One day, while changing lanes after giving the signal, a motorcycle suddenly knocks on the side of your car. Looking at the dent in your car, you are filled with shock, anger and sadness, especially as you often hear that car drivers will always have to take the blame when accidents between cars and motorcycles happen.
They say that car drivers have to take the blame as motorcyclists are more vulnerable to dangers on the road. Besides, most motorcycles do not come with airbags as a safety feature. But here is the question: will car drivers be automatically at fault in accidents between cars and motorcycles?
Let us look into the issue through this article.
What should you do after an accident?
Before deciding who is right or wrong, find out what you need to do when you run into an accident:
- Perform an immediate assessment of the damage to your car. Contact your insurance company immediately if your car suffers serious damage that it requires towing service.
- Take pictures of your car, and the motorcycle involved and record information, including the plate number and road tax.
- Obtain the personal information of the motorcyclist including their full name, telephone number, and if possible, identity card number.
- Take your car to the nearest police station and make a report within 24 hours.
- Take your car to your insurance panel workshop.
- Prepare and submit the relevant documents to the insurance panel workshop for claims processing. Required documents include:
- Police report (original copy)
- Insurance policy
- Driver & policyholder’s identity card (copy)
- Driver & policyholder’s driving license (copy)
- Once everything is done, the workshop will take over the insurance claims and car repair process.
What if you are blamed?
If you are charged as guilty but are convinced that the motorcyclist in question is at fault, do not worry. You have the option of taking the matter to court. You can consult with your insurance company to get a lawyer or get involved in person.
If the accident is due to the motorcyclist’s negligence, the blame will fall on the motorcyclist entirely.
For example, you can refer to the case of Ali bin Saad v Toyibah bt Ahmad Nordin in 2017, reported by AskLegal. In that case, a car was hit by a motorcyclist from behind on a bridge in Alor Setar. Both parties made police reports but with their own version of it.
The motorcyclist reported that she was travelling on a straight road and that the car that was on her right made a sudden left turn. Meanwhile, the car driver said he was going straight and stopped when the vehicle in front of him stopped. That was when the motorcycle collided with his car.
There was no evidence to suggest that the car driver was changing lanes in the above case. Therefore, the motorcyclist was found to be entirely liable.
Can you claim your car damage against motorcycle insurance?
Many assume that they cannot make a car damage claim on motorcycle insurance. But you actually can. According to the Road Transport Act 1987, every motor vehicle that uses public roads in Malaysia must have at least third-party insurance.
Motorcycle third-party insurance covers damage to a third party’s vehicle or property in the event of an accident. It also protects the policyholder when liable for the injury or death of a third party.
As such, you can make a Third Party Property Damage Claim on the motorcycle insurance through the motorcycle insurance company.
How to make a Third Party Property Damage Claim
The following is a summary of how to make a Third Party Property Damage Claim:
- Send your car to an insurance panel workshop.
- Appoint an adjuster to assess the cost of damage to your car.
- Submit your claim to the motorcycle insurance company along with the following documents:
- Police report (original copy)
- Driver & policyholder’s identity card (copy)
- Driver & policyholder’s driving license (copy)
- Vehicle ownership certificate (copy)
- Adjuster’s report
- Bill of your car repair
- Pictures of accidents and damage to vehicles
- Police document stating that the party has been compounded for committing a traffic offence
Car drivers are not automatically at fault?
According to AskLegal, car drivers are not automatically wrong in accidents between cars and motorcycles. The Malaysian Highway Code, Section 10, outlines some basic rules on the road, such as being courteous:
The courteous motorist will show consideration to all other road users whether drivers, cyclists or pedestrians. He controls his temper and obeys traffic regulations. You must not allow the rudeness or stupidity of other road users to affect your own good manners, judgement and conduct while driving.
Under the Road Transport Act 1987, Section 68, the above code is enforceable by law and referred to in court.
Dangerous driving resulting in death
In addition, the Road Transport Act 1987 provides that if one drives dangerously and carelessly, resulting in death, the driver may be charged under Section 41. The driver can be summoned to court and sentenced to imprisonment of not less than 2 years but not more than 10 years and a fine of between RM5,000 to RM20,000. The driver’s driving license may also be suspended.
What if the dangerous driving did not cause death?
Section 42 provides for people who are guilty of driving recklessly and dangerously but not causing death. The offender can be imprisoned for not more than 5 years and fined not less than RM5,000, but not more than RM15,000.
Subsequent convictions will lead to longer prison sentences and heavier fines. Sections 43 and 44, respectively, provide for laws against persons found to be driving recklessly and driving under the influence (of drugs and/or alcohol).
Based on the above points, you can see that car drivers are not automatically at fault when they run into an accident with a motorcycle. The court will not simply favour motorcyclists just because of their vehicle type. Instead, the court will examine all available evidence in determining the guilty party.
Drive safely and know your rights
Every road user has rights as a user. Even though you drive a car, you will not automatically be at fault if you run into an accident with a motorcycle.
Please do not be afraid to take legal action, especially when you believe that you are innocent. Speak to the guilty party in an amicable manner and consult with your insurance company for legal assistance.
As a reminder, drive prudently, including maintaining a safe driving distance. Additionally, make sure your car or motorcycle has valid insurance and road tax at all times. If your insurance or road tax is about to expire, do not worry. Get free motorcycle or car insurance quotes and renew both online at Bjak in just 5 minutes.
Bjak is one of Malaysia’s biggest insurance comparison websites, offering policies from over 10 brands. Get your free insurance quote from Bjak today!
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