Charging an Underage Driver With No Driving License 1 Month After Accident  

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(@alsontann)
New Member
Joined:9 months  ago
Posts: 2
18/12/2017 10:37 pm  

Hi,

 

A month ago, on 10 November 2017, an underage driver with no valid driving license hit my car and caused an accident. I was able to get his IC number and details and went to the police station to report the accident. But, in the report, I have not mentioned this underage driver that was at fault. I also claimed my own insurance for the repairs. This is because the driver promised to compensate my loss after the repairs.

 

But, he did not live up the promise, and after many attempts trying to contact him and his family, I was not able to get my compensation. Therefore, I have decided to take action against this underage driver. But, the accident was a month ago, will it still be valid to file a report to the police now, and charge this underage driver? ]

My current insurance company is RHB Bank.

The car which hit me, its number plate is WXF8111.

Thanks.


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(@myeliteagency)
Trusted Member Agent
Joined:1 year  ago
Posts: 58
19/12/2017 8:33 am  
Posted by: alsontann

Hi,

 

A month ago, on 10 November 2017, an underage driver with no valid driving license hit my car and caused an accident. I was able to get his IC number and details and went to the police station to report the accident. But, in the report, I have not mentioned this underage driver that was at fault. I also claimed my own insurance for the repairs. This is because the driver promised to compensate my loss after the repairs.

 

But, he did not live up the promise, and after many attempts trying to contact him and his family, I was not able to get my compensation. Therefore, I have decided to take action against this underage driver. But, the accident was a month ago, will it still be valid to file a report to the police now, and charge this underage driver? ]

My current insurance company is RHB Bank.

The car which hit me, its number plate is WXF8111.

Thanks.

Hi, 

You did OD or KFK claim? Usually police will not entertained you if you want to file a traffic case after 24hours unless have bodily injury involved.  You do not need to concern if their party's car was drove by licensed or unlicensed driver. As long they have insurance, and police certified is their fault, you can claim against them and they have to pay the endorsement 2F Excess (unnamed driver, under-age driver...)

Maybe you can file civil report against them but you do not have any prove, only having the IC number itself is not sufficient to report against them for their dishonesty. Again, concern about the legal fees you have to pay.

Adeline


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(@admin)
Member Admin
Joined:1 year  ago
Posts: 17
19/12/2017 12:16 pm  

Hi Alson, 

Your question is a bit late, because your options are limited. But will give our best.  You cannot get compensated for your repair, because you already got it paid by your insurance company. The best action would have been to ask your insurance agent right after the accident. 

When you claimed against your own insurance company, what did the insurance company categorize your claim under. It would be important to know as above agent asked. OD stands for Own Damage. This means you file a claim as if it is your fault and you lose your Non-Claims Discount (NCD) during renewal. KFK stands for Knock for Knock. If your claim was under KFK, you have the chance that you still keep your NCD, because you do not say it is your fault. Each insurance company handles it differently. 

You could have claimed for repair directly from the other parties insurance company. However, since your car is already repaired by your own insurance company, you are not able to do so. You could pursuit the other party directly in a lawsuit for the lost NCD. But you might want to consider the legal cost vs. the benefit of your NCD. 

You can try negotiate with the other party to get your NCD back by mentioning that you will go to court otherwise. This might help to get justice, because you are not at fault. Check out this post recently, where it was successful.  https://forum.ibanding.com/car-motorcycle-insurance/3-way-accident-claim/

I hope it helps. We wis you good luck.


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