How To Settle A Minor Accident Between 2 Drivers
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.
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.
How if somebody knocked my car from behind, and i have a international driving licence? could i claim the insurance?
All cars have insurance. Irregardless if you have IDL or otherwise, you can claim the other party insurance.
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?
The case seems settled unless the motorcyclist decides to make a police report later on.
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
If it’s a minor accident, forget about it. Do be careful next time. Police report normally RM2.
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.
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.
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.
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.
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 ^-^
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.
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
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.
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.
In normal circumstances, a summons that has been issued cannot be withdrawn even if one party agrees to its withdrawal.
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
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.
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!
That’s the way the law is in Malaysia. In accidents, the police here are involved.
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
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.
Hi, I have a question, I have a minor accident today at damansara, i kissed a car bumper which cause his back stick reflexter drop. We come to a mutual agreement that i will pay once he get the price. Later he call me and ask for 1k to change his bumper and repaint his bumper as the internal clip break. FYI it just a very light kiss and my car (kancil) no scratch at all which his is storm. after some nego, he wanted for 500 but 500 is too much for just a reflexter. So i make a police report said i know ppl car without the car number and car model of the person, The police issue me of compound for reckless cause accident, which i do not agree as the person kissed i dont have any info about him in my report. so if i choose court hearing, will i win this case since there no subject that i kissed?
If you feel you’ve been unfairly penalised, you could of course opt for a court hearing. But you’ll must take into consideration pros and cons of such a thing.
What is the pros and con after the hearing?
By pros and cons, I mean going to court is always a hassle, time wasting and you may have to engage a lawyer to help you later on. Are you willing to go through all these?
Hi, good morning.
Thanks for providing such a forum for us to seek your advice.
Today, i was involved in a minor accident. I was driving on a lane, which is wide enough to cater for 2 cars, therefore people tend to cut the queue. That lane will eventually narrowed down to a size of 1 car per lane. I was initially following the car in front and we’re driving just a single row on that lane. Then a Viva came squeezing next to me, on my left. And that driver was quite aggressive. After the traffic light turn green, i followed the car in front and moved forward which i need to slight turn the car to the left due to the nature of the road bend. But that Viva has bumped to the rear left part of my car at the bumper. The car flashes it’s headlight at me but i did not stop as there was a heavy traffic congestion and its at a main road. I slowly drive forward (about 300 to 400 meter) until i reach an area when i place a signal to turn to a less congested area. But that car just drive straight pass me.
I’ve check my car and found that there are minor scratches (trade paint) and my bumper came off a little bit. And i am not sure about the other car because i could not have a clear look at the car. And i did not notice the car registration plate as well.
I have a few questions that need your advice.
1) Should i make a report since there is no agreement to settle the incident, without the car registration number? And i was told that the new system at the police station are not able to let you check who lodge a report against you unless you make a report first.
2) Who is more on the right and wrong side of this incident?
3) Will this accident considered as hit and run?
Your advice is highly appreciated.
Thanks.
As the incident appear minor, I feel you should forget about it and get on with life. However, be on the look out for developments which might crop up later.
I was involved in a minor car accident, it was partly my fault so the other party wishes to claim my insurance. However, what i want to know is if i do not wish to let the other party claim my insurance after filing a police report, will i still be able to do so?
The right to claim against your insurance belongs to the other party. Alternatively, you could opt to reimburse the party involved. Are you prepared to accept this?
I have recently gotten into an accident. A guy couldn’t brake in time and knocked into my car. We both know it was his fault. But the question now is..who has the right to choose the workshop? As I would like to bring my car to my own workshop which can guarantee original parts an workmanship which I trust. While he wants to take my car to his workshop which will enable him to save quite a sum. Therefore, I am skeptical over the originality of the parts. Hope you can advise who has the right to pick the workshop. Thanks.
To which workshop to take your car for repair is entirely up to you and the other party to decide. Settle it yourselves.
Hi to all, thanks for Cikgu yap advise.
