A.  IMMEDIATELY AFTER ACCIDENT

[1] Ensure you are safe

Be conscious of your surroundings. Take steps to prevent follow-on crashes. Ensure you are out of the way of oncoming vehicles from either side. Prevent you and other injured persons from being run over by later traffic.

[2]. Pull over in a safe place; warn other road users.

Pull over safely (if able). Stop the car. Turn off the engine. Turn on hazard lights to warn other road users.

[3]. Check for injuries.

Then check for injuries of other passengers.

Do not let anyone move you or the other injured persons. Allow only trained medical personnel to transport the victims. Well-meaning but untrained persons may worsen the injuries, and cause permanent damage.

[4]. Call an ambulance immediately [Call 999]

Give the best description of the place of the accident. Get the name and registration number of the ambulance personnel. It will be helpful later.

[5].  Call family or friends and tell them where you are and your situation

It is crucial to get word out quickly. Explain to them where you are, your current location, and your situation. Friends or family will send immediate help, especially if you are stranded.

[6]. Take photos and videos before moving your vehicle to the side
Collect important evidence.  Show the general position and layout of the cars.

This will assist in a later insurance claim.

Be discreet. Victims may not appreciate being photographed or videos shortly after the accident: especially if they are in pain: and they see you shooting videos instead of helping.

[7]. Contact police:

Call the police emergency line.

[8].  Do not apologise or admit fault. The law protects you even if you are 100% at fault!

Even if you are at fault, the law protects you. Read notes 15 and 16 below.

Leave it to the courts to decide that.

[9]. Observe and note everything carefully

Ask for the name of the driver of the other car. Find out how many people were in both vehicles. Note the make and colour of the vehicles involved, especially their respective registration numbers.

Note the names and phone numbers of the other parties to the accident.

Get hold of their car registration number, their driving licence number, and details of their insurance policy number, if you can. Note the colour of the clothing or any peculiar feature that is unusual about the persons involved in the accident.

Ask for and record the name, address, and contact number of the bystanders who witnessed. Look out for those who witnessed how the accident occurred.  Also, take down the details of those who came to the scene after the accident. That is, if you can get it, have the presence of the mind, and the parties are willing to help.

All this will be helpful at the trial.

[10]. Then, get your family to medical assistance immediately

Take all your X-rays and tests done. If one of you who witnessed the accident can walk and is not injured, get to the police station and lodge an immediate report.

[11]. Avoid unknown tow trucks and their operators

Do not fall for random operators or strangers offering towing services. Do not accept free offers of help to fix your vehicle.

Contact your insurance agent. Wait for your insurer to send a tow truck.

It is always a good idea to have the name of a trusted tow truck company with you at all times. And all emergency numbers. Keep the name of a tow operatory that services the area of your travel.

[12]. Lodge a police report within 24 hours. Be ready for a site visit

Expect the investigating officer to call you that day or the next day. He or she will take you to examine the site of the accident. He will l take photographs. It is at this time all your photos and videos will become useful.

B.  A DAY AFTER ACCIDENT

[13].  Write immediately to your insurer and your insurance agent

If you delay in informing the insurer you may not be protected. 

[14]. Write out a chronology, noting important details

Save the photos, videos, and any notes you made.

While your memory is still fresh, write out, in proper chronological order, all that has happened.

If possible, record an hour-by-hour account or a minute-by-minute account of all of what happened.

Then upload this information into a drive or the cloud to preserve it. A trial may occur months later. You may lose your phone, or accidentally delete the photos. So saving information is helpful.

Why is this necessary? A trial might take place years later. It is your memory that will help you either advance your case, as the injured plaintiff against the person who crashed into you, or help you defend yourself against someone who sues you.

Witnesses may die, leave town for work, or may be difficult to trace. In this way, protect yourself.

[15].  When you receive a letter of demand or a writ, inform your insurer immediately

This must be in writing, in case you need to prove it later. If you do not help the insurer, your insurer may not defend you later. So acting quickly is essential.

[16]. The law protects you, even if you are at fault.

Know your rights.

If you are the owner of the car, you will be named as the defendant. Do not be alarmed. It is normal. Under the policy, the insurer must defend you. The insurer will appoint lawyers. The insurer must pay for all the legal expenses and lawyers.

