated and 2,624 for road bullying. Despite having fewer accidents, the police had collected 29.2% more fines amounting to RM395.3 million in 2020 versus RM305.9 million in the previous year.

While it is good news that road fatalities have dropped significantly last year, 4,634 deaths is still a huge number. Compare that with COVID-19 where Malaysia had recorded a total of 471 deaths on 31st December 2020. To put things into perspective, you’re 10x more likely to get killed in a road accident than to die due to COVID-19.

When it comes to the pandemic, there are SOPs and measures in place to minimise the risk of infection. Similarly, there are also rules and regulation to ensure road safety. Looking at the statistics, it seems that Malaysians are more compliant when it comes to COVID-19 measures but they don’t bat an eye when it comes to road safety. We still see people getting distracted by their phones, beating the red light and heard cases of people driving under influence including drugs.

This comparison isn’t meant to downplay the seriousness of the pandemic but to highlight the severity of road accidents which can be avoided. As mentioned in our previous post, road safety is a shared responsibility and it is frustrating to see many lives were lost unnecessarily. The biggest difference is there are vaccines to protect people from COVID-19 but there’s none for reckless driving.

Due to the increase in the number of deaths among young motorcyclists, the Road Transport Department (JPJ) is currently studying a proposal to limit the licensing category for those aged under 21 years old to motorcycles with 70cc engine and below. If it gets approved, the new regulation may take into effect in 2025.

[ SOURCE ]

Related reading

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Malaysians were 10X more likely die due to road accidents than COVID-19 in 2020 - SoyaCincau

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The Royal Malaysia Police (PDRM) has released its road accidents statistics in Malaysia for the year 2020. Apart from reducing the spread of COVID-19, turns out that the Movement Control Order (MCO) had contributed in the reduction of road fatalities. According to Bukit Aman Traffic Investigation an…

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MALAYSIA had cleaner air due to less traffic on the road during the movement control order (MCO).

And now, we have fewer road deaths and accidents - the number of people who were killed on the road fell by 32.7%.

Meanwhile, the number of accident cases have dropped by 36.1% during eight months in the MCO period compared to the corresponding period last year.

Between March 18 and Nov 18, a total of 248,116 cases were reported nationwide.

This is a dip, compared with the 388,015 cases reported during the same period last year.

"It is a reduction of 139,899 cases or 36.1%.

"From the total number of cases, fatal accidents amounted to 2,662 cases this year compared to 3,974 of such cases last year.

"It is 33% less this year," reveals Deputy Comm Datuk Azisman Alias in an interview recently.

The Bukit Aman Traffic Investigation and Enforcement Department (JSPT) director says while the number of cases were significantly down this year, the number of victims have increased slightly by 11.4% this year.

"A total of 11,230 victims were involved in accident cases this year compared to 10,077 last year.

"However, the number of deaths (as a result of accidents) have shown a decline of 32.7%," he adds.

In terms of states, Selangor recorded the highest number of accident cases during the MCO period with 72,815 cases followed by Johor (33,723 cases) and Kuala Lumpur (29,134), DCP Azisman says.

"Selangor recorded a reduction of 36.9% (115,440 cases in 2019) while Johor recorded 39.7% decline (55,902 cases in 2019) compared to the same period last year.

"In terms of fatal accidents, Selangor tops the list too with 491 cases followed by Johor with 395 incidents.

"For Selangor, it showed a drop of 26.8% compared to last year while for Johor it is a 41.9% reduction," he says.

States with the least accidents between March and November this year were Perlis (946 cases), Terengganu (5,683) and Kelantan (6,269).

DCP Azisman adds that for the number of deaths in fatal accidents, Selangor has the most number with 510 this year but it is a reduction of 28.2% compared to 710 deaths last year.

However, it is Johor that showed the biggest drop in deaths.

"Johor recorded a 42% decline in the number of deaths with 427 deaths compared to 736 deaths last year," he says.

Penang had the third highest road deaths, with 299 deaths recorded this year - a 30.5% decrease from 430 last year.

As for the victims, the number of fatalities were mostly from between the age of 21 and 25 with 385 deaths this year compared to 541 deaths last year, DCP Azisman highlights.