I just want to find out what I can do. My car get banged by a drunker from behind, when I was waiting traffic light to turn green, yet is a minor accident, but it cost me to repair my car also. He refuse to pay me money cause keep saying he was pool and got nothing with drunker face, I have decide to make a police report in order to claim his car insurance. I have take a photo of hs car road tax, of course with his car number plate. I’m wondering, if case lie this is it claimable?
Thanks
The only thing you can do is to make a police report and then claim the other party’s insurance. Alternatively, try to contact the other party’s insurance to settle all claims.
Cikgu Yap I need your help i was a victim of hit and run. i was heading from Rawang to Sungai Buloh toll and the incident occurred at Sg. Buloh toll. we were queuing to pay the toll and the lorry in front of me reversed his vehicle and knocked my car even though I honked a few times. he just raised his hand and after he pays the toll the just ran off!!! in front of the toll there was a JPJ roadblock and I stopped there to seek their help but they said even if they try can catch the lorry they can only issue summon to the driver and they advised me to lodge a police report which I did. but the problem is the sergeant told me if the lorry driver didnt lodge a report within 24hrs and if JPJ has informed the company about the incident and yet they didn’t want to be responsible there is nothing much they can do and the police even said the lorry driver might blaming saying i’m the one that knocked his car.
my question is: is there anyway i can claim their insurance?because its not my fault to begin with and im just really frustrated with this situation its like its ok to hit someone’s else vehicle and all you have to do run away because our laws cannot hurt them?
please help. thanks
What the JPJ authority told you was correct. Whatever the consequences, if you have the lorry’s registration number, you should lodge a police report. After making the police report, take the trouble to locate the insurance company of the lorry involved. It is quite a hassle. But you’ll have to persevere with it if you want to achieve results. Finally, you can claim the lorry’s insurance company for damages.
The sergeant called me and he informed me that he has asked the driver to come to the station by 25.08.12 and if he did not show up he can only issue summons for not lodge the report within 24hrs. And he also mentioned it will be difficult for me to claim the lorry’s insurance as the driver didn’t show up and i dont have a photos at the scene. Is it true? but i do have witnesses will it help?
My brother has called the lorry company which the driver don’t want to admit at first but on the next day the boss agreed to settle for only RM100++ which is so much less than the actual cost which is more than rm1k but should i take the settlement or fight all the way?
It’s up to you whether to accept the amount offered or not. If not happy, engage a lawyer to fight out the case.
Hi cikgu.
I would like to ask, what if both party agrees to settle themselves and then suddenly 1 of them decides to make a report?
You have make a report too.
oh ok thank you cikgu yap.
On 15/8/12, a pajero knocked on my back bumper and my car bumper’s paint went off. He gave me his phone no. and asked me to give him the quote and he will pay for my repair work. I snapped his car number plate and left the scene. on 16/8/12, I asked for quotation from the paintshop nearby my office and called the pajero driver to inform the price. He promised me that he will bank in the repair cost to me on 17/8/12 before noon but never did. What can I do if it’s already over 24 hours after the incident? Can I still lodge a police report? Please advice.
Unfortunately, such things happen. Yes, you can still make a report even after 24 hours.
Hi Cikgu,
Thank u for creating this site up for those troubled like me.
I was driving on a narrow residential area road this morning which has no road marking to indicate the middle of the road when suddenly a car came out from a trunk road and bang into the right hand side of the car on the drivers side which heavily damaged the door.
the driver of the other car insisted that i was at fault for taking up the right side of that narrow road. i disputed with him that since i was driving on the main road n he was coming out of the trunk road he should have checked for traffic b4 he exited.
both of us agreed to let the traffic police decide who is at fault but they just took our statement n told us they could only contact us sometime after the raya holidays.
in ur opinion who do u think could be at fault here. me or the other driver? is a statement a proper police report? am i having any potential trouble ith the police?
thanks
Studying the situation carefully, it looks as if the person coming out from the side road appears wrong. I’m sure police will make an unbiased report.
Hi Cikgu,
When I was just turning out the car from a small road into the main road after waiting for a while at the small road junction, the car in front of me suddenly reversed and his car rear corner crashed into my car front bumper centre area. He knew he was wrong & apologized to me. He agreed to pay for the repair by sending to his recommended workshop. My question is can he still lodge a police report by saying the other way round that is I was wrong because I crashed into his back of his car?
