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aws“账号”(www.2km.me)_Motorists who insist they were dead right post-collision could end up dead

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I AM writing after viewing a video clip which showed a stationary BMW car very close to the divider of the Federal Highway on the side with five lanes. Parallel to it on the next lane was a Proton Gen 2 with the rear bumper broken after a rear-end collision.

The woman driver of the BMW recorded the video starting with the male driver of the Proton demanding for her identity card. They were standing between the guardrails serving as the divider.

When the woman replied that she would not hand over her MyKad, the man turned around, walked over to the BMW and grabbed the woman’s handbag from the driver’s seat. A younger man, probably his son, tried to stop him but failed

He then returned to his Proton, opened the front left door and threw in the handbag, all this while ignoring a passing Toyota Alphard that could have knocked him down or crashed into his wide-open car door.

When asked, he told the Toyota driver that he had to resort to such action as the woman had refused to give him her identity card. He then demanded that the woman go with him to the police station in his car and that the young man with him be seated at the back, which looked like a garbage dump.

The man then squeezed into the driver’s seat of his Proton via the left front door as his car was parked too close to the BMW. The young man had to crawl into the car from the rear left door as many things were strewn on the back seat and floor.

The video clip ended with the man releasing the handbrake to drive off while the young man was trying to close the left rear door which was held open by the woman demanding the return of her handbag.

Obviously, the man felt his actions were justified. But if the woman had rear-ended his car, she was only obliged to make a report at the traffic police station within 24 hours. She was not obliged to hand over her identity card or get into the man’s car.

It was up to her whether she preferred a private settlement without making a police report by offering a sum acceptable to the Proton driver or paying for the cost of repairs. She could also opt to pay a RM300 compound fine and lose her no claim discount for the motor insurance.

As for the Proton driver, his old Gen 2 is likely to be insured under third-party cover only. If he chooses to make a third-party claim from the BMW’s motor insurance company, the process is usually long and tedious, with the outcome uncertain.

For newer cars under comprehensive insurance cover, owners could easily have their cars repaired by claiming from their own insurance company without losing the no-claim discount under “own damage knock-for-knock” (OD-KFK), provided the other driver was at fault.

But many motorists tend to demand for cash compensation from the other driver, not knowing that it is up to the other party to opt for private settlement or make a police report. The former is recommended for minor collisions, as it is very inconvenient to make a policereport, which may take several trips to meet the investigation officer and collect necessary documents.

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