"For that age group, it is a decline of 156 cases or 28.8%.

"The second highest fatalities this year involved the 16-20 age group with 354 deaths compared to 654 last year," he adds.

It is, however, a concern that more children aged between six and 10 died in accidents this year, with 107 deaths recorded compared 91 to last year - making it a 17.6% increase.

Motorcycles contributed the highest number of vehicles involved in fatal accidents during the MCO period with 1,949, which is a 28.6% reduction followed by cars at 508 (40.7% reduction).

Given the high demand for delivery services during the MCO period, DCP Azisman says 12 deaths involving such riders were recorded followed by five who were badly injured while 48 others suffered light injuries.

JSPT personnel had to face various challenges during the conditional MCO period, including various excuses given by road users when stopped at roadblocks.

"Quite a number of Malaysians still try to travel between state or district borders in areas placed under conditional MCO.

"Among the excuses given were attending weddings, visiting an ailing family member or visiting parents.

"Such road users will face problems if they don't have police permission to travel inter state or inter district," he says.

The lack of understanding on conditional MCO is also a challenge for traffic police personnel, he adds.

"It could be that their understanding of conditional MCO regulations is not that clear.

"Traffic police personnel have to explain to them on the regulations, including the ban on inter state and inter district travels," he says.

JSPT personnel, similar to other frontliners are also vulnerable to getting infected despite all personnel following strict standard operating procedures (SOPs), DCP Azisman points out.

"Whenever we encounter road users be it at roadblocks or other circumstances, there is no way to ascertain whether the road users are with symptoms or otherwise.

"We also hope that road users will wear face masks when talking to police personnel especially at roadblocks," he adds.

DCP Azisman reminds people to stay at home during recovery or conditional MCO if they have no urgent matters to attend to.

"Staying at home will lessen the number of vehicles on the road, thus reducing the accident rate.

"Road users should always drive or ride carefully while abiding by all the rules and regulations," he says.

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Road deaths and accidents drop by over 30%

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MALAYSIA had cleaner air due to less traffic on the road during the movement control order (MCO). And now, we have fewer road deaths and accidents - the number of people who were killed on the road fell by 32.7%.

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Youths Record the Highest Road Accident Fatalities: PM

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Youths Record the Highest Road Accident Fatalities: PM

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Youths record the highest road accident fatalities: PM

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BERA: Youths accounted for almost 50 per cent of the 14,308 road accident death cases recorded in two years from 2019, said Prime Minister Datuk Seri ...

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Government- Establish the Campaign to Stay Safe on The Road

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Government- Establish the Campaign to Stay Safe on The Road

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Campaign at Putrajaya ''Ops Selamat"

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A total of 255,532 road accidents were reported from January to September 2021, said Transport Minister Datuk Seri Dr Wee Ka Siong. Based on police statistics, of this number, 3,302 were fatal.

For the whole of 2020, 418,237 accidents were recorded, with 4,634 fatalities. "The sudden reduction in traffic deaths for 2020 compared to previous years is the result of lockdowns, reducing the amount of traffic and thereby the number of traffic fatalities," said Dr Wee during the launch of the Chinese New Year road safety and "Ops Selamat" campaign in Putrajaya.

He added to reduction in traffic deaths due to restricted movement not only happened in Malaysia, but worldwide. "All nations around the world recorded a reduction in road fatalities, up to 20%, including Malaysia where the reduction was 25% in 2022," Dr Wee said.

Aside from this, based on Ops Selamat 16 by police, 23,308 road accidents were recorded during the Chinese New Year holiday period in 2020. Of this, 206 accidents were reported as fatal, with 230 deaths.

"This figure of 230 road user deaths in two weeks during the festive period is worrisome. To me, this is an indication the road safety literacy level amongst road users is far short of a commendable level," said Dr Wee. Ops Selamat is scheduled to run from Jan 28 to Feb 6, 2022.