In my opinion, yours is only a minor incident. Forget about it. You can only hope for the best nothing happens. However, if you are worried, you could opt to make a police report too.
He certainly could. Anyway, since he has agreed to reimburse you for the incident, wait for him to contact you. Should nothing happens, forget about it.
Cikgu
I bumped into a car rear recently and both of us agreed thet there was nothing and we left. However he later claimed that he will send me the bill for the “damage”. I asked that he show me the so called damage but he did not and later said he has made a police report. What can I do? Is he harrasing me?
Hello ,
Today at 1pm i got into an accident at a round about near Jln Tun Razak . I entered from 6 o’clock and stuck to the outer left lane . I wanted to exit at 12 o’clock so I kept driving . Just as I passed the 9 o’clock exit an Innova coming from the middle lane hit my car at right rear end as he wanted to exit at the 9 o’clock turning (since I entered at 6 o’clock) . My car suffered a dent and needed to be knocked back and repainted whereas the other driver’s car front bumpur suffered quite abit more damage . We both decided to lodge a police report . I’m just here wondering who was at fault ? The other driver said I was at fault as I was on the left lane and didn’t turn in at the 9 o’clock when I clearly didn’t show any signal of wanting to turn in . I was taught that to drive on roundabouts the lane I took could be used for left turning exit or can be used to go straight and exit at a 12 o’clock exit . I just don’t know if I was really in the wrong .
Studying the situation carefully, look as if Innova at fault hitting you on the back.
Hi , what is the rider without license hit my car can claim my insurances( third party insurances) for minor injury (nt addmited at hospital) ?
We do make police report , but the police feel that is my mistake.
can claim to my insurance even without license ?
Can i claim to their insurance ?
Let the police know about it. Also inform your insurance company too. Let them deal with it. Yes, you can claim the motorcycle insurance company regarding the accident.
Dear Cikgu Yap,
I bumped into a Toyota Rush bumper last week and did not have the chance to discuss with her. I pulled my car over to some place further ahead of the accident place but she did not follow. A week after I got to know that she filed a police report and I went to Police Traffic Dept to settle this issue. Lodged a report but the police officer recommended me to settle amicably with the lady owner. No summons issued to me for now, will the Sergeant issue me a summon later on?
You have done your duty as a driver. You cannot be expected to do more. In my opinion, you’ll have to wait for the other lady’s actions to see what she intends to do.
hi cikgu yap,
When i was almost finish turn out from the junction, there was a car behind me rush to my side and squeeze with me in the same lane. i was break to let him past, but he was purposely scratch my car before took over me, and flew away. This seems like road bully to me, so I lodged police report, but the police doesn’t seem like helping much, he even claimed that i’m the wrong side.
Anyway, the sergeant told me, report must be made within 24 hour, so in this case, the other driver didn’t make police report, so will the police summon him?
at the same time, will the police summon me as well?
how can i look for the justice on this?
can you provide me some advice?
thanks
If you have already made a police report, you have already done your duty. It’s up to the police to summon him. As to whether you’ll be fined by the police or otherwise, it’s up to the police too. Should you feel dissatisfied and want justice, you can always get a lawyer to pursue the matter further. Are you ready for such hassle?
Hi cikgu yap,
It’s almost 2weeks already, police didn’t give me a call, can the police ignore the case like that? what is the police procedure after we made report? Is there have certain time limit for them to settle the case?
At times, there’s no follow up by police. It’s up to them to take the necessary actions. No time limit for any case to be settled.
There is a car parked beside me on the roadside. So, I need to go out from my parking lot then I highlight her. She pretend to response. Then there is a car behind me go out so I follow to go as well. However, I kiss the car bumper a bit then war begins. She scolded me and I just kept quiet coz I know I m wrong. Then she also veey angry but I told her that I already signal her for my way out. To be frank, it is so minor scar on the.bumper and she still very angry. I ask her how to solbe this n she also quiet then I went off… do u think she will make a police report?
Since your incident appears to be a minor one, I feel the other party is unlikely to make a report.
