How Do You Deal With A Minor Accident
My recent encounter in more than 35 years of driving experience suddenly dawned upon me how ill prepared I was to face an accident. There I was, a supposedly seasoned driving instructor facing the wrath of a gentleman and his wife, whose new [tag-tec]Honda Accord[/tag-tec] I had knocked into.
For the first time, I felt rather helpless when the minor accident occurred. And this was what let me to decide writing an article, especially for those new drivers who may not know exactly what to do. This episode will hopefully prepare you for an accident which might happen to you someday.
The minor accident happened behind Parkson in Jalan Meru, Klang. The day was hot. On that day, maybe, momentarily, I admit, I was slightly careless. At a junction, I came out a little bit too fast. Or maybe, the other guy shot across my path carelessly. Or again, maybe I was too slow. (Getting old I suppose). “Boom!”, I had hit a new Honda Accord on its side.
From the front door right up to the back door, there was a dent. And my Kancil, well, frankly, I hardly looked at it.
A shouting bout then ensued. An angry young man and his wife slighted. The young man was “furious”, accusing me of being a “lousy” instructor. Obviously, he had never heard of “accidents” before. Even Michael Schumacher, the world best Formula 1 driver has been involved in accidents before. Why not me?
Even admitting it was my mistake and that we settle the case amicably failed to pacify the other party.
My asking the young man to note down my Driving School particulars, car number, its logo etc. failed to be heeded.
The other party then demanded my business card, hand phone number, I/C number and “everything under the sun”. The scene now was like Hollywood, or was it Bollywood.
People were gathering around. The crowd was growing bigger. To cut the long story short, all the young man demands were turned down.
The only person who has the authority to see my particulars is the Police.
Now, what does one do in a minor accident such as the above:
1) Assess the damage.
2) At no time must you admit liability of the accident.
3) Like me, do not agree to provide deposit, I/C number, hand phone number etc. to the other party.
4) Best solution is suggest the accident be reported to the Balai Police. Let the insurance be responsible.
5) Unless you are willing to settle the case (for convenience sake), do not quote the amount of payment which you have agreed.
Do remember, accidents have to be made to the nearest Balai Polis in 24 hours. In my case, the young man wanted me to go to the Balai immediately. He refused to let me go off. He was acting tantamount to “detaining” me. This was wrong action. Only the Police can detain you.
In minor accidents such as mine, where no one is injured, you are permitted to leave the scene of accident. In short, please remember, do not try to detain the other party forcefully. He could get his lawyers to sue you.
What is the next process in any accidents then? Go to the Balai Polis.
At the Balai, we were promptly attended to by a couple of Corporals. Then we were directed to see a Sergeant. After a brief investigation, the Sergeant issued me a “Summon” which could be compounded within 1 month.
I was then asked to go down the Balai compound to have a photograph of my vehicle taken.
What does a person do in case of serious accidents? Briefly, we should remember:
1) Vehicles involved cannot be removed from place of accident.
2) Injured has to be attended to.
3) Wait for arrival of police to make investigation.
4) Photograph to be taken where necessary.
5) Police Report to be made within 24 hours.
After police reports have been lodged, a driver should remember to inform its Insurance Company regarding the accident as soon as possible.
If you have your own story of [tag-tec]minor car accident[/tag-tec], please feel free to share in the comment section below.
Recently, I have accident, with my bike & a car, the car hit be from the back, I suffered arm slightly dislocated and bruises, initially I have made report at police station. I was not so happy what the driver did to me. And all claim should made by drivers insurances,.. Can I sue the driver separately due to negligence that make me suffered the pains. Because the driver say is a small matter what arrogance manner. Due to Insurance company play the role of claiming. I may not recovered as before. Can I sue the driver until his pant drop….? Thanks
Dear Mike Lee,
As police report has been made, you can engage a lawyer to make further claims on the driver who knocked you.