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255,532 road accidents Jan-Sep 2021, 3,302 deaths - paultan.org

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A total of 255,532 road accidents were reported from January to September 2021, said Transport Minister Datuk Seri Dr Wee Ka Siong. Based on police statistics, of this number, 3,302 were fatal. For the whole of 2020, 418,237 accidents were recorded, with 4,634 fatalities.

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There are few tips to reduce road accidents.

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1. Hydrate yourself

2. Stop vehicle when tired or sleepy

3. Have eyes examined regularly

4. Check blood pressure and sugar regularly

5. Don’t take alcohol

6. Control emotion

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Lasting physical effect

Permanent disability or disfigurement

Emotional effect

Proving future damages for long-term injuries

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The Long-Term Effects of a Car Accident

Car accidents can be traumatizing. You're never truly prepared for the emotional and physical car accident after effects. After an automobile accident in Missouri, recovery usually begins to occur once the collision or crash has been investigated, medical attention has been sought, police reports and other relevant documents are gathered, the evidence is collected, and liability is determined.

However, the effects of car accident injuries can be long lasting which is why compensation must take into account future expenses and suffering. In this post, we take a look at the long-term emotional and physical effects of a car accident.

Emotional Effects of a Car Accident

Some injuries are not immediately apparent after an accident, but regardless of when an injury first appears, it can have a long-term effect. One of the areas in which car accident injuries typically are long lasting is those related to psychological or emotional trauma.

The mental and emotional injuries after a car accident can include mental anguish, emotional distress, fear, anger, humiliation, anxiety, shock, embarrassment, random episodes of crying, loss of appetite, weight fluctuations, lack of energy, sexual dysfunction, mood swings, and sleep disturbances. ¹

Studies indicate that one-third of those individuals involved in a nonfatal accident continue to have the above-mentioned symptoms of emotional trauma a year after the accident including post-traumatic stress disorder, depression, and phobias. ² Recovering for the long-term emotional and mental injuries after a car accident should be calculated into the pain and suffering damages. ³

Physical Car Accident Effects

The more severe physical injuries associated with a car accident commonly include brain and head trauma such as a traumatic brain injury, neck injuries such as whiplash, neck strains, or disk damage, and back or spine injuries such as sprains, strains, fractures, or disk injuries. 4

Physical injuries that are associated with long-term effects are usually permanent disabilities such as amputations, paralysis, or TBI's which create a diminished mental capacity, but soft tissue injuries that affect the tissue surrounding and connecting tendons, muscles, and ligaments are also usually long term.

This is why determining the extent of an injury and the potential for future pain and suffering is an important component to recovering from an auto accident.

Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation

If you have sustained a harm or loss during a car accident, it is important to discuss the circumstances of your injury with an experienced auto accident attorney who can take into account the potential for future losses in order to fully protect your legal rights and interests to compensation.

To contact a personal injury attorney for a free consultation, call The Bruning Law Firm at 314-735-8100.

Additional Resources for More Information

If you still have questions about the long-term effects of a car accident, or other related topics, visit the pages below:
Resources:

1. http://www.all-about-car-accidents.com/resources/auto-accident/car-accident-injuries/mental-emotional-injuries-from-car-wreck

2. https://www.webmd.com/mental-health/news/20010820/impact-of-car-accidents-can-be-long-lasting

3. http://www.all-about-car-accidents.com/resources/auto-accident/car-accident-injuries/mental-emotional-injuries-from-car-wreck

4. http://www.all-about-car-accidents.com/car-accident-injuries.html

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Long-Term Effects of Car Accidents: Emotional and Physical Ramifications

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Car accidents can be traumatizing. You're never truly prepared for the emotional and physical car accident after effects. After an automobile accident in Missouri, recovery usually begins to occur once the collision or crash has been investigated, medical attention has been sought, police reports and other relevant documents are gathered, the evidence is collected, and liability is determined.

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Human factor

Condition of the road

Condition of the car

Weather condition

Strong light reflection

The traffic

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Opinions on topical issues from thought leaders, columnists and editors.
By Norazlinda Hj Mohammad
Every day, in the newspapers and over radio, television and the Internet, we Malaysians are bombarded with disturbing news of road accidents in urban centres or rural areas across the country. Why are these accidents happening? Have Malaysian motorists forgotten road safety regulations? Imperatively, it is an obligation for all road users to abide by road safety rules at all costs. The escalating rate of the accidents is a cause for worry, not only to society but also to the government, authorities and enforcers who are thinking how to curb these mishaps.

