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Leased taxi stolen and destroyed - full compensation by driver?

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asked on Aug 18, 2016 at 00:08
by   terrian
Dear Lawyerment,

I have a friend who is a taxi driver. As of current, all taxi vehicles are leased from taxi companies regulated by SPAD. Recently, my friend drove a foreigner to the KLIA. He was using the meter. Upon arrival, this foreigner claims that he does not have money to pay. Upon hearing this, my friend went off into KLIA to report this incident to the police in KLIA. Without expecting the rider to leave the vehicle, he accidentally left the keys in the ignition. Unknowingly, while he was in KLIA, the customer drive off the vehicle. 

Subsequently, he found the vehicle in a ditch down a hill. The taxi company assessed it and told him that the vehicle is a total lost. However, he would still have to pay up to 6 years following the car leasing contract, amounting to more than RM160,000.

Is there any way to reduce this amount? Or was he treated fairly. As the TITP will be implemented soon, what would be the consequences to the amount that my friend has to pay? Is there a way out? Who can he seek consultation and assistance from?

Thank you in advance
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7 Answers

answered on Aug 18, 2016 at 01:39
by   vkpc
No problems here.
Just get a new taxi from insurance claims and continue the lease.
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answered on Aug 18, 2016 at 17:04
by   terrian
Dear vkpc,

Thank you for answering. However, my friend was told to pay up all (RM160k) for the total lost. Could there be any 3rd party agreement between my friend and taxi company that could prevent my friend from claiming insurances on the vehicle? Need to bear in mind that the vehicle belongs to the taxi company and not my friend. 

Or is there any situation that could prevent the taxi company from claiming insurance on the vehicle in this scenario. (perhaps because the perpetrator was my friend, who does not own the vehicle?).
Am trying to establish if the taxi company may have overlooked or ignored any clauses of general insurances.

Please advise.Thank you in advance
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answered on Aug 18, 2016 at 22:46
by   jeff005
Interesting topic

May I know the age of your friend?

Has your friend still have the full set of the lease agreement?

Suspect there is some hanky panky with the drafting of the Lease Agreement. Get a good lawyer to go thru that agreement.

Most of my taxi drivers friends are over 60 years old. Every morning i have Tea tarik with them.
All their advices to me is that buy your own second hand taxi, never buy new and rent daily/monthly licences from those taxi companies. There should be some secrets from this trade.
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answered on Aug 18, 2016 at 23:30
by   vkpc
Post the letter asking for RM160k here for checking.
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answered on Aug 20, 2016 at 15:26
by   terrian
Thank you for all your helpful answers. But, is there any possibility of getting the foreigner to pay for the damages?
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answered on Aug 20, 2016 at 16:31
by   jeff005
edited Aug 20, 2016 at 16:36
by   jeff005
But, is there any possibility of getting the foreigner to pay for the damages?
How to sue a foreigner?
This is theft
Possible wilful destruction of people's property
Jail term for him on two different charges under the Penal Code

If I were him, balik kampung tanam jagung
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answered on Aug 20, 2016 at 16:44
by   terrian
Thank you Jeff005 and vkpc... very helpful answers...
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