Hi.
I was hit by a car from behind when she turned out from junction. She insisted that it was not her fault, so we both lodged police report. but the thing is that there is nothing in the police report (get it week after) indicate who is responsible for the accident. Since I didn’t receive any summons on the spot, so i supposed it should be that lady who get fined. I called her and she said she is busy to collect the report.
So what should i do now? should i wait that lady to contact me to proceed or should I contact insurance agent straight away to claim 3rd party? It is just a minor scratch on my back and thought that we can settled it without going through all the hassles.
If you still intend to pursue your insurance claim, you can continue on without waiting for the other party’s particulars.
Hi,
I hit the rear of a car today at a traffic light. The rear of that perrson’s car is fine with one small scratch. My car front slightly dented. We did not settle the accident ourselves and I told that if he wants to claim damages he should report to the police. What do you think will happen if I dont report? His car is really fine with one small scratch. Thanks
Minor scratches as explained by you are nothing to worry about. Get along with life. Don’t worry too much about it.
Hi,
Would like to ask if my car hit the dividers (car skidded and spanned 180 degrees because of puddle of water ) and had major damage, and I’m thinking of claiming insurance, would there be any problem if my P license expired (2 year probation ended) one week before?
After the accident during 6am, i went to JPJ to renew it at 8am and got a new license.
Also thinking of lodging police report as advised by insurance company, will i be penalised?
Kindly please advise.
Thanks
That your P has been converted to full license after the accident indicates everything seems to be all right. Go ahead and make a police report soon. Then you can claim your car’s insurance for damages which you deserve.
Thanks
This is my question
1) is it true you need to pay rm300 for traffic report under the pretext of causing accident ? Means one party must pay for it?
2) failure to make police report within 24 hours after another party reported, you will be summoned for gagal to make police report?
Thanks
Usually, the one held responsible for causing the accident is normally fined. Yes, one failing to make a report can be fined for it.
When I was just turning out the car from a small road into the main road after waiting for a while at the small road junction, the car in front of me suddenly reversed and his car rear corner crashed into my car front bumper centre area. He knew he was wrong & apologized to me. He claim he did not see my car. In actual fact by law is he at fault or I am deem to be wrong?
Technically, a vehicle that suddenly reverse into you is at fault. In my opinion, you have done no wrong.
Hi cikgu yap. I bang a myvi(white) and he took photo of my car plate n his back door. I promise to pay him back but after that he claim that his car need rm500 to fix everything like mudguard back door,paint and sensor. I checked the price it only cost rm250++ so I refuse to pay him full amount . Now he say he wan to report police but is after 24 hours from car accident ady. Will we get fine bcz report after 24 hours? Can he claim my insurance?
Unlikely police will fine you for reporting late. Yes, the other party can claim your car insurance.
A drunk driver hit my car’s rear at high speed and refused to admit it was his fault.
Instead, he put the blame on me because he claimed I made an illegal U-turn at double line. The fact he hit me at the rear-middle (instead of rear-right corner) proved I did not make a U-turn. However, the sergeant of Klang police station appears to be siding him in this matter (i smell strong buddy relationship there but sergeant obviously denies it).
Question is:
1) Am I really at fault even if they both decided their story is right?
2) Can I claim from his insurance company even if I did file him as drink-driving in the report?
3) What can I do to get my compensation for repair works?
Thanks!
The police decision is final and you have to abide by it. It’s not important if you are right or wrong. You can still claim the other party’s insurance for your damages that you sustained.
Hi cikgu yap,
Wanted to ask you, I been in a road accident whereby I was overtaking a lorry in front as my lane was merging into the right from 3 lane to 2 lane , I did put my signal indicator and i was at about 50-60km/hr before cutting. The car behind me was about 100m away the moment I started to cut out. As the person was speeding , maybe about 100km and did not slow down, she hit my car on right side of my rear . Who is in the fault in this manner? Thanks.
As you yourself stated you chose to overtake at a dangerous place, where three roads were merging into two. In my opinion, you have also failed to notice the speeding car behind you attempting to overtake you too. As to who is to be blamed, both parties are equally responsible.