Malaysian roads have been ranked the 17th most dangerous in the world, so classified by a group of researchers from the University of Michigan. Some of the road calamities that have traumatised us have had to do with convoys and illegal racing by motorcyclists, among others, on the DUKE Highway, Genting Sempah-Genting Highlands Highway, KL-Karak Highway, North-South Expressway and LPT Expressway.

The behaviour of unethical road bullies can be a distraction to some motorists. These hooligans follow the ordinary motorists bumper to bumper, fail to give signal indications at junctions and speed like Ferrari drivers with their low-cost vehicles. It must always be remembered that being a cool, tactful driver and practicing safe driving will keep you safe and lessen the risk of other motorists getting injured or killed on the road. In the words of wise man, "Driving faster can cause disaster. Drive less and drive smart".

Major road accidents or huge crashes cause damage in the form of human beings injured or killed and trees as well as government infrastructure such as lamp posts, road dividers and, bridges destroyed. Road accidents can have a detrimental effect on the emotions, especially causing sorrow, and loss not only to families of fatal road accident victims but also to the Malaysian government in terms of the economic, financial and social aspects. In fact, some of the road accidents involve people of a very young age, such as students, youths and young graduates, with a bright future ahead of them. It certainly causes a huge distress to us as it affects the human capital development or economic growth of Malaysia.
Human factor - the driver
An unskillful driver can end up being the main cause of a crash. Malaysian drivers must realise that they cannot drive fast like Speedy Gonzales. You must never imitate or be influenced by the action in the Fast and Furious movies and drive extremely fast. You must bear in mind the saying that "Speed Thrills but Kills". Well, if you are late for an appointment or to catch a plane, so be it. You can never recover the missing minutes or hours by driving horrendously on the road. This type of drivers may lose control of the vehicle. As the saying goes, "Danger comes anytime without warning". People who are tired, sleepy and emotionally disturbed should not be driving at all. Likewise, those under the influence should also abstain from driving. Those on medication should not risk their life by driving. Drivers should refrain from overtaking at dangerous stretches such as winding roads. Try to be patient and understanding while driving and, finally, attempt to follow road rules and regulations at all times.

Another prime factor is that some irresponsible drivers are killed due to negligence as they would have been doing two things at the same time, such as texting, taking selfies or talking on the phone while at the wheel. The worst case is driving on the emergency lane. For God's sake, this is foolish. It can be avoided and should not happen if they're intelligent drivers. Basically, they should always stay focused on the road rather than endanger themselves and other motorists. As a matter of fact, life is very precious to be wasted by these awful, unscrupulous, sinful acts.
Condition of the roads
Road conditions contribute a great deal towards the occurrence of crashes. Our driving speed should be commensurate with the road conditions. Faded road markings and potholes could be another cause for major road accidents. The poor motorcyclists become the victims of poor road maintenance as some of the motorcycle accidents happen due potholes, especially at night or during rain.

Some notorious drivers do not think twice about overtaking hazardously at sharp bents or at the double white lines, thus contributing to accidents. Fundamentally, it is not about being a dare devil or racer on the road; it is about being a sensible and cautious driver as you're not the only one using the road. Do think of other road users and your loved ones before resorting to any stupid or absurd action as it could leave you with undesirable consequences for life. Reduce speed if it's raining and the roads are slippery. Rainwater also causes vehicles to hydroplane, which can be extremely dangerous. Tyre conditions and brakes play a major role in determining how fast we should drive in the rain. Accidents can also happen due to the irregular surface of roads which causes vehicle imbalance and eventual collision with another vehicle or infrastructure such as lamp posts.
Condition of the car
Another factor that can cause accidents is the poor condition or malfunctioning of the car. In other words, proper maintenance of the car is important. The brakes, lights, signal lights and horn have to be checked regularly, not forgetting the condition of the tyre s and wipers too. Ensure also that seat belts are worn at all times. Ignorance of the law is no excuse! Most car or bus accidents happen due to the failing of brakes and bursting of tyres, making the vehicle spiral out of control or plunge into a ravine.