Supply particulars such as car number, place of accident, time and Police report number to your legal counsel.
i was just involved in an accident with a bas pekerja yesterday…there were scratches on my car and no dent but he didnt even bother to look at his huge bas pekerja. so he merely said report to balai lah! claim insurance!
i asked : claim siapa punya insurance??
he : claim company
me : company siapa? comp A ka? (i point to the company name on his bus)
he : ya
and he just walked off…
then after much thinking i feel like not pursuing this matter as i can afford to repair the scratches on my car at my own expenses..waiting for the bus company to pay me back with their insurance would take eternity. so i decided not to lodge a police report after all.
but then people started telling me that even if im not in the wrong and if the other party went to make a police report and i didnt…i will be fined.
im not sure how true is this…and now im very worried. do you have any ideas?
From what I see, the accident is just a small problem. Your decision to repair your own car seems to be a sound decision. If you make a police report, you might end up being summoned RM300. I do not think the bus driver will make a police report over such a small matter. So do not worry.
Dear Cikgu Yap,
I read with interest your entry on ‘minor accident’ where you turn out of a junction and knocked into an on coming car and deemed as the offender.
I have a scenario whereby a car coming out of a lorong onto a three lane road was knocked by an oncoming car. Now the driver of car A coming out of the lorong said the road was clear meaning the oncoming cars were far enough at a safe distance for him to come out of the lorong. The driver then manouvered his car across the three lanes and was driving on the third lane in a parallel line to all the other cars. An oncoming car B that has been driving on the second lane suddenly knocked car A that was already travelling on the third lane. The damage on car A was at the back right side breaking two back lights and the bumper. Car B was seriously damaged on the front left side and had to be towed away. It seems the oncoming car has crossed from the second lane to the third lane and knocked the car on the third lane from behind. In this case, who is in the wrong?
Thank you for your comments.
From your explanation, it looks as if your B,, which knocked into car A from behind, would be at fault.
Hello Cikgu Yap,
Thank you for your comments. I had managed to gather two opposing views from different parties of interest.
The first view is that car A is at fault. They say that a car which came out of a lorong and got knocked by an oncoming car is always at fault. Even in this case where car A is already in parallel to the traffic flow and is directly hit from behind by car B.
The second view like yours is that, car B is at fault because it knocked car A from behind and there is no exception to this rule like whether car A has come out from a lorong or not.
Are there any rules and regulations book on how to actually ascertain who is at fault? I have read the JPJ’s Buku KPP but it doesnt tell how to determine this situation. What is your expert opinion on the above?
Thank you once again.
In any accident, there are 2 views to it. No one can determine who is right or wrong. It’s a matter of opinion. To come to a final conclusion, one actually has to be at the scene of the accident. Even then, as I said, the final answer is still an opinion only.
In regards to this kind of scenario, first view will be more favoured, as the vehicle which cames out from the small road/side road into the main road is required to make sure the road condition is clear and there is no on-coming vehicle before he/she turns into the main road. But for this case, if there is no witness available, a claim can be made, but definitely not on a 100% basis.
Dear Cikgu Yap, first of all, I’m a P holder and I almost got involved with a major accident today. It happened when a car in front of me suddenly stops at the green light (yes, until now I am still puzzled on why did he/she stops at the green light). So I decided to cut and realized there is another car coming way too fast. That car managed to brake and gave a good honking all the way. Now the thing is, am I in trouble? I’m still pretty shaken up on what just happened. Please help me Cikgu Yap. Please share your opinions on this matter. I’m very worried about my status as a P holder.
When approaching traffic junction, you should ideally slow down. Your right foot should be resting on the brakes, to apply brake in any eventuality. I’m sure you must be badly shaken. As no accident happened, nothing will happen to your”P”. Do be careful next time.
Dear Cikgu Yap,
I have involved in an car accident and I hope you can advice me on what should I do.
The incident happened when i was trying to reverse my car. That time I was trying to park my car but i had driven pass the parking space. So, i just reversed my car a little bit, so that i got enough space to move my car inside the parking space. Before i reversed, I saw the rear minor and I noticed that the car behind me was still far away. So i just reversed my car. After a few second, i heard “boom”, accident happened. Before the “boom”, my car’s sensor rang less than 1 second. I don’t know whether that driver purposely let his car knocked by my car or he moved forward purposely when i was reversing. I didn’t know because I didn’t look at the rear minor during the reversing process.
So, in my case, what should I do? and what is at fault?
