Car Accident - Insurance claim with uninsured vehicle  

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(@kal87)
New Member
Joined: 1 year ago
Posts: 2
11/12/2017 5:45 pm  

Hello Sir,

I just involve in car accident, my car has been hit by other car which he is totally his fault (verify by police). And the problem, his car are not cover by insurance (expired) and according to traffic i need to claim my own insurance. My question can i can legal action to this guy as i will lose my ncb if i claim my own insurance also other damage such i need to rental a car. 
 
Thanks

 


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(@myeliteagency)
Trusted Member Agent
Joined: 1 year ago
Posts: 58
12/12/2017 8:22 pm  

Hi there,

Sorry for coming late. 

MIB (Motor Insurers' Bureau) Malaysia can only handle third-party bodily injury claims caused by uninsured vehicles. You can notify MIB of your case but they will not handle if it's not third-party bodily injury. 

Of course you can sue against the party on your loss of NCD but your solicitor's fee might cost more than your NCD amount.

Alternatively, you can seek for PIAM's advice, because I am not sure if your case involved third-party bodily injury. 

All the best.

Adeline


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(@admin)
Member Admin
Joined: 1 year ago
Posts: 19
12/12/2017 10:38 pm  

Hi,

here are the options I see from my perspective. 

Option A) Claim against your own insurance

You claim against your own insurance company and lose NCD. 

Advantage: 

  • Car gets fixed quickly
  • You do not need to pay anything

Disadvantage: 

  • You will pay higher insurance the coming years, because you lose your NCD

 

You might get lucky that an insurance company will sue the other party on your behalf, because they want to recover the lost money from the other party. This is called "subrogation" in insurance terms. The insurance company has the right to sue the other party on behalf of you and gets pays if successful. Here your insurance agent might be able to help you get that with your insurance company. 

 

Option B) Sue for damages

You sue the other party for damages. This means you sue to get back the repair cost. You cannot sue for loss of NCD, because if the other party pays for the repair you will not lose your NCD.

Advantages:

  • you do not lose your NCD

Disadvantages: 

  • you will need to pay for your own repair upfront
  • there is no guarantee that the court will award you the full amount of your repair
  • there is no guarantee that the other party has the money to pay you
  • taking into account solicitor fee it is very likely that you will get less
  • it will take months until you get paid

 

Option C) Negotiate

Depending on how much your insurance and lost NCD is, you could just negotiate with the other party to pay you the lost NCD for one year, instead of going to court. This way you get something and the other party does not need to worry about the lawsuit. It can be a win-win. 

We wish you good luck in this unfortunate event. Please share with us what you decide. 


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(@strycher)
New Member
Joined: 1 year ago
Posts: 2
13/12/2017 10:53 am  

Totally agreed with the 2 replies above. I doubt MIB can do anything but no harm trying.


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(@kal87)
New Member
Joined: 1 year ago
Posts: 2
14/12/2017 6:09 pm  

Thanks for the advise. I have reach agreement with the other party, which is he agree to pay my loses on Insurance NCB.


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(@admin)
Member Admin
Joined: 1 year ago
Posts: 19
14/12/2017 7:47 pm  

This is awesome news. 


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(@bala1977)
Eminent Member
Joined: 1 year ago
Posts: 20
14/12/2017 9:55 pm  

Good to hear you two found an amicable agreement!

Be. Don't try to become. - Osho


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(@muhammadyazed)
Trusted Member Agent
Joined: 1 year ago
Posts: 93
15/12/2017 8:43 am  
Posted by: iBanding Support - Luke

Hi,

here are the options I see from my perspective. 

Option A) Claim against your own insurance

You claim against your own insurance company and lose NCD. 

Advantage: 

  • Car gets fixed quickly
  • You do not need to pay anything

Disadvantage: 

  • You will pay higher insurance the coming years, because you lose your NCD

 

You might get lucky that an insurance company will sue the other party on your behalf, because they want to recover the lost money from the other party. This is called "subrogation" in insurance terms. The insurance company has the right to sue the other party on behalf of you and gets pays if successful. Here your insurance agent might be able to help you get that with your insurance company. 

 

Option B) Sue for damages

You sue the other party for damages. This means you sue to get back the repair cost. You cannot sue for loss of NCD, because if the other party pays for the repair you will not lose your NCD.

Advantages:

  • you do not lose your NCD

Disadvantages: 

  • you will need to pay for your own repair upfront
  • there is no guarantee that the court will award you the full amount of your repair
  • there is no guarantee that the other party has the money to pay you
  • taking into account solicitor fee it is very likely that you will get less
  • it will take months until you get paid

 

Option C) Negotiate

Depending on how much your insurance and lost NCD is, you could just negotiate with the other party to pay you the lost NCD for one year, instead of going to court. This way you get something and the other party does not need to worry about the lawsuit. It can be a win-win. 

We wish you good luck in this unfortunate event. Please share with us what you decide. 

THIS IS OHSEM!

Muhammad
VMC Membership Takaful Advisor
http://vmcvip.wasap.my/


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(@michellebryant)
New Member
Joined: 1 year ago
Posts: 2
16/12/2017 6:08 pm  

This is a great news!

 

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