Don't be a foolish miser or simply procrastinate when it comes to servicing your car. Sensible drivers always keep their vehicles in tip-top condition. This is vital as it might cost you your life and a huge regret. In fact, it is devastating to see some of the vehicles in poor condition; they should be taken off the roads. Frankly speaking, in Singapore, after 10 years vehicles are strictly removed for good.
Weather conditions
In Asia, rain and, sometimes, heavy fog, haze and dew, especially in the early morning and late evening, have reduced visibility, thus leading to road crashes. Motorists should be alert and switch on their headlights or hazard lights in rainy weather to warn oncoming vehicles. Although it is a small gesture, it is so helpful for the other vehicles and can save lives. Moreover, there should neither be any excuse nor is it permissible for Malaysian drivers to be reckless when driving or riding motorcycles on wet days. It is unwise for the drivers or motorcyclists to speed during rain or after a heavy downpour as less friction can cause the road to be slippery. You may be lucky, like a cat with nine lives, to tell the tale if you escape injury or death.
Strong light reflection
Reflected sunlight and the glare of headlights from oncoming cars have been reported to be the cause of many accidents. The glare of headlights of many vehicles which use the latest white lights can be blinding. Most Malaysian drivers think it is cool and trendy to install these white headlights without consideration of the massive consequences or adverse impact on other road users. Be a considerate driver and also not use high beam indiscriminately at night as it can affect the concentration of oncoming drivers and even make them angry at being almost blinded.
The traffic
When roads are congested, there is a likelihood of more accidents happening. Crashes usually take place during the rush hour such as early morning, lunch hour and after-office hours. As a matter of fact, drivers should be alert and extra careful during these times. Accidents tend to happen in busy places such as near schools, factories and shopping centres.

Some of these accidents happen due to carelessness and ignorance of the drivers on the stipulated road safety regulations. Road safety rules have to be obeyed strictly, not only before getting your driving or riding licence but also after you have successfully secured it.

It has become cliché that road accidents are charting the highest rate during the festive seasons, what with the drivers getting impatient to reach their hometowns to celebrate Aidilfitri, Deepavali, Chinese New Year and Christmas with little regard for the heavy traffic and congestion. Malaysian motorists should bear in mind that it is better to be a bit late than to be sorry. Adopt a wise, prudent attitude such as being careful, considerate, patient and tactful on the road as most accidents can be avoided. Malaysian drivers should not only think of themselves but also be tolerant of other road users as most road accidents can be prevented if they pay serious attention to the traffic regulations.
Working together to reduce accidents
Road accidents are increasing from year to year, bringing great fear and danger not only to the drivers but also to society as a whole. Alarmingly, Malaysia has the third highest fatality rate from road traffic accidents in Asia and ASEAN, behind Thailand and Vietnam. A recent report by Bloomberg cited statistics from the World Health Organisation (WHO) stating that Malaysia is among the emerging countries with the riskiest roads after Thailand and South Africa. The Global Status Report on Road Safety published by the WHO and the World Bank in December 2018 reported that Malaysia recorded 7,152 road-accident deaths in 2016, with 87 per cent of those who died being male and 13 per cent, female. The WHO had estimated that for every road traffic death, there are about 15 serious injuries and 70 minor injuries.

Now this shocking statistics show that Malaysian families are hugely affected yearly by road fatalities, severe injuries, hospitalisation and disabilities. Fatalities in a road accident are not confined to the drivers but can also include the passengers. All parties must realise and give more attention to efforts to minimise the alarming rate of road accidents.

Several aspects have to be pondered upon seriously - the human factor, attitude of road users, road conditions, climate, regular inspection of vehicles by the authorities and stringent law enforcement. It will be a huge blessing for all Malaysians to work together to support and co-operate with the authorities and enforcers at all times in this endeavour.