Unfortunately, you are at fault. Settle the incident that you caused. Be careful next time.
recently, i just had a accident in campus. it was involved with my car and a motorbycle. this accident happened in a T-junction and i was on my way to my right-hand side and the motorbcycle suddenly came to my right-hand side and “he” turned left side and the accident just happened like that… my car, driver side was damaged,which are side-mirror spoiled, door dented and tyre was cut and punctured. the motorbycle was damaged too, which were the side mirror and brake paddle was bent. and one more, he did not wear helmet.. his sufferred minor cut on his right leg and hand.
while i was making a report, and i asked the police if i needed to report the other was very fast that he was speeding and he said that speeding is another case, which did not relate to the accident.. in addition, i was fined for 300 bulks and the other was not getting any fine… is my fine fair to me according to the condition….??? thx you….
The decision to fine which driver involved in an accident rests with the police officer.
but the officer has not witness the actual scene and how he could know who is right or wrong?…..
A police office in charge of traffic is trained and experienced in law. Through the police report, he should be able to come to a conclusion as which party is wrong.
Teacher Yap, does it means not matter what accidents happened, just directly call the police and let them handle? Don’t listen to those stranger offer?
Both parties should try and settle an accident. Finally, go to the police station and make a report.
Dear cikgu yap,
i just involved in a minor accident yesterday.
the road was narrow and i couldn’t go through.
so i request the driver park at the side of the road move forward to let me go through.
then he suddely reverse his car and hit my passenger’s door.
he refuse to compensate me and ask to to make report if i want.
i am thinking it was just a minor knock..i can absorb the repair cost myself..
should i go to make a police report?will i in trouble if i do not do so?
hope cikgu yap can advice me as soon as possible as the police report must make within 24 hours. thank you.
Since it’s a minor accident, repair it yourself. No report required.
True, minor accident is no report required, but sometimes is all about the feeling of indignation.
This evening i had a minor accident too, i’m the oncoming car, a car came up from a U-turn and suddenly hit my back. she didn’t intend to stop the car no matter how i honked her, and i chased her all the way to her home(fortunately i familiar with her place). finally…….
I: don’t u know how to stop your car after accident happen?
she: i have no place to stop my car…
I: well, how to settle it now?
she: that’s not my fault, i just go straight!
I: aunty! It’s you come up from the u-turn and hit my back suddenly…
she: don’t you see i’m a ‘P’
I: then i will report to the police in this case.
(she call somebody, told him i chase her all the way, blah blah blah…)
she: u just go lah!
Yea.. my car’s back has a dent, some scratches and bumper slightly down, it’s a small problem, but how can i possibly hold back my anger at the barbarian like this?
at the end, i chilled out, decided not to report police, put the curse on that barbarian, post my feeling here, and let it go……………..
It is sad you have encountered a bad experience indeed.
I had a minor accident recently. The case is like this: My father was driving and while reversing the car (i was sitting next to him), he and i didn’t notice there was a car behind us. The car simple park there in the left lane where supposedly she cannot park there…. The driver (She) was parking there for a while as she waited for her son to buy something.
so we didn’t notice the car was behind us.. as it was not moving. and my father reverse the car carefully and yet he hit her car door (the drivers sit.)
She later asked us how we wanna settle this. i then told her after she send her car for repair , just inform us how much we have to pay for her repair.
But i felt she also have responsibility over this minor accident as she was parking not according to the law (simply park at the road where there are plenty of parking space instead she park there blocking the left lane)
There are plenty of parking space next to both lane.
so i argued with her, i told her that she wasn’t suppose to park there as it in the middle of the left lane.. while we reversing from the parking space next to the right lane would be able to reverse.
She then said she has her signal on…still to me , she was parking not according to the law…
To settle things faster, we both exchanged our contact number and ic number. she will contact me after the repair.
Cikgu Yap, in your opinion. are we the one who should be paying for the repair OR she should be paying as she simply park there …
Who is the one that should be taking the responsibility?
I I I I I I I I I I
I I I IC2 I I I I I I
Above is the rough description about the whole incident..
C1 represents the car we hit….
C2 represents our car…. we was in the parking lot.. while C1 was parking in the middle of the left lane and next to the parking space on the other side..
