Car Accident But Not Your Fault – What To Do?

The following comment was posted by KC back in 28th February 2015.

It is a case of vehicle accident between his car and a few motorcycles.

KC claim the accident is not his fault.

But the motorcyclists are claiming it is his fault.

He wanted to know what he should do.

Vehicle accident between a car a 3 motorcycles

Dear Cikgu Yap,

I’ve read your blog post and all the comments carefully to see if I could glean advice for my current situation.

While I didn’t find an answer, I have definitely learned many things about Malaysian traffic law offences that were very useful. Thank you for that.

I would like to ask your advice on this situation:

I was driving alone on my way to work and caught in a traffic jam.

I was going straight and I stopped (in the right side lane) because of the traffic jam.

I was at the bottom of the Maju Jaya ramp.

A motorcycle then hits me in the back (the back left side of my back mirror, bumper, mudguard, back lights, trunk of car were dented and smashed), and two other motorcyclists hit the first motorcycle.

I came out and saw the motorcyclists, and people had stopped to help all of us.

I called the ambulance and the police.

The motorcyclists were injured and had broken bones.

I was then told to move my car to the left lane to avoid obstruction of traffic and I did so.

I then made my police report.

My problem now is that a week and a half later, I receive a letter saying that the two other motorcyclists claimed that I was changing lanes when I didn’t, in fact, change lanes.

There was another letter ordering me to appear before court or to have compound for ‘causing an accident’.

I went to the police station again and he advised me to pay the compound.

My offence was R6(2) CN166/59.

My concern is, if I were to pay the fine just so I can avoid hassle and get my car fixed/ claim insurance, would paying and signing the summons be an admission of guilt?

I want to avoid going to court at all costs because I don’t have that kind of money and I didn’t do anything wrong.

I’m trying to protect myself from any future legal action or claims these motorcyclists may make towards me.

I have heard many horror stories from friends and family about such a thing.

Would making a formal follow-up report to contest their testimony help at all?

Please help.

Thank you very much in advance.

My response to KC

If the other motor hit you from behind, then it is his fault.

You also said you made a police report.

The other 2 motorcyclists claim that you were changing lanes does not hold water.

Just ignore it.

The letter that asked you to attend court, if not a police summons or from other authorities such as JPJ, just ignore it.

Regarding the police compound, it’s advised you pay it up.

If you feel apprehensive, seek a lawyer’s assistance quickly.

By | 2017-04-25T21:15:57+08:00 April 23rd, 2017|Driving In Malaysia|0 Comments

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