How To Settle A Minor Accident Between 2 Drivers

Posted on January 28th, 2010

Crashing into the rear or the back of the vehicle is an offense. The law in Malaysia stipulates the driver responsible for the crash is the one who crashed into the car in front will be the one responsible.

Many drivers are not aware how 2 drivers can settle the above minor accident. Going to the police station nearby is always a hassle. It may take sometimes one or two hours.

What do drivers do when a minor accident occur?

Drivers involved in minor accidents can do 2 things. They can:

1) Settle the problem amicably among themselves.

2) Go to make a police report at the nearest police station.

Remember though, a police report has to be made within 24 hours. The driver responsible for the accident will normally be fined a minimum of RM300.

The driver responsible will also lose his N.C.B. or No Claims Bonus the year following. In short, his car insurance will therefore become more expensive. Meaning, he will have to pay more for his insurance.

Beside this, a driver is also advised to inform his insurance company regarding the accident within a week. Do not ignore this advice. Many insurance companies try ways and means to disclaim or not to take responsibility of the accidents.

So it’s best you inform your insurance company, no matter how busy you might be.

Firstly, we shall deal with the problem of settling the minor accident amongst drivers. After agreeing to the amount that’s payable, a simple but necessary agreement will have to be made. Even though you are in a busy traffic congested location, you actually have no alternative but to draw up a simple agreement.

An agreement may sound like the format given below. It you are an educated person, drawing up the agreement will pose no problem.

Re: Minor Accident Between Vehicle No.XXX 8888 and YYY 9999.

Place: Federal Highway                                Time: 2:30pm

The driver of vehicle No. XXX 8888, do hereby agree to pay driver YYY 9999 a sum of RM500 (Five Hundred Only) to settle a minor accident.

Signature,                                                          Signature,
Driver XXX 8888                                            Driver YYY 9999

Date xx January 2010.

Exchange phone numbers and license numbers if you feel necessary.

It is suggested that, as the one responsible for the accident, open up a paper file to keep this simple agreement. Add in a few other important details regarding the accident should you so desire.

And now, let us move on to the second manner in which we can settle the same problem. The 2nd way settle the minor accident is to obviously make a police report.

To do the above, you have to bring along your driving license and identification paper or MyKad. At the police station, you will be attended to by a corporal. The details of the accidents and your personal particulars will be recorded.

Next, you will be sent to meet a higher ranking officer. After a short inquiry, the officer will make a decision as to whether you are responsible or otherwise.

Should you be found responsible, the officer will then issue you a summons, normally a compound summons. You can pay up the summons within one month.

The next step, go down to the compounds of the police station to have a photograph taken of your damaged vehicle. Ideally, you are advised to get a copy (which cost RM2) of the police report a few days after.

Inform you insurance company regarding the accident as soon as possible.

As regards repairing your vehicle, see your insurance agent about it or he might even direct you to Persatuan Insurans Am Malaysia (P.I.A.M) or its authorized repair agents in town.

Hopefully this short article will be of assistance to those who are involved in some minor accidents.

22 Comments • Posted in Driving In Malaysia

Comments

  1. Cena

    How if somebody knocked my car from behind, and i have a international driving licence? could i claim the insurance?

    • Cikgu Yap

      All cars have insurance. Irregardless if you have IDL or otherwise, you can claim the other party insurance.

  2. Girl

    Thanks for the sharing.
    I had a minor accident with a motorcyclist. He fell down and had some surface injuries on hand and leg. I paid him and he had taken the money. But I didn’t draw an agreement with him to be signed. In such scenario, is the case considered settle?

    • Cikgu Yap

      The case seems settled unless the motorcyclist decides to make a police report later on.

  3. YM

    Thanks for ur sharing.
    How about if someone had hit my car but it was a minor one.
    He agreed to pay me after I repair my car but the problem now is the person disappear and did not pick up my calls.
    Can i report to police?
    And will I need to pay for the police report?
    Thank you

    • Cikgu Yap

      If it’s a minor accident, forget about it. Do be careful next time. Police report normally RM2.

  4. Low

    Need your advice. I had a minor accident. Both parties were reversing from the parking bays, at a two-way street(one lane each), and knocking each other at the corner of our bumpers. I was reversing following the direction of the lane closes to me; whereas the other party was reversing from the opposite side and crossing into lane at my side and hit me bump to bumper corners. Who stands a better chance of being ‘right’, given both of us not seeing each other when reversing. Appreciate your input.