We were reversing and suddenly the back of our car hit the door of the driver’s seat…
After studying your case carefully, it is my opinion that the driver reversing should do so carefully and not crash into any car. No doubt the lady who was parked on the left lane was not supposed to be where she was, this onus is on your father to ensure due care that no accident should occur. As such, it is my opinion that unfortunately that your dad bear the responsibility.
Thank you for the advices, Cikgu Yap
Despite the fact that my father is a competent driver for almost 40years..still, he makes mistakes and was’nt careful enough .
Yup, i will always remember to be very careful as well when i drive.
Thanks and Regards
Hi Cikgu Yap,
May i know if one who is wrong and caused a road accident(no fatalities) and did not report it to the police, what would happen? And the other party reported it to the police.
All accidents should ideally be reported to the police station. Unless it is internally settled. It is up to the police authorities whether or not to take follow up actions.
Hi Cikgu Yap,
I just got a new car and unfortunately got banged by a motorbike. I made a police report and the biker did not.
My question is if i make an insurance claim on my new car insurance NCB 0% and after completing the process, can I still transfer my old car NCB 45% to my new car without losing the 45% discount?
After 1 year insurance coverage for your new car ends, transfer your old car NCB 45% to your new vehicle.
Hi Cikgu Yap,
I recently got into a minor car accident and would like your opinion.
This happened in a private car park.
I was the driver, and had my sister in the car with me at that time. I checked my side mirrors, rear mirror as well as blind spots and released the brake to reverse out of my car park spot. Just as I turned my head back to see if my car was protruding enough to turn my steering wheel, a car from my left crashed into my back (potential back of the car as i was still reversing out straight).
I told her it was her fault that she crashed into me from behind. However, she claimed that it is not her fault as I did not look carefully before coming out. She also claimed that she tried to swerve her car to avoid mine but still knocked into mine. It is rather minor as there were only scratches on both cars although mine was more serious as the paint had chipped off.
When asked if she saw us, she said she knew there were people in the car but that she didnt know if we were moving or not. And when she saw us she could not brake in time.
We argued that if she had not been speeding, she would have been able to stop in time, and the fact that i did not see her car at all means she was too far down the aisle for me to see, especially with car blocking from the sides, thus we assumed she was speeding on her park.
She also said that we were at fault for reversing too fast. Mind you, my leg was on the brake at all times(fully released but on the peddle to step for emergencies), if i had been fast, our cars would not have left only scratches but would have had dents, even the slightest.
The campus security came to investigate, and when he asked if she had attempted to brake or honk, she said no. She said she assumed we saw her and was going to brake. His verdict was that she was at fault as she was aware of our presence while we were not. And that it was a car park, hence slow speed was expected in cases like this when someone reverses, or if someone was looking for a parking)
We then tried to settle this case by ourselves, I got her dad’s contact and he asked for my account of the story as well by email (as they are from another state). He got back to me the next day and said he had asked relevant authorities and car mechanics, which they said i was at fault, firstly because his daughter had the right of way, and secondly I did not check carefully and lastly that the campus police may not have taken all the proper considerations.
After which he said his daughter was not at fault and also asked me to compensate for their scratches as well.
I have researched on the road transport act in which Road Transport Act 333 Part 2 section 43 mentions that “(1) A person who drives a motor vehicle on a road without due care and attention or without reasonable consideration for
other persons using the road shall be guilty of an offence”
I strongly feel I was not at fault as I had taken all the necessary, reasonable precautions and care while reversing and that she had been without reasonable consideration and falsely assuming I’d stop.
However, I may be wrong and therefore, humbly asks for your honest opinion.
Thank you very much.
Oh and another thing is that her dad claimed that the whole person-who-hits-from-behind-is-at-fault rule was not applicable as it was her right of way. However, I understand that there are slightly different rules for car park scenarios as they are not on the road. I was unable to find any official documentation on car park rules and hence am turning to you for advice.
Thank you =)
In accidents such as your, both parties will not admit their mistakes. The only way out is to make a police report and let them do the arbitration.
Cikgu Yap, I am a P license driver. I’ve got into an accident where there’s only scratches on the cars. I paid a ganti rugi to the other driver as it was my fault. ALthough I paid him, he seems unsatisfied,(he was the one who want me to pay RM100) he even mention to report to the police(he claims to be mute and deaf). Just in case h’d really report to the police,what should I do? Will my license be suspended?What will happen then?
