FENDER BENDERS – these are common place given Malaysia’s gridlocked roads and lack of road etiquette among many motorists.
As such, the poser on X by Fitri, Ph.D in Fish Genetics (@drfitriyusof) on whether a car owner can claim for insurance company for damages caused by a motorcycle in a road mishap is timely.
Under Malaysian law, the Road Transport Act of 1987 mandates that every vehicle in Malaysia to have at least a Third-Party insurance coverage. Hence, a wronged motorist can make a claim from the motorcyclist’s insurance.
But it was pointed out that there is a bias favouring the lighter vehicle. It must be shown that the motorcyclist was 100% at fault.
Such claims are indeed possible as some commenters – speaking from experience – were successful in getting indemnified from insurers of the motorcyclists.
However, as is often the case, many motorcyclists do not have the necessary insurance coverage (not to mention license or road tax), prompting car owners to claim from their own insurance which led to their “NCD (no claim discount) getting burned”. This is the crux of the matter.
One commenter recounted his own experience involving a food delivery rider who did not have insurance coverage. He believes that under such circumstances, the courier companies should be liable as they should ensure that their riders are properly insured.
One netizen helpfully posted a link that provided a step-by-step guide on how to make such claims.
The site, bjak.my, goes on to list what must be done, starting with the all-important police report.
The claim is made through an insurance panel workshop which will process the claim.
The site also clarifies that car drivers are not automatically assumed to be at fault when involved with a fender bender with a two-wheeler.
There were many comments that it was not possible to make such claims but this was probably because of false assumptions or the proper procedure not being adhered to.
Fact of the matter is that too many motorcyclists lack the necessary insurance and road tax. This is what give rise to the problem.
While the law may state otherwise, the reality of the situation is another. – June 4, 2025
Main image credit: vpRider/YouYTube
