PIAM: Crash victims can sue party at fault if vehicle is uninsured


PETALING JAYA: Getting involved in accidents on the road can be a stressful and distressing experience.But what happens if you get into an accident with an uninsured vehicle?

Aside from being concerned over losing one’s No Claim Discount (NCD), one may wonder if any compensation can be claimed from the party at fault in such cases.

For accidents involving uninsured vehicles, the General Insurance Association of Malaysia (PIAM) says the aggrieved party may consider seeking legal compensation for any damage caused by the accident, even if the driver or registered owner of the vehicle does not have a valid road tax.

“You can sue them personally and hold them accountable for their actions,” it said in an email reply when contacted.

PIAM said it is also important to gather as much information as possible about the driver.

This includes the driver’s name and contact details, photocopies of the driver’s identity card and driving licence, photographs of the accident scene and a police report.

“This information will facilitate filing a lawsuit and claiming damages for the vehicle.

“Consulting (the matter) with a legal professional is recommended to guide you through the process of filing a lawsuit and pursuing compensation,” it said.

In the event that the insured suffers bodily injuries and the third-party vehicle at fault has no insurance, PIAM said they may submit a claim to the Motor Insurers’ Bureau (MIB).

“Subject to compliance with the terms and conditions, MIB may offer compensation at its discretion,” it said.

Apart from legal proceedings, PIAM said the aggrieved party may consider lodging a claim against their own comprehensive motor insurance policy.

“However, the NCD entitlement will be affected. It’s best to directly contact your insurer or insurance agent, intermediary or adviser for further details and guidance on the claim process,” it said.

PIAM also recommended users to choose the right motor insurance based on their risks and needs.

“Familiarise yourself with what to do in case of an accident or vehicle breakdown, including seeking roadside assistance directly from your insurer through the digital roadside solutions available through their web or mobile application.“Do note that the digital roadside assistance services may vary from one insurer to another.

“Hence, it is best to contact your insurer or insurance agent, intermediary or adviser for further information,” it said.

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