As your case has been mutually settled, there’s not much you can do if the other party decided to make a report later. A minor accident will nor cause your P to be suspended. Do not unduly worried.
Need your opinion over a minor accident i got involved this evening. I was driving on single lane street & was making a left turn when a motorcycle rider rams into my rear left passenger door. I finished my turn into the left junction as the guy fell off his bike, suffering cuts & bruises. I did not aware that he was on my left & unsure if i’ve signal to make a left turn – which he claimed i didnt.
I picked him up & sent to a nearby clinic but refuse to take responsibility for the accident as he was riding on my left possibly try to cut thru. I was mad even at first & wanted him to pay for my car damage, but felt sorry with his condition. Am i right in maintaining my innocent in this case. Thanks.
In my opinion, a driver who intends to make a left turn should make sure that there are no vehicles, especially motorcycles, on the left hand side. From experiences, the police will normally fault the car driver for accidents such as yours. What you have done is indeed correct (sending the motorcyclist to a clinic). Not demanding that the motorcyclist reimburse you for the accident is indeed noble. Whether you’re willing to bear the responsibility of the accident is entirely left to you.
I had met an minor accident during traffic jam which I accidentally scratch his car . Then he came out from his car and came to my side and take away my IC and say if i didnt pay him $$ he will report police. What should I do in this situation? thanks…
If you have the registration number of the driver who took your IC forcefully, then I would advise you to make a police report immediately. Furthermore, forcing anyone to pay for damages in an accident is against the law.
ok , thank you
Then if minor accident happen , report police better or settle ourselves better?
In minor incidences, settle it amongst drivers amicably. If you go to the police station, one or even both the drivers may be fined a sum of RM300.
Ok, thanks for your advice ~ Cikgu Yap
Hi Cikgu Yap,
My friend had involved in an accident recently. The time he turning his car to right to enter another road at T-junction. But he didn’t noticed a car was came straight with very fast speed. he unable to stop his car and accident was happened. in this accident, both cars had some damage, but both party just seem like no injured.
After that, he went to the police station to make report. police had decided as he fault in this accident.
The victim will claim the the vehicle damage to my friend’s insurance company.
besides that, the victim also want my friend to pay him for the medical check up fee, fee to hire car due to repairing of his car may take few weeks, and also the market value of the victim car will drop after the accident since his car is new (about 6 months) and the car never encounter accident before. the victim said if my friend don’t want pay his losses, he will ask a lawyer to sue my friend.
What should my friend to do? Is the losses should pay by the insurance company or my friend, or no need to pay ?
Please give your advice.
Your accident is now a police case. Let the insurance deal with the claims. Ignore all claims put forward by the other party. Let him get a lawyer to sue you if he so intends. Do not be intimidated. The insurance company will be your protection.
Ni hao Yap Laoshi.
I commit into minor accident this morning.
So I’d like to seek your opinion.
(pls refer to my illustration: http://i.imgur.com/0NfOw.jpg )
so basically the blue is my car, the red is the person’s car.
i came out from 6’o, threw signal after i passed the entry at my left (so now i am at the point as illustrated)
then got this one car trying to exit his junction in front of me,
he then slows down as he sees me want to enter the 12’o.
but when my car just besides his car, he goes further.
so my back left door collides with his front right light.
my door got dents and scratches while his light was broken.
do u think who’s at fault?
bcs afaik, one should give way to the person in the roundabout first.
n then, i think to just “settle” and no need to lodge police report.
however i afraid if he backstab and he go make report.
bcs the 24 hour almost over.
will i be fined?
p.s: pardon my english ;p
According to your diagram, it appears as if the red car is at fault. In small accidents, it’s better to settle amicably. Hopefully, both parties will honour their words. If you make a police report, most unlikely you will be fined. But then, you can never know for sure. It’s all up to the police actually.
Hi Mr. Yap, I was involved in a minor accident last week where a car bang mine from behind. Upon knowing that I’ve reported to the police, that woman went missing in action. The sarjan in charge said if she doesnt come and give her statement, there is nothing he can do other than sending her a saman. And i would not be able to claim from her insurance. Is there anything that i can do?
You can claim your own car insurance.