Traffic accident saman, I want to contest the saman

506 Views  ⚫  Asked 3 Years Ago
asked on Apr 14, 2018 at 09:19
edited on Apr 28, 2018 at 17:24
I was involved in an traffic accident late last year, a motorcycle that was speeding hit my car as I was making a legal turn. I was issued a saman as the police keputusan deemed I was blocking his way. However the motorbike report statement is very different from what actually happened.

Early this year, I received a letter from lawyer representing the motorbike, saying he would be filling claim for injuries to the rider. But the rider was not hurt in the accident, not even any bleeding and could walk fine, and I even asked him multiple times if he wanted me to take him to clinic or hospital and he said no need he was fine.

I turned up at court on the date mentioned on the saman, intending to explain my case to the judge, hoping he would cancel the saman, or at least saman the motorbike for speeding which was the actual cause of the accident. My name was called, I said not guilty. But was not allowed to speak, but told to come back with a lawyer on another date.

I asked a few lawyers at the court house that day, and contacted several from google search, but none seem interested to represent me. They all said, this kind of case why plead not guilty, just pay the saman and be done with it. They all said this was not their expertise, and if its a civil case to call them. A few mentioned that this should be handled by insurance company lawyer.

So went to insurance company, filled in the forms and explained the situation. The customer service lady said, don't worry for the court date you don't need to attend, the lawyer will contact you.

Nobody contacted me, I called insurance several times but no help. 2nd court date came by and I decided better not turn up without a lawyer, because I was told during first date not to appear without a lawyer. A week later, the police sergeant handling the case called me and asked why I didn't appear, I explained why, saying I was hoping the insurance had sent someone, but no one came and I was told now they have issued an arrest warrant for me. So better come for the next date otherwise the warrant will be upgraded to tanpa jaminan. Seargent said also, just pay the saman and be done with it.

I checked on MYEG, I can still pay the saman, but I worry if I pay is that an admission of guilt? And if I get sued later by motorbike, will that go against my case? I feel pretty confident I can at least argue 50/50 blame, as the speed limit for that junction is 60kmph but from the damage to the motorbike its obvious he was going much faster and skidded into my car at the junction and not as he claim bang into me as I was crossing and blocking his path. Additionally the police report photo of the motorbike was either taken before accident, or after repair because the bike looks brand new.

The court date is next month in May, but I was told I can come earlier with a lawyer. So can someone recommend what I should do next? Any lawyer can represent me for this case? Or can I just go myself and explain what happened to the judge without a lawyer?
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