Claiming against a Malaysian car in case of an accident

[1fast1]

I don't see why this is not possible.

 

Any foreign car entering Thailand also has to buy additional motor insurance for coverage in Thailand before entry.

 

Exactly what I was going to say!

[flashbang]

You may want to know that the law on motor accident is on "several and joint liability" basis.

 

So if the Malaysian insurer dun cover the passenger, it means the passenger will sue the Singapore car driver for 100% payment !!

That only works if the SG driver is at fault, right?

[RadX]

 

liability for passengers. Malaysia has no similar compulsory coverage provision.

Madam Zuraini Mohamed suffered severe head injuries when the car driven by her husband, Mr Iskandar Mohd Nuli, collided with a lorry on Mandai Road. She sued both her husband and lorry driver Ng Kar Sze in 2013, seeking damages in a Singapore High Court case due to start in May.

Meanwhile, the car's insurer, AmGeneral Insurance, sought a declaration of non-liability. But the KL High Court ruled AmGeneral was bound by a Singapore agreement to meet the passenger liability, despite the fact that the car owner did not pay premiums for the coverage.

 

 

AmGeneral, represented by Singapore lawyer Niru Pillai here and Malaysian counsel W. Davidson, appealed.

In that hearing, Mr Iskandar's lawyer, Mr Ariff Rozhan, pointed to the reciprocal arrangement between the Motor Insurers Bureau of Singapore(MIBS) and its Malaysian counterpart. This requires the MIBS to settle any judgment sum not paid by a driver of an uninsured Malaysian vehicle entering Singapore who is held liable for an accident here.

The appeals court acknowledged a 2013 Singapore High Court case which held a Malaysian insurer was obliged to settle despite the lack of insurance coverage. It was held that if the MIBS was obliged to pay under the agreement with its Malaysian counterpart, then it could claim from the insurer in the case.

But the Malaysian appeals court ruled that this was "not the issue in this appeal". The court made clear that the special agreement does not alter an insurer's rights under the policy and preserved AmGeneral's rights in Mr Iskandar's case.

Effectively, this means that even if AmGeneral pays the MIBS, it has the right to recover the sum from Mr Iskandar. The court added that Mr Iskandar's claim that he "had no knowledge of the policy's non-coverage" was immaterial, and that he must take the policy "with all its disadvantages from his point of view, together with its advantages, and he cannot claim the benefit of anything which the policy gives him without complying with its terms".

Mr Iskandar is currently seeking permission to appeal to the Malaysian Federal Court and a hearing is due next month.

• Mandatory cover

• In Singapore, it is compulsory for drivers to have motor insurance under the Motor Vehicles (Third-Party Risks and Compensation) Act.

  This insurance is sold under a private car policy, which includes three types of coverage:

  COMPREHENSIVE COVER

  This is bought by about 90 per cent of car owners here. It covers:

  •Death or injury to other parties

  •Damage to others' property, including public property

  •Damage to own vehicle

  THIRD-PARTY COVER

  •Death or injury to other parties

  •Damage to others' property, including public property

  ACT COVER

  •Death or injury to other parties

  •Passenger liability is covered under all these options under "Death or injury to other parties".

  SOURCE: GENERAL INSURANCE ASSOCIATION OF SINGAPORE (GIA)

It is understood that the Malaysian judgment means passengers or pillion riders injured on Malaysian-registered vehicles in Singapore will not be compensated for injuries by insurers if the vehicle is not covered for passenger liability.

Malaysian Judge of Appeal Vernon Ong, in the court's judgment grounds released in January, wrote: "The granting of the declaration will serve a useful purpose as it will be helpful to the parties and to the public."

It is understood that the Malaysian judgment means passengers or pillion riders injured on Malaysian-registered vehicles in Singapore will not be compensated for injuries by insurers if the vehicle is not covered for passenger liability.

 

A version of this article appeared in the print edition of The Straits Times on March 03, 2016, with the headline 'Malaysian cars in crashes here: Court rules on liability'. Print Edition | Subscribe

 

 

 

for goodness sake, kindly search in future...this has been mentioned to death.  consolidate ALL in one thread...

 

 

merged

[Sci10213]

That only works if the SG driver is at fault, right?

 

If I'm not wrong, as long as the SG driver is 1% liable, the claimant can request 100% payment to be made to him/her. The recovery/allocation of payment is only between SG driver insurance & other driver's insurance to settle themselves.

[Staff69]

 

deliverroo using malaysian motorcycle.