Now is the time for a change of mindset and attitude to make our roads safe to drive - smoothly, securely and peacefully towards our destinations. Everyone should bear in mind to stay focused on the road when driving and never dice with death.
-- BERNAMA
Norazlinda Hj Mohammad is Senior Lecturer at the Alor Gajah (Melaka) Campus of Universiti Teknologi MARA (UiTM).

(The views expressed in this article are those of the author(s) and do not reflect the official policy or position of BERNAMA)

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Opinions on topical issues from thought leaders, columnists and editors. By Norazlinda Hj Mohammad Every day, in the newspapers and over radio, television and the Internet, we Malaysians are bombarded with disturbing news of road accidents in urban centres or rural areas across the country. Why are these accidents happening?

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Assess whether you need medical assistance

Stay safe

Take photo of any damages

Exchanging personal information with the other parties

Call for roadside assistance

Make police report

File an insurance claim

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Malaysian roads are fraught with accidents, and even if you drive carefully, there will always be someone driving recklessly and endangering others.

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.

We can conclude that being involved in a motor accident is at the very least a frustrating and time-consuming experience.

If you are unfortunate enough to get into a road accident, what should you do? The following is a comprehensive explanation to help prepare you for the unexpected on the road.

1. Assess whether you need medical assistance

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.

2. Take note of your surroundings and make sure you're safe

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.

Once you have repositioned the vehicle, turn off the engine to prevent further damage.

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.

3. Document any damage to your vehicle

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.

You should always take photos of the accident scene and damage caused to all vehicles involved whenever possible. These photos will make an important supplement to the police report.

Ensure that you have all these details documented, as they can serve as evidence:

Any visible damage to the vehicle (yours and the other party's).

Close-ups of any visible damages to the vehicle (yours and other party's).

The presence of physical marks (if any) such as skid marks, damaged lamp posts, potholes, or damaged road barriers.

Road names or landmarks in the area.

If you have a dashboard camera, save the video footage to give to the police later.

Write down the time the accident occurred.

Note the orientation of the vehicles.

4. Exchanging personal information with the other parties

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.

You should have:

Name, address, and phone number of the driver.

Identification number and driving licence number.

Make, model, colour, and registration number of the vehicle.

Other witnesses' contact information (if any).

The insurance company name for the other vehicle.

5. For roadside assistance service, call your insurance company's hotline

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.

If your car is still roadworthy, head to the nearest police station to file a report before heading to the nearest 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.
6. Lodge a police report within 24 hours

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.

7. Register an insurance claim

If you are not at fault:

If your vehicle is damaged, you can either reach an agreement with the other driver or 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.

Once you have filed a claim, a loss adjuster or investigator will inspect your vehicle. Upon assessing the damage and repair costs, the insurer will notify you of the amount you can claim.

If you're at fault:

If the damage is minor and there is no bodily injury, most people will prefer to settle privately with the other party than file a claim with their insurer and lose their No-Claim Discount (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.

What about fender benders?

Fender benders are generally considered minor accidents, usually at low speeds, so the damage is minimal.

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.

For Kurnia customers, visit our Claims Centre to get the latest information on our claims process.

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.

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Handling A Car Accident In Malaysia - A Quick Guide

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Malaysian roads are fraught with accidents, and even if you drive carefully, there will always be someone driving recklessly and endangering others. For this reason, the Malaysian government enacted the Road Transport Act 1987 to protect all road users and vehicles.

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Medical expenses

Cost of care

Loss of future earnings

Pain and suffering

Property damages

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Civil,Traffic

almost 4 years ago Arjun

Usually when an accident happens, you'd end up doing one of two things - either making a police report and filing an insurance claim, or settling privately with the other driver. However, these usually only apply when the damage is to the car itself. If other circumstances come into play - say if you were injured and unable to work, then you might have to take the case to court.

So let's say you were involved in such a scenario, and the court actually agrees with your side of the story and it is the other guy's fault. You want some money because he has caused you some losses. So, what can expenses can you legally claim?

Before we go to the 5 things you can claim, it should be worth knowing that you can only legally claim those expenses which was directly caused by the accident. So, let's say the accident damaged your car, but your car radio is working fine, you cannot later claim for a new Kenwood radio.