Even if you are 100% at fault, the insurance policy and the insurer must cover any loss you have caused to a victim. That is the law.¹Sec. 96. (1) reads :  ‘Duty of insurers to satisfy judgements against [you] in respect of third party risks: ‘If, after a certificate of insurance has been delivered … to [you, the car owner], judgement in respect of any such liability … is given against [you],… then …, the insurer shall, …, pay to the [accident victim] any sum payable in respect of the liability, including …costs and … interest …’.  Section 91. (3) reads:  ‘Requirements in respect of policies: ‘Notwithstanding anything in any written law, [your insurer] … shall be liable to indemnify [the accident victim] in respect of any liability which the policy … cover [s] …’

[17].  Do not let an unscrupulous adjuster force you to lie – it will get you into trouble

The insurer may appoint an Adjuster to conduct investigations. Be truthful.

An unscrupulous adjuster might try to ‘encourage’ you to lie in his adjuster report. He might ask you to file a second police report much after the accident. It may be months later: sometimes even years later. He will ask you to change your story in the second police report –  to the effect that you are not at fault. The adjuster’s purpose is to show that the accident occurred because of the victim’s fault. Do not fall for that trap. Do not get into trouble. Stick to the truth, and you will be all right.

Lying in a police report is punishable under, e.g. secs 177 and 182 of the Penal Code.: ² Section 177 of the Penal Code, reads: ‘Furnishing false information ‘Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with imprisonment for a term … [up] to 6 months or with fine which may extend to RM2,000.00 or with both; ….’. Section 182, Penal Code: reads: ‘False information, with intent to cause a public servant to use his lawful power to the injury of another person: ‘Whoever gives to any public servant any information orally or in writing which he knows or believes to be false, intending thereby to cause, …, such public servant to use the lawful power of such public servant [say, a policeman] …  or to do or omit anything which such public servant ought not to do or omit if the true state of facts …  were known by him, shall be punished with imprisonment for a term which may extend … [up] to 6 months or with fine which may extend to RM2,000.00 or with both.

Sometimes adjusters are known to threaten car owners in two ways.

First, he will say that the victim has sued you. Unless you lie, and report that it is not your fault, [or that you were not even there at the time (when in fact you were)], you must “personally pay millions” to the victim. This is an utter lie.

Even if you are 100% at fault, the insurer must cover you. Under the law, the insurer must pay the victim, and protect you. It is in sections 91(3) and 96(1) of the Road Transport Act 1987.³ Sec. 96. (1) reads:  ‘Duty of insurers to satisfy judgements against [you] in respect of third party risks: ‘If, after a certificate of insurance has been delivered … to [you, the car owner], judgement in respect of any such liability … is given against [you],… then …, the insurer shall, …, pay to the [accident victim] any sum payable in respect of the liability, including …costs and … interest …’.  Section 91. (3) reads:  ‘Requirements in respect of policies: ‘Notwithstanding anything in any written law, [your insurer] … shall be liable to indemnify [the accident victim] in respect of any liability which the policy … cover [s] …’ So do not let an insurance adjuster or an insurance lawyer mislead you. 

Second, the adjuster, in order to convince you to tell the story he concocts, will threaten you that the victim’s family is ‘looking for you’ to harm you.

Do not fall for that trap either. Make a police report straight away.

[18].  If you are the victim and a ‘tout’ or a ‘runner’ approaches you, do not be misled.

The same considerations in paragraphs [15] and [16] above, apply.

Choose your lawyer carefully. Check their reputation. Observe their professionalism. If in doubt, call the Bar Council and ask for clarification or advice. The Bar Council is always helpful.

Importantly, do not be a party to a fake claim.

Do not file any untrue police report.

Do not accept any money from touts.

Always be truthful. Your integrity will come in useful later, at trial.

[19]. If you are not sure, quietly seek the advice of your lawyer

The basis of the entire insurance industry and the laws regulating it are to protect vehicle owners like you.

So, get to know your rights. Protect yourself. Do not get misled.

I hope this helps.

[The author thanks Dato Noripah Kamso, Mr G Naidu, Ms KN Geetha, Mr, BM Thina, Miss TP Vaani, and JN Lheela for their assistance]