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Accident With a Police Car. Can Claim Insurance or Not?

Updated 18 Oct 2019 – By Nabila Holtermans


Most of you should already know the drill (hopefully) when getting into an accident with a personal vehicle. But, what happens if you get in an accident with a gahmen vehicle? You know, like police vehicles, ambulances, bomba, and official minister’s car (usually Proton Perdana) or even royalty cars. 

In case you didn’t get the memo, accidents with gahmen vehicles AREN’T RARE in Malaysia. In 2017, there were 32 deaths involving government vehicles. For ambulance alone, the average number of accidents is 129 per year. WOW!

Life is inevitable and there’s a chance for any of us to be involved in a bad situation like this. So to explain what you need to do in case things go sideways, we gonna use a police car as an example in this article. 

 

Take note that the process of claiming insurance is different




Be it a personal or police car, the process is almost the same as below.

Step 1: Exchange driver information

Step 2: File a police report (Don’t forget to report within 24 hours k)
Step 3: Check which insurance policy you have
Step 4: Gather relevant documents for the insurance claim

Normally, if you got involved in an accident with a personal vehicle, you would claim your insurance company straight away, right? But, did you know that NOT ALL gahmen vehicles are covered by insurance? 



Police cars are bought and insured in fleets, but not all are protected. We can’t find the answer to why this is happening but our theory is that some cars were purchased separately. Hence, the inconsistency in the coverage. Which is why lah in some cases, you’ll have to settle things with the gahmen instead of the insurer. 
 
Before we go any further, if you’re worried about whether you can file a claim to your insurance company even though the accident involves a gahmen vehicle, the answer is YES. It doesn’t matter whose fault it is,  you can still make own damage (OD) claim (if you have comprehensive policy lah). The only downside is that you’ll lose your NCD either way. Some people might opt this because they want to get their car fixed immediately and can’t be bothered by the mafan process. 



Okay, back to claiming from the gahmen!
 
Before you even know whether you’re dealing with the gahmen or the insurance company, you’ll need to follow a different STEP 4.
 
Step 4 (for an accident with a police car): Get confirmation whether the vehicle involved is owned by the gahmen. To do that, call JKR and they’ll provide you with the information needed.  
 
If the police car isn’t owned by the gahmen, you can proceed with the claim from the other party the insurance. However, if it is, you move on to...

Step 5: Prepare the information or copies of documents showing that the vehicle involved is a gahmen vehicle. How to get them? No worries, JKR can provide you with these documents as well. 

Step 6: Contact a legal adviser.



FYI,  a legal adviser is practically a lawyer that gives you FREE advice regarding the law. Every accident involving a police car will need one, no matter whose fault the accident is. The officer will investigate the nature of the accident and determine whether the claim needs to be settled or a payment arrangement is needed.

“But, how do I contact one?”. EASY. Just visit the legal aid centre website for the contact number and make sure to call the closest one k.


Now, to help you understand better, let’s take a look at situations below.

#1 You’ve got hit by the police vehicle, BUT YOU MAY BE AT FAULT.




Okay, okay. Don’t flip the table yet. Take a look at these 2 different situations first. 


Situation 1

First, we take a look at the more common circumstances where the police car hits you BY ACCIDENT.

For example, in 2016, there was a case of a man who was driving his car to Seremban when suddenly, he had to slow down because of the traffic. Unfortunately, the police car behind him didn’t react in time and crashed into his. 

The abam polis who langgar the man acknowledged it was his fault and gave him his ID  card with badge number on it. 



After that, the man went to the police office to report the case and file a claim for the damage. The legal adviser who investigated the case also said it was the police’s fault. However, the police vehicle was not insured (ugh!). 

So how? What to do now? If you are involved in a situation like this, you need to...

STEP 7: Bring your car to JKR to asses the damage.  

TAKE NOTE. This step is necessary if you want to file a claim to the gahmen. Although the man was advised to do this and probably would have won the case, he decided not to do it. In his opinion, the RM450 damage of the car wasn’t worth going through the trouble of the process. That’s why he decided to fix the car himself instead. 

But, if you die-die want the compensation, then follow the next step. 




STEP 8: File a claim to the gahmen.

You’ll have to settle road accident cases through court sessions. So, make sure you have all the information needed from the JKR and pictures of the damage as evidence. One more thing, you also need a lawyer to represent you. 

He/she will then notify the Attorney General who will act on behalf of the gahmen to settle the claim. Normally, you have to tanggung the legal fee cost but if you cannot afford, you can still contact the legal aid centre for free legal representation (you know, pro bono case). 


Situation 2

Here’s what you got to do if a police car hits you because you are blocking the road. For example, let's say a police car wants to pass by signalling his sirens and strobe lights, but you don’t even bother to give way. In this case, the police have no choice but to langgar your car sikit. Now, you may think you’re a victim in this case.  But the reality is you’ve obstructed a public servant, so you’re considered at fault lah. On top of that, you can’t even file a claim against the gahmen. 



Additionally, they can charge you with 2-year imprisonment or a fine up to RM 10,000 for voluntarily interfering in the execution of public functions (under section 186 of penal code). 

Besides that, you may also run the risk of having your driver’s license suspended or revoked for failing to give priority to a police car on duty.  Under JPJ’s Kejara Demerit Points system, you’ll get 8 demerit points for this offence. Your driver’s license will also be suspended for 6 to 8 months should you reach 40 demerits points. That's why lah we have to sopan santun on the road. 
 

#2 But, what if you’re the one who hit a police vehicle?

If YOU HIT A POLICE CAR, you still need to go through the hassle of the process we mentioned earlier. The only difference is that you won’t be claiming the gahmen, but to your insurer. Because it’s your fault maaaa.



The amount you have to pay and coverage of the damage depending on your insurance policy. As we mentioned before, with a comprehensive policy, you CAN file an own damage claim but will lose your NCD. However, if yours is the third policy, sorry lah - no point because you can only use that policy when the accident wasn’t your fault. This means you have to pay for all the costs on your own.



The amount of money you have to pay will be collected through the attorney general and will be credited as gahmen revenue. For further details please check with your insurance.


Before you react, evaluate the situation first k.

We know the steps are a lot to take in, but we hope this article can help you in case you meet this unfortunate event. Whatever it is, do know that you can get compensation (if it’s not your fault) even though the process is level kura-kura. We’ll leave it to you if it’s worth to claim or otherwise. 

End note, please drive carefully, ingatlah orang tersayang, be a good civilian, don’t use emergency lane (still got this kind of people, you know) and bagi jalan lah if you see any gahmen vehicles that are in a hurry k.

One more thing, don’t forget to renew your car insurance and road tax. Without valid insurance, you cannot claim insurance tau. Just click on the image below.




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