Car-Motorbike Accident Insurance Claim

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asked on Oct 3, 2009 at 00:04
by   sara_m_elle
edited on Mar 10, 2018 at 23:31
I was involved in an accident with a motorbike few days back. It was the fault of the motorcyclist, he knocked the side (front, right) of my car while trying to turn into a junction whilst I was on the main road.

After the shock from the accident, I got double shocks from my insurance agent and the police.  They were telling me that the motorcyclist can claim MEDICAL from my comprehensive insurance policy, although the accident occurred due to his fault!

Is this true?? and where is this law stated??

This is so ridiculous - this means I'd lose out on my NCB (55%) because of this motorcyclist who decides to knock my car that fateful day.. THROUGH NO FAULT OF MINE!

Kindly advise, thanks!
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9 Answers

answered on Nov 2, 2009 at 12:14
by   Cosmos
edited Mar 10, 2018 at 23:32
Have you informed your own insurance company of the accident? Did you lodge a police report of the accident soon after it occurred? If you did not you have placed yourself in a position to be compromised.
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answered on Mar 23, 2011 at 04:00
by   duckie
edited Mar 10, 2018 at 23:34
It does not matter whose fault it is. The motorcycle can still claim if he is injured. And yes, you will lose your No Claim Discount (NCD).
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answered on Mar 27, 2011 at 20:09
by   Shah
edited Mar 10, 2018 at 23:35
It looks like motorcyclist can knock any cars they like because they will not be blamed for any damage to any car knocked by them..
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answered on May 18, 2011 at 16:53
by   Unfortunate
edited Mar 10, 2018 at 23:38
Yes of course motorbike stands a better advantage no matter how is their condition. Meaning sympathy plays in the first place. Guess so they are protected even without any valid insurance or who is at fault in the first place. I just knew that few days ago, as I am in the same scenario.. Sob, sob.. Where is the justice?
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answered on Mar 1, 2012 at 21:47
by   Steve
Aside from the medical claim, can we claim from the motorcycle's insurance for my car damage?
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answered on Jun 22, 2012 at 19:57
by   Shah
edited Mar 10, 2018 at 23:45
I had the same accident two months ago! Yes to my surprise this is actually happening. My car is still at the workshop until today. I was hit by a reckless motorcyclist and had caused RM21,000 in repair! The motorcyclist was without insurance and license. I was left with RM21,000 in repairment, lost my NCD, 2 months without transport, and all the cost I have to bare which I can sum up to RM35,000 and he, the motorcyclist, gets away with just a RM600 summons!! So much for justice.
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answered on Feb 15, 2018 at 12:53
by   Samara
edited Mar 10, 2018 at 23:46
I have the same incidents this year 2018 and was furious about the outcome. Despite there are lot of rumours (without facts) saying that motorbike is always on the upper hand when it comes to this incidents which I find it ridiculous and do my own research on the road transportation act in Malaysia & PIAM insurance information. 

Police Investigation report is out and the summon is on the other party (Motorcyclist) and I wanted to claim his insurance and was told that the motorcyclist insurance is not able to cover my damage due to the premium. So I did some research and found this as below:-

Under this there are this phrase "Own Damage Knock-for-Knock Claim" which might able to help to out argue and save the costs out of pocket. Have anyone done this claim before? 

Besides is there any guidance from car driver facing the same problem? I would appreciate some help on this matter.
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answered on Feb 19, 2018 at 02:53
by   prdv
edited Mar 10, 2018 at 23:50
In this incident if there is no bodily injury to either party than both parties have only property damage losses. Bank Negara with PIAM under knock for knock, both parties claim from their respective insurance instead of suing each other and insurance stepping in to defend the claims.

Under knock for knock, your insurers will then claim from the other guys insurers as he was at fault but as motorcycle, I presume, only had 3rd party insurance cover, his insurer will lose out. Party not at fault will not lose NCD provided you informed your insurers of the accident ASAP via accident claim form. The Knock for Knock is between insurers. Your Own Damage claim is not affected by motorcycle only having 3rd Party insurance as long as you use your insurers panel mechanics and no breaches on your policy terms.
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answered on Feb 19, 2018 at 07:58
by   prdv
edited Mar 11, 2018 at 01:18
Please call your motor insurance agent for assistance on Own Damage Knock-for-Knock Claim (OD-KFK) as you have to get your insurance to deal with the other guys insurance.

Can you clarify why the motorcycle insurance premium does not cover your damage? Unless the motorcycle is not roadworthy and the premium was too high thus the guy was not fully covered for 3rd party risk then there is the Motor Insurance Pool whereby the unrisked portion is borne by all motor insurance companies under said pool. Clarify with your agent, workshop and/or lawyer.

There is something called the MMIP motor insurance pool but not sure if it extends to third party property damage loss or just 3rd party bodily injury only. Do it immediately as the repair has to be assessed by a loss adjusters. If the damage is
not extensive than you sue the other guy directly for the unrisked portion. If this is the case OD-KFK may not be available but a direct third party claim still is.
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