We've also updated this article with answers to some questions regarding the recent RapidKL incident, where a bus hit a number of vehicles along Jalan Ampang while being chased by motorcyclists.

So back to the main point, the things you can legally claim are as such...

1. Medical expenses

If let's say you suffered injuries from an accident and you went for treatment at a government hospital, the law says you can claim for those expenses. In the case of Chai Yee Chong v Lew Thai (2004) which concerned a victim who suffered injuries from a work accident, the court stated that treatment received in a government hospital can be claimed. However if treatment was received in a private hospital, the court stated that the victim must justify it. So for example, if let's say the treatment you require is not available in a government hospital, you can claim for the treatment you received in a private hospital.

In addition to claiming medical expenses in a government/private hospital, you actually can claim for expenses incurred from receiving traditional medicine treatment. The case of Seah Yit Chen v Singapore Bus Company(1978), concerned an accident victim who sought traditional medical treatment. When deciding if the victim could claim such expenses, the court stated that traditional medicine can be claimed provided that it was sought upon reasonable advice. So for example, if your medical doctor told you that you can go for acupuncture to cure the sore muscles from an accident, the court would probably allow you to claim it.

2. Cost of care

Let's say your accident has left you in a condition where it is difficult to take care of yourself. You may need someone to take of care of you, and you may also need some degree of supervision.

To claim for cost of care, you have to show that cost of care is required as decided in the case of Yang Salbiah & Anor v Jamil Bin Harun(1981). In this case, the victim was left in a vegetative state after a bus accident. The court required that the victim show evidence that she needed nursing care. So let's say you broke your pinky in a car accident and you hired a nurse to look after you, you probably would not be able to claim cost of care. However if you are paralyzed from the waist down, you probably have a proper chance of being awarded cost of care.

So, let's say you didn't hire a nurse or a caretaker. Let's say you have a family member willing to look after you instead for free, can you still claim since you are not spending a single cent? The answer is yes! In the case of Housecroft v Burnett(1986), the court actually allowed a wife to claim money for the care provided by her husband. How would the court quantify such an amount? They decided to use the market value of such care.

The next question now would be, how long can you claim for cost of care? So let's say you need 5 years to recover, you can claim the cost of care 5 years. However in situations where someone needs care for the rest of his life, reference should be made to the case of Bujang Bin Mat v Lai Tzen Hai(2004). In this case, a formula was given by the court as follows:

(Life expectancy) - (Age at the time of accident) ÷ 3

So, if let's say the court decides your life expectancy is 70 and you were 40 during the accident, you can claim cost of care for the following years:

3. Loss of future earnings

As mentioned earlier, sometimes an accident may result in an injury so serious that you cannot work for sometime, or forever. You need a salary to survive, so can you claim money for the damages? The answer is yes, but there are certain conditions to satisfy.

First, as stated in Section 28A of the Civil Law Act 1956 you must be under 55 years old. Meaning, if you are 56 the claim would fail. In the same section, you have to in good health before the accident. Meaning, you should not have any medical conditions before the accident which would have caused you to lose your job anyways. Finally, the same section says that you must have been receiving earnings by your own labour or gainful activity. Meaning, you cannot be an Ah Long and then claim for the losses of not being able to make money from illegal loans.

So once you have satisfied these 3 requirements, the amount you can claim is of course the salary you have been receiving during the time of the accident. However the case of Tey Chan & Anor v South East Asia Insurance Bhd(1993), stated certain deductions must be made. Here, the court deducted expenses incurred in earning the income. So let's say you are earning RM3000/mth, the court will deduct the money you have used for parking, fuel, etc(stuff you spend to go to work and stay at work).

