I am writing after viewing a 90-second video clip which showed a stationary BMW car parked very close to the divider of the Federal Highway on the side with five lanes. Parallel to it, on the next lane, was a Proton Gen 2 with the rear bumper broken off after a rear end collision.
A woman who had earlier driven the BMW started recording a video when a male driver of the Proton car demanded for her identity card while they were standing in between the highway dividers.
When the woman replied that she would not hand over her MyKad, the man immediately turned around, walked to the BMW and grabbed the woman’s handbag from the driver’s seat, while a younger man, probably his son, tried to unsuccessfully stop him.
He then proceeded to his Proton, 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 opened 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 and the young man to be seated at the back, which looked like a garbage dump.
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 young man had to crawl into the car from the rear left door as many things were strewn on the back seat and floor.
The video clip ended with the man releasing the handbrake, ready to drive away 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.
Obviously, the man felt his actions were justified. But if the woman had rear-ended his car, she was only obligated to make a report at the traffic police station within 24 hours. She was not obligated to handover 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 pay for the cost of repairs. She could also opt to pay a RM300 compound fine and lose her no claim discount for the motor insurance.
As for the Proton driver, his old Gen 2 is likely to only be insured under a third-party cover. 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 for 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.
For minor collisions, obviously it is recommended to settle via cash compensation as it is very inconvenient to file police reports, which may take several trips to meet the investigation officer and collect necessary documents.
However, if injuries are involved, a police report is indeed required 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 regarding the incident will result to the driver having to pay compensation from their own pocket.
Safety first
Many people involved in collisions tend to stop their cars at the scene of accident and cause traffic congestion 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.
However, if there are no casualties involved, the vehicles should be driven to a safe spot or towed away from the scene to prevent any more accidents from happening, as many passing motorists tend to rubberneck the congested traffic and could rear-end the vehicles in front of them.
Should a vehicle collide into your car and the driver did not stop, all you need to 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.
In this case, grabbing the handbag from inside a car could be snatch theft or robbery in the presence of the victim. And no stranger is authorised to demand for the identity card from another person, period.
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 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.
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. – Nov 29, 2021
YS Chan is Asean Tourism Master Trainer for travel agencies, master trainer for Travel & Tours Enhancement Course and Mesra Malaysia (both programmes under Ministry of Tourism, Arts and Culture). He is also a tourism and transport industry consultant and writer.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