    • Cikgu Yap

      The incident appears to be a minor problem. Looking at things, the other party seems to be more in the wrong. He has crossed into another person’s lane while reversing.

  5. YH

    Can I draw an agreement whereby I’ll pay to repair the vehicle I knocked (minor accident) if he/she sends in to my assigned workshop within 48 hours of the date and time of accident? If he/she does not repair within that period and in that assigned workshop, I’ll not take liability for it. Is this valid? Can he/she still make police report if has signed it but did not send in for repair as per agreed? I had a case where that guy agreed verbally and took the car to my workshop to check but last minute did not want to repair, then one week later his bumper dropped and blamed it on me to repair whole thing. I insisted to pay only the amount quoted initially (that time his car still ok, minor issue per my mechanic) but of course he did not accept so reported police.

    • Cikgu Yap

      Up to the other party whether to accept your terms or otherwise. If he/she decides to make a police report and make a claim against your insurance, nothing you can do. Fact that the other party refused to accept your initial offer meant he did not agree with what was offered.

  6. kw

    Hi , what is the rider without license hit my car ?
    We do make police report , but the police feel that is my mistake.

    Scenario is , i come our from the sides road , the rider “slide” my car and feel down.

    He can claim to my insurance even without license ?

    Can i claim to their insurance ?

    during the accident he is delivery for Mcd… this kind of company.

    Please advise ^-^

    • Cikgu Yap

      In any accident, police decides who is right or wrong. Whether he is entitled to insurance or not shouldn’t be your concern. You can make a claim against the other party by all means.

  7. Tiffany

    Need your advice.

    My car was knocked from behind by an Indian lady on 27/12/2011. I have made a police report. But the Indian lady did not do so. The police said they will issue a summon to her but until now, I yet received any statement stating that the third party’s fault. So, I can’t make KFK claim.

    What can I do next step? Pls advise.

    Thanks

    • Cikgu Yap

      Since you’ve already made a police report, there is nothing much you can do except keep your fingers crossed that the police do their work of summoning the Indian lady. However, with your police report, you can still continue to make a claim against the other party’s insurance. For this, you’ll have to get PIAM agent to assist you.

  8. ML

    First, thks for tis forum where we can seek ur advice.
    My question is:
    I was involved in a minor accident. Without getting into whose fault it is, I wud like to know if one party has aredi made a report n the other did not but has received a summon, can the file or case be dropped if the other party who filed agrees to it? If yes, how?
    Many thanks.

    • Cikgu Yap

      In normal circumstances, a summons that has been issued cannot be withdrawn even if one party agrees to its withdrawal.

  9. BK Tan

    First, thanks for this forum where we can seek your advice.
    My question is:
    I was involved in a minor accident on 18/01/2012. He drive a Honda CRV and agreed to pay me after I repair my car.I has call he to settle the case.But every time also said he is busy not free to come to my office. Then yesterday ask me to sms a/c no to him to bank in the repair cost. The problem now is the person now refused to paid and call up and say me crazy and did not pick up my calls.
    Can i report to police?
    And will I need to pay for the police report?
    Thank you

    • Cikgu Yap

      The manner in which you concluded the agreement with the other was totally wrong. In future, do remember such types of agreements should not be agreed on. Yes, you can still make a police report quickly.

  10. Expat in Malaysia

    Why do you get fined for hitting another car in an accident. That makes no sense… Which law has been broken? (Is there a law against accidents?)
    In civilized countries, the police is never involved in minor accidents. It is only a matter for Insurance Companies. But then again, Malaysia is just so ridiculous!

    • Cikgu Yap

      That’s the way the law is in Malaysia. In accidents, the police here are involved.

  11. K3ntroxas

    Hi cikgu Yap, one thing I don’t understand abt Malaysia law is that if a car being hit by a bike, its still the car fault (from what i heard) confused but why ??? its feel so unfair

    • Cikgu Yap

      It is incorrect to say that when a car is involved in an accident with a bike, it is the car which is at fault. It depends upon the situations. A motorbike can very well be in the wrong too. The law will decide who is right or who is wrong.

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