Can you make an insurance claim if your vehicle was involved in an accident while your driving licence had expired?
Read this article to learn more about this!
Many still drive with expired driving licence
The number of traffic offences – driving without valid licences committed in Malaysia has been constantly high.
For example, the majority of summonses issued by the Transport Road Department (JPJ) in Negeri Sembilan involved the offences of driving without licences or with expired licences.
Despite countless advocacies carried out by the authorities, it deems to have no effect as many still take the matter lightly. Some still drive without a valid licence and have zero knowledge of the possible consequences.
Penalties for driving without a valid license
Attention to all drivers and potential drivers!
You are liable for fines of RM300 if found driving without a license, according to section 26(1) of the Road Transport Act.
Parents or guardians who allow their underage children to drive a car or ride a motorcycle without a licence shall be held guilty under section 39(5) APJ for a fine of not less than RM2,000.
Meanwhile, those who drive without valid insurance are liable for penalties under section 90(2) APJ – fines not exceeding RM1,000 and the license can be suspended for 12 months if detained at roadblocks and found guilty.
Can you claim insurance if you get involved in an accident with an expired driving licence?
The punishments and fines given for the above offenses are aimed at curbing the rate of road accidents and ensuring that road users are more responsible towards themselves and others.
However, some may have committed the mistake unintentionally at times.
For example, you forgot to renew your driver’s license and unknowingly drive without a valid licence. Then, an accident occurs during the period that you are driving with an expired licence? What can you do? Can you make an insurance claim?
Continue reading this article for further explanations based on the two situations below:
1. Expired driving licence
Given situation:
Akmal has already possessed a licence since 5 years ago. Recently, Akmal was involved in a road crash, not knowing that his licence has expired. However, Akmal’s vehicle insurance and roadtax are still not expiring yet.
Based on the situation above, you need to understand:
- Akmal has a driving licence
- Akmal’s driving licence has expired when the accident takes place (let’s assume that Akmal forgot to renew his licence)
- Akmal’s car has valid insurance coverage
In this situation, Akmal is eligible to claim although his driving licence has already expired. Akmal’s insurer will not deny his claim as his vehicle insurance is valid.
According to the law, Akmal is still possessing a valid driving licence. It is just that Akmal ‘forgot’ to renew his licence.
However, Akmal can be compounded a fine of up to RM300, according to Section 26 (1) APJ.
2. Do not possess a driving licence
Given situation: Gambaran situasi:
Zack did not have a driver’s license and drove his father’s vehicle illegally. Unfortunately, he was involved in an accident. However, his father’s car has valid insurance coverage.
Based on the situation above, you need to understand:
- Zack did not have a driving licence
- Zack drove his father’s car and bumped into an accident
- His father’s car has valid insurance coverage
In this situation, the insurance company will not entertain any claim application if the accident involves a driver who does not have a licence. The owner has to cover the cost of their vehicle damage.
The vehicle owner will also be compounded for allowing those without a driving licence to drive their car.
Based on these two shared situations above, we conclude that:
- An individual is eligible to claim insurance for an accident although their licence has expired
- An individual is not eligible to claim insurance for an accident if their car was driven by someone who does not have a driving licence
Penalty rate for late renewal of driving license
To your knowledge, you have to pay a fine if you late renew your driving licence. Please refer to the table below for the fee amount.
Get a driving licence
Please make sure to renew your licence before the expiry date to avoid getting summonsed by the authorities for driving illegally.
Meanwhile, for those who are yet to have a driver’s license, make sure you get your licence in the first place. You will not only trouble yourself if you get caught, but you will also trouble the vehicle owner if anything happens.
Prices of driving licenses for cars and motorcycles
The followings are the estimated prices for motorcycle lincences and car licences.
Note: Please be careful and be sure not to get a ‘Lesen Terbang’ syndicate that is clearly wrong in law.
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