Finally the next important question would be, how many years/months worth of salary can I claim? If your injury caused you to stop work for 2 years, you can claim for those 2 years. But, as mentioned earlier you can have an injury which lasts for a lifetime. In such cases reference must be again made to Section 28A, which says that it would all depend on your age. If you are below the age of 30 at the time of accident, you can claim 16 years worth of salary. However, if you are between the ages of 31 and 54, a formula would apply:

So if let's say you were 40 during the accident, you can claim for salaries lost for the following number of years:

4. Pain and suffering

It is common knowledge that the injuries caused by an accident can actually result in pain. Though it may be tough to quantify pain and suffering, the courts have done it before. In the earlier mentioned case of Yang Salbiah & Anor v Jamal Bin Harun, the court awarded RM70000 to the victim who suffered abrasions, contusions and ended up in a vegetative state. It was also stated in the same case, that you can only claim for pain and suffering while you are conscious. I mean, you can't feel pain if you are not conscious right?

5.Property damage

If you do get into a car accident, there is a 99.99999% chance that your car would get damaged too. Sometimes, like in the case of Motor & General Insurance Sdn Bhd & Ors v Pok Siong Kok & Ors(1988) your insurance may compensate you lesser than expected. In such cases, how would the court quantify such matters? In Pok Siong Kok, the victim's car suffered a total loss, and the court awarded him with the market value of the car at the time of the accident. To illustrate, let's say you bought a brand new Axia. 2 years later, you meet with an accident and your car suffered a total loss. The court will award you the price of a 2 year old Axia.

Update based on the recent RapidKL bus incident

We've had some readers asking how the incident involving the RapidKL bus would affect damage claims. While we can't comment specifically on the incident itself (as it's still being investigated) we've included two scenarios to address the questions above - basically what you can do if the vehicle doesn't belong to the driver that hit you, and what happens if the driver of the vehicle that hit you is unconscious or passes away.

You can get the driver's boss to pay up

This may not apply in every scenario but, if the vehicle that hit you belongs to a company or someone running a business, you can claim the damages from the company itself.

However, the catch is that you can only do this if the accident occurred while the driver was on duty/working. An example of a scenario where this would be applicable is where there your car gets hit by a delivery van while the van is doing deliveries. The law which allows such a claim is called vicarious liability. The concept allows the boss of a negligent worker to be liable for the carelessness done by the worker during the course of his work.

[ READ MORE: If a worker hurts you by accident in Malaysia, do you sue him or his boss?]

Things are again slightly different of you were to be hit by an ambulance or a government vehicle, which we've individually covered in the articles below:

[READ MORE: Who do you sue if a police car hits you?]

[READ MORE: Who do you sue if an ambulance hits you?]

You can still make a claim, even if the driver passed away or goes into a coma

While this may bring about questions of morality, respectfulness, or being considerate; these are perhaps best left for the people involved to decide on. From the legal perspective itself, you can actually get compensation from the person who caused the accident even if the above happens.Let's start off with what happens if the person passes away

According to law, although a person is dead, their estate survives. The estate is basically the properties and rights of the deceased. Under Section 8(1) of the Civil Law Act 1956, you can still take or continue a civil suit against a deceased person. However, there is a time limit - You would have to start suing 6 months after the grant of representation has been extracted. This would be when the court gives someone the legal right to administer the estate. So once you have started the case within the time limit, you can sue the estate as per normal and claim all the things mentioned earlier.

In a situation where someone dies as a result of getting hit, the reverse is also possible:
[READ MORE: If a careless driver killed someone, can the victim's family sue for financial support?]
In the event the person who caused the accident didn't die but fell into a coma instead , you could still make a claim. While there are several ways this can be resolved, a more common scenario would be that the family may have to appoint a representative (usually also a family member) who will then hire a lawyer on behalf of the comatose driver.

Try not to get into an accident, but if you do...

In essence, we can see that the Malaysian court system is quite fair when it comes to compensating victims of a traffic accident. Victims are clearly able to get compensation for almost all expenses they incur due to the accident. This shows the court's effort to return victims to the position as if the accident never happened.

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5 things you can claim if you get into a traffic accident in Malaysia

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Civil,Traffic almost 4 years ago Arjun Usually when an accident happens, you'd end up doing one of two things - either making a police report and filing an insurance claim, or settling privately with the other driver. However, these usually only apply when the damage is to the car itself.

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Accidents Between Car and Motorcycle- 2019

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Accidents Between Car and Motorcycle- 2019