Car & Motorcycle Accident, Whose Fault Is It?

It can difficult to find out who is at fault in a car and motorcycle accident. There are a couple of important factors that could impact the verdict such as how fast each vehicle was moving, the road’s condition and laws. It is crucial that you understand how to handle yourself in this situation in order to protect your rights.

What Should You Do If You’re Uncertain Who’s at Fault in a Car-Motorcycle Accident?

Some or perhaps many might say that car drivers are always responsible for road accidents involving motorcycles because motorcycles are more vulnerable on the road and don’t have safety features such as airbags.

Before jumping to conclusions about who’s at fault, it’s important to take the necessary steps in the event of a car accident. To ensure that you are properly prepared:

1. Quickly assess any damage done to your vehicle;
2. If your car has sustained significant damage that requires a tow truck, reach out to your car insurance provider without delay;
3. Document the scene by taking photos of your car, the involved motorcycle, and capturing important details such as license plate numbers and road taxes;
4. Get the personal information of the motorcyclist, including their full name, phone number, and, if possible, ID card number;
5. Within 24 hours, bring your car to the nearest police station and file a report;
6. Take your car to the insurance company’s panel workshop for repairs;
7. To streamline the claims process, gather and submit the following required documents to the workshop:

• • A copy of the police report;
  • Insurance policy;
  • Copies of driver & policyholder’s identification;
  • Copies of driver & policyholder’s driving license;
  • Once all the steps have been taken, the workshop will handle the insurance claims and repair process on your behalf.

The answer to whether car drivers are automatically to blame in accidents between cars and motorcycles is not that simple. Let’s look at two main possibilities that you might encounter while you’re driving on the road:

1. Your Car Was Hit By the Motorcycle

Imagine you are driving down the road in your car, minding your own business, when all of a sudden, a motor crashes into you. In this situation, you don’t have to take the blame as it is not your fault.

The best thing you can do in this situation is to file an insurance claim with the motorcyclist’s insurance company. As you may know, the Road Transport Act of 1987 mandates that every vehicle in Malaysia to have at least Third Party insurance coverage. Hence, this is the most sensible action you can take.

How to Make Claim on Motorcycle Insurance?

By following these steps, you can make a car damage claim on motorcycle insurance:

1. Locate an insurance panel workshop and have your car assessed for damage;
2. Hire an adjuster to evaluate the cost of repairs needed for your car;
3. Prepare the necessary documentation and submit your claim to the motorcycle insurance company along with all relevant documents:
4. • A copy of the police report;
   • Copies of both the driver and policyholder’s identification cards;
   • Copies of both the driver and policyholder’s driving licenses;
   • A copy of the vehicle ownership certificate;
   • The adjuster’s report;
   • The repair bill for your car;
   • Photos documenting the accident and damage to both vehicles;
   • A police document indicating that the responsible party has been fined for committing a traffic violation.

2. Your Car Crash Into the Motorcycle

As the car driver, you should always be aware of your surroundings and make sure you don’t crash into another vehicle especially motorcycles. The reality is that in a car and motorcycle accident, it can often result in greater harm for motorcyclists.

Driving carelessly or under the influence of drugs or alcohol can have serious consequences. If you engage in these dangerous behaviors, you may face significant fines, penalties, and other legal repercussions.

The exact amount of the fine will depend on the specific offense committed, but it could be as high as RM300 or even more. In addition to the financial penalties, you may also face legal proceedings, license suspensions, and other consequences that can have a significant impact on your life.

To avoid these risks, it’s important to always drive responsibly and make sure you are not under the influence of any substances that could impair your ability to operate a vehicle safely.

Car and Motorcycle Accident: Protect Your Rights If You Are Falsely Accused

Do not panic or lose hope if you have been falsely accused in car-motorcycle accident. You have the option of seeking justice through the court. You can either handle the matter yourself or reach out to your insurance provider to ask for a lawyer. If you really believe that the other party is at fault, you should really pursue this matter in court.

However, if the amount involved is small, it may not be worth the hassle and cost of going to court. You may try to resolve the issue with the other party and come to an agreement on the damages.

If this is not possible, you can file a claim with your insurance company. Some insurance policies may cover legal fees up to RM2,000 with written consent from the insurer, and this applies to Comprehensive, Third Party Fire (TPF) and Third Party, Theft and Property Damage (TTPC) insurance types, depending on the coverage you have.

Hence, having a dashcam can be extremely beneficial in a situation like this. Dashcams provide an impartial record of what happened during the accident, which can be used as evidence in court or during insurance claims. Dashcams have the ability to capture critical details such as the speed and movements of both vehicles involved.

In conclusion, determining fault in a car and motorcycle accident requires a thorough investigation of the circumstances. Just because you’re in a car doesn’t mean you’re automatically at fault if you have an accident with a motorcycle.

Also, if you are looking for personal accident insurance  and the best car insurance in Malaysia, visit the Qoala website for more info. Compare prices and benefits from some of the best and most popular insurance companies in Malaysia with a simple, fast and safe process.