 

 

if got into accident can claim deliveroo

[kennick89]

Hi. I was driving my father's car and it was hit by a Malaysian truck last Thursday and the workshop is unable to claim from the third party insurance. The workshop is under the authorised list of workshop under my father's car insurance. They have advised me to fix the repairs on my own or claim my insurance. They also highlighted to me that my excess is over 4.4k and I told them that it will not make sense to claim my own insurance as my father has to pay higher insurance premium next year. I have asked them to send the quotation so I can decide whether to claim insurance or do a cash repair. 

 

I am not the policy holder of the insurance but the workshop submitted the claim to the insurance company and they carried out the repairs without informing me about the cost of repairs. My father did not sign on the insurance claim form even though the workshop highlighted that his signature will be required. I have repeatedly called and write an email to the workshop from last Friday till Tuesday and the lady was unable to provide a quotation of the repairs. By Wednesday, I decided to collect the car and send it to other places. But my car is undergoing repairs and it is 70/80% completed. Now the workshop is telling us to pay 4k without the insurance company involved. Does anyone has any experience like this?

[Char]

In the first place Malaysia registered shouldn't on our road since unable to claim if involve the accident!

[Leo72]

Hi. I was driving my father's car and it was hit by a Malaysian truck last Thursday and the workshop is unable to claim from the third party insurance. The workshop is under the authorised list of workshop under my father's car insurance. They have advised me to fix the repairs on my own or claim my insurance. They also highlighted to me that my excess is over 4.4k and I told them that it will not make sense to claim my own insurance as my father has to pay higher insurance premium next year. I have asked them to send the quotation so I can decide whether to claim insurance or do a cash repair. 

 

I am not the policy holder of the insurance but the workshop submitted the claim to the insurance company and they carried out the repairs without informing me about the cost of repairs. My father did not sign on the insurance claim form even though the workshop highlighted that his signature will be required. I have repeatedly called and write an email to the workshop from last Friday till Tuesday and the lady was unable to provide a quotation of the repairs. By Wednesday, I decided to collect the car and send it to other places. But my car is undergoing repairs and it is 70/80% completed. Now the workshop is telling us to pay 4k without the insurance company involved. Does anyone has any experience like this?

This WS is a rouge WS, complain to the insurance company and GIA and seek their help to bring down the cost of repair. Most WS charge a lot for repair if you don't know the WS well. If you go to other WS which you're familiar with, the cost can be much cheaper as they will also try to help you save the cost knowing that you're paying for the repair.

 

What you can do now is ask the WS to send you the detail quotation or complain to GIA / insurance company to get the WS to send you the detail quotation and get another 2 to 3 WS which you know well to quote (only provide them of what items / repair work being done - should not let them know the other WS price). Go down to the WS which carry out the repair and reason out with them. If they insist that you can only get your car after paying, pay first and go to small claim court to recover the difference between the quotation.

[Leo72]

In the first place Malaysia registered shouldn't on our road since unable to claim if involve the accident!

 

Is not cannot claim but difficult to claim. It had been like that since donkey years ago and our government don't bother to help the Singapore drivers at all. Technology now so advance, both countries should already have a system to check whereby the vehicles insurance coverage are valid or not and if not valid, simply deny their entry.

 

US and Canada actually require driver to provide the vehicle registration and proof of insurance coverage when driving across border. And why Singapore and Malaysia are not doing that? Asking driver to provide vehicle registration is to lookout for stolen vehicle and proof of insurance coverage is to ensure that third party can claim when accident happen.

[Leo72]

In the first place Malaysia registered shouldn't on our road since unable to claim if involve the accident!

 

Is not cannot claim but difficult to claim. It had been like that since donkey years ago and our government don't bother to help the Singapore drivers at all. Technology now so advance, both countries should already have a system to check whereby the vehicles insurance coverage are valid or not and if not valid, simply deny their entry.

 

US and Canada actually require driver to provide the vehicle registration and proof of insurance coverage when driving across border. And why Singapore and Malaysia are not doing that? Asking driver to provide vehicle registration is to lookout for stolen vehicle and proof of insurance coverage is to ensure that third party can claim when accident happen.

[inlinesix]

In the first place Malaysia registered shouldn't on our road since unable to claim if involve the accident!

 

Go & read your insurance policy.

 

There is a reciprocal agreement between Singapore and Peninsula Malaysia to cover each other on 3rd party liablity.

 

Want to comment also must intelligent abit.

 

[inlinesix]

Is not cannot claim but difficult to claim. It had been like that since donkey years ago and our government don't bother to help the Singapore drivers at all. Technology now so advance, both countries should already have a system to check whereby the vehicles insurance coverage are valid or not and if not valid, simply deny their entry.

 

US and Canada actually require driver to provide the vehicle registration and proof of insurance coverage when driving across border. And why Singapore and Malaysia are not doing that? Asking driver to provide vehicle registration is to lookout for stolen vehicle and proof of insurance coverage is to ensure that third party can claim when accident happen.

