Injury during sports

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asked on May 20, 2023 at 19:32
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edited on May 20, 2023 at 19:47
by   goon yu
Hi, I was playing badminton and accidentally injured my partner, he went into hospital for treatment and now wants to claim full cost from me for the injury. Just to be clear, I have no intentions of hurting him or was i acting out of the norm in the badminton court. Now the he is asking me to pay full for his medical cost even though I think it's his fault(for walking into me) that this accident happened in the first place. He is also threatening to take legal action if i do not pay.
Legally do i need to pay compensation? (Compensation is around RM10k)
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5 Answers
answered on May 20, 2023 at 23:48
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(Compensation is around RM10k)

Did he buy medical insurance?
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answered on Jun 15, 2023 at 15:49
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edited Jun 15, 2023 at 15:49
by   goon yu
Hi jeff, yes the person actually claimed medical insurance for most of it. Some fees i believe the person might be paying out of own pocket. How does this affect? 
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answered on Jun 16, 2023 at 18:59
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edited Jun 16, 2023 at 19:04
by   jeff005
I think it's his fault(for walking into me)
If you are driving and a young student crosses the road in front of a school, so, knock the student down and claim that the student is at fault even if you are driving slowly?

It is not for you to judge but for the Court Judge to decide after viewing all necessary evidences.

How does this affect? 
the person actually claimed medical insurance for most of it.

It is by Insurance Laws that a claimant does not "profit" from insurance claims.

If he launches a lawsuit and is successful, the most he can claim is the out-patient charges (out of pocket expenses) which is not covered by insurance.

If he launches a lawsuit
This is strictly my personal comment & view...
People loves to sue one another for trivial matters (in Malaysia).
But..
What they do not know is how our MY Court Systems works.
The methodology of how to sue people based on evidences and the ROI (Court Awards) which is usually a token amount compared to the legal fees charged by their lawyers.

Of course, Legal Services loves such lawsuits. Every litigants and respondents will be paying thru their injured noses - legal fees in advance.

 (Compensation is around RM10k)
My personal opinion is that the starting fees would be RM5K (for your case).
If the lawsuit is contested, further evidences (medical specialists and sports specialists statements, VDOs (if any), witnesses (if any).. etc etc could cost another 3K (non-claimable). The only claimable costs are the out-patient treatment charges (not full amount).

Logic vs NO Logic
Only a very rich and/or vengeance seeking sports person may start such a lawsuit.

For your case @ goon yu
You have no choice but to have met /known such a friend /partner player.
It would be better to play bedminton at home.
Just wait for the lawyer letter and revert to this thread.

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answered on Jun 18, 2023 at 08:59
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answered on Jun 18, 2023 at 21:33
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