LETTER | Unwise for motorists to be confrontational after a collision
LETTERS | I am writing after viewing a 90-second video clip that showed a stationary BMW car very close to the divider of the Federal Highway. Parallel to it on the next lane was a Proton Gen 2 with the rear bumper ripped off after a rear-end collision.
The woman who had earlier driven the BMW recorded the video that begins with the male driver of the Gen 2 demanding her identity card. Both of them were standing in between the guardrails used as the highway divider.
When the woman replied that she would not hand over her MyKad, the man immediately turned around, walked to the BMW and grabbed her handbag from the driver’s seat.
LETTERS | I am writing after viewing a 90-second video clip that showed a stationary BMW car very close to the divider of the Federal Highway. Parallel to it on the next lane was a Proton Gen 2 with the rear bumper ripped off after a rear-end collision.
The woman who had earlier driven the BMW recorded the video that begins with the male driver of the Gen 2 demanding her identity card. Both of them were standing in between the guardrails used as the highway divider.
When the woman replied that she would not hand over her MyKad, the man immediately turned around, walked to the BMW and grabbed her handbag from the driver’s seat.
A younger man, probably his son, tried to stop him but in vain.
He then proceeded to his car, opened the front left door and threw in the handbag, all this while ignoring a passing Toyota Alphard that could have knocked him down or crashed into his wide open car door.
When asked, he told the Toyota driver that he had to resort to such action as the woman refused to give him her identity card. He then demanded that the woman go with him to the police station.
The man then squeezed into the driver’s seat of his Proton via the front left door as his car was parked too close to the BMW.
The video clip ended with the man releasing the handbrake and shifting the automatic transmission, ready to drive away his car with the young man trying to close the rear left door but was held open by the woman demanding for the return of her handbag.
The man must have felt his actions were justified. But if the woman had rear-ended his car, she was only obliged to make a report at the traffic police station within 24 hours. She was not obliged to hand over her identity card or get into the man’s car.
It was up to her whether she preferred a private settlement without making a police report by offering a sum acceptable to the Proton driver or paying for the cost of repairs. She could also opt to pay a compound fine and lose her no claim discount for the motor insurance.
Third-party claim
As for the Proton driver, his old Gen 2 is likely to be insured under third-party cover only. If he chooses to make a third-party claim from the BMW’s motor insurance company, the process is usually long and tedious, with the outcome uncertain.
For newer cars under comprehensive insurance cover, owners could easily have their cars repaired by claiming from their own insurance company without losing the no claim discount under “own damage knock-for-knock” (OD-KFK), provided the other driver was at fault.
But many motorists tend to demand cash compensation from the other driver, not knowing that it is up to the other party to opt for private settlement or make a police report. The former is recommended for minor collisions, as it is very inconvenient to make a police report, which may take several trips to meet the investigation officer and collect necessary documents.
However, if injuries are involved, a police report is a must as the injured may walk away from an accident only to die later from internal injuries. Without making a police report and notifying the insurance company, the driver will have to pay compensation from his pocket.
The car that I am currently driving has been involved in three collisions and not once was I angry with the other party who were at fault. Two of these involved other car drivers that did not have the means to pay for the repairs and were also driving old cars.
I made OD-KFK claims after lodging police reports and returning to the police station to obtain a copy of the report and sketch map. The tow trucks and workshops I chose were in the panel of the motor insurance company and repairs were completed within the shortest time.
As for the motorcyclist that damaged my right door mirror, his mother spoke to me on the phone that she wishes to settle privately. We went to the nearest authorised service workshop that quoted several hundred ringgit to replace the door mirror, which she duly paid.
About 40 years ago, I collided with a car illegally parked by the roadside. I chose not to swerve to the middle of the street as a motorcyclist was coming from the opposite direction, but it was too late to stop my car from crashing.
After a loud bang, the driver of the parked car quickly emerged from a nearby stall. After I told him the name of my motor insurance company, I promptly drove off as there was no need to talk or negotiate, because I was not prepared to offer any cash compensation.
Don't stop in the middle of traffic
But many people involved in collisions stop their cars at the scene of the accident and cause traffic congestions on both sides of the road or highway, regardless of whether the damaged vehicles were on the fast or middle lane or by the roadside.
When there is no death, vehicles involved in accidents should be driven off to a safe spot or towed away from the scene to prevent more accidents from happening, as many passing motorists tend to rubberneck and could rear-end the vehicles in front of them.
And here are some timely reminders for the readers. Should a vehicle collide with your car and the driver did not stop, all you should do is to remember the vehicle’s registration number and if possible, the model and colour. The approximate time and location can be established later.
There is no need to chase after the driver who would not stop unless forced to do so. While chasing, you are exposing yourself and other road users to great danger. Even if you have successfully stopped the fleeing driver, violence is likely to ensue in a heated argument.
Why turn a minor collision into a life-and-death high-speed chase followed by a hostile confrontation that may involve the use of a steering lock or hockey stick? Also, it is foolhardy to record an angry person for use as evidence later.
Although I had always been cool when involved in road accidents, I can be incensed when provoked such as the other driver demanding that I cough out cash on the spot as compensation and using the phone to record my response.
I may not hit the person or vehicle, but I would punch away or kick off the phone the person is holding without giving any warning. After a collision, one may take some photos to record the damage and position of the vehicles, but not to video record the other driver in his face.
Anyone demanding cash compensation on the spot can be charged for extortion. Grabbing the handbag from inside a car could be snatch theft or robbery in the presence of the victim. And no motorist is authorised to demand an identity card from another person, period.
Be safe rather than sorry
Finally, those who are quick to get off their vehicles after a rear-end collision are easy prey for car hijackers. While the driver is pretending to negotiate compensation, a passenger in the car that caused the fake accident could easily drive away from the victim’s car.
So, be streetwise and do not rely on reasoning or logic to handle road accidents as there could be more than meets the eye. If I were to be involved in a serious accident with a motorbike. I would not stay put even if it was not my fault.
I would rather be accused of hit-and-run than being severely assaulted or killed by bystanders that could easily turn into an angry mob upon witnessing the motorcyclist or pillion rider writhing in pain but not the moment of collision.
Motorists who regard themselves as brave souls may decide to hang around at the scene after an accident to insist that they were in the right may well end up dead. That is the price to pay for wanting to be dead right.
xYS CHAN is a tourism and transport consultant and writer.
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