 

All Malaysia car entering Singapore requires registration at checkpoint unless cash card is able to make toll charge payment.

 

There is a reciprocal agreement between Singapore and Peninsula Malaysia on 3rd party liability.

 

What's lacking is a claims mechanism.

 

I would say it is Singapore regulator fault for not protecting our local motorist.

 

In Malaysia, regulator is pro consumer.  Any complaint to regulator will trigger a 14 days reply from insurer.

[Kengheng450]

Hi. I was driving my father's car and it was hit by a Malaysian truck last Thursday and the workshop is unable to claim from the third party insurance. The workshop is under the authorised list of workshop under my father's car insurance. They have advised me to fix the repairs on my own or claim my insurance. They also highlighted to me that my excess is over 4.4k and I told them that it will not make sense to claim my own insurance as my father has to pay higher insurance premium next year. I have asked them to send the quotation so I can decide whether to claim insurance or do a cash repair.

 

I am not the policy holder of the insurance but the workshop submitted the claim to the insurance company and they carried out the repairs without informing me about the cost of repairs. My father did not sign on the insurance claim form even though the workshop highlighted that his signature will be required. I have repeatedly called and write an email to the workshop from last Friday till Tuesday and the lady was unable to provide a quotation of the repairs. By Wednesday, I decided to collect the car and send it to other places. But my car is undergoing repairs and it is 70/80% completed. Now the workshop is telling us to pay 4k without the insurance company involved. Does anyone has any experience like this?

Definitely can claim but take donkey years for ws to claim the amount,as such ws will take short cut by asking you to settle first and let you to go claim yourself.

[Leo72]

All Malaysia car entering Singapore requires registration at checkpoint unless cash card is able to make toll charge payment.

 

There is a reciprocal agreement between Singapore and Peninsula Malaysia on 3rd party liability.

 

What's lacking is a claims mechanism.

 

I would say it is Singapore regulator fault for not protecting our local motorist.

 

In Malaysia, regulator is pro consumer.  Any complaint to regulator will trigger a 14 days reply from insurer.

The problem is that some Malaysian's vehicle got no valid insurance coverage for third party when driven into Singapore. So it's difficult to claim against them once they leave Singapore.

 

What you say about Singapore regulator fault for not protecting our local motorist is exactly the point I want to bring out.

 

Only when there is injury involve and Singapore police get involve, then the claim will be easier as firstly, the Singapore Police will do investigation to determine who's at fault and the driver particular of the Malaysian driver will be make available.

Edited June 1, 2017 by Leo72

[inlinesix]

The problem is that some Malaysian's vehicle got no valid insurance coverage for third party when driven into Singapore. So it's difficult to claim against them once they leave Singapore.

 

What you say about Singapore regulator fault for not protecting our local motorist is exactly the point I want to bring out.

 

Only when there is injury involve and Singapore police get involve, then the claim will be easier as firstly, the Singapore Police will do investigation to determine who's at fault and the driver particular of the Malaysian driver will be make available.

 

How do you know some Malaysia car got no valid insurance coverage?

 

If no valid insurance coverage, it means that either road tax has expired or fake road tax disc.

 

If this vehicle can enter Singapore, are you saying that LTA is sleeping on job?

 

On your last point, juz abuse the system.  If kenna bang by Malaysia car.  Call Ambulance!!!!!!!!!!!!!!

 

[Kengheng450]

Hi. I was driving my father's car and it was hit by a Malaysian truck last Thursday and the workshop is unable to claim from the third party insurance. The workshop is under the authorised list of workshop under my father's car insurance. They have advised me to fix the repairs on my own or claim my insurance. They also highlighted to me that my excess is over 4.4k and I told them that it will not make sense to claim my own insurance as my father has to pay higher insurance premium next year. I have asked them to send the quotation so I can decide whether to claim insurance or do a cash repair.

 

I am not the policy holder of the insurance but the workshop submitted the claim to the insurance company and they carried out the repairs without informing me about the cost of repairs. My father did not sign on the insurance claim form even though the workshop highlighted that his signature will be required. I have repeatedly called and write an email to the workshop from last Friday till Tuesday and the lady was unable to provide a quotation of the repairs. By Wednesday, I decided to collect the car and send it to other places. But my car is undergoing repairs and it is 70/80% completed. Now the workshop is telling us to pay 4k without the insurance company involved. Does anyone has any experience like this?

Accident involving foreign vehicle have to make police report first before you can claim insurance.

[kennick89]

Let's start a petition to raise this issue!

[inlinesix]

Don't waste with petition lah.

 

Govt rather waste resources to ensure that no foreigners in pink dot event.