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Motorcyclists! Better Watch Out if You Encounter These 4 Tricky Situations

Updated 16 Jan 2019 – By Ng Shen Lee


Motorcycles dashing through Klang Valley is a common sight and sound. But as we all know, accidents are bound to happen with all that zooming around. Sometimes the accidents are straightforward. You langgar me, you pay. Or I claim from your insurance. Easy, right?

But, more often than not...it’s not so straightforward. Here, we explain a couple of incidents where determining who’s at fault and claiming insurance can sometimes be a little tricky. 
 

Scenario 1: If you’re riding your motorcycle and rear-end a car



You’re just riding to work as usual, but you’ve got too much on your mind and before you know it, “Oof!”, you kissed the back of the car in front of you! Oh no, you’re obviously the one in the wrong right? 

Luckily you’re a motorcyclist though! You see, if it was another driver that had rear-ended the car, then yes, this would have been the other party’s fault.

But good thing you’re a motorcyclist! In Malaysia, when a motorcyclist bangs into a car, it’s still the car driver’s fault. UNLESS, the driver of the car manages to present evidence that you were the one in the wrong. Say, dashcam videos. But good thing most car drivers don’t install dashcams at the back of their cars. It’s always located in front! 

So, you may have accidentally damaged a car’s bumper, scratched their doors or even completely snapped off their side-view mirror, but without concrete evidence, they won’t be able to claim from your insurance.

Bottom line is, if the driver of the car doesn’t have any proof such as dashcam videos or a witness to verify the accident, you get to claim from their insurance to cover the costs of the damage YOU incurred! As for the car owner, he/she is gonna have to prepare to lose all the hard-earned NCD (no-claim discount).
 

Scenario 2: If your motorcycle passenger was injured while you were riding 



Let’s say your friend Joe tumpang your bike. Along the way, you accidentally crashed and Joe received some major injuries. Now, he’s asking you to cover his medical costs since you were the one behind the handlebars. 

Guilt aside, does your insurance cover Joe’s medical bills?  If you’ve paid an additional premium for extended coverage, possibly! 

First off, start by determining what your specific motorcycle insurance policy does or does not cover. You will need LLP (Legal Liability to Passenger) which will protect you in case Joe wants to sue you. 

If you have the “Third party” or “Third party, fire and theft” coverage, Joe’s medical bills will most likely not be covered. However, if you have the Comprehensive Coverage policy, Joe just might be able to claim from your insurance! 

But keep in mind that not all Comprehensive Coverage policies are the same. In some cases, you are required to pay an additional sum for the LLP as it won’t be included in your policy. To be sure, get in touch with your respective insurance provider and ASK. 

Other than LLP, a Comprehensive Coverage policy can also include coverage up to a certain sum for natural disasters, and even liability to the third party that was caused by your passenger. 

If you’ve been paying for this all the while, then congratulations! You won’t go broke from forking out money for Joe’s medical bills. 
 

Scenario 3: Parked motorcycle kena hit-and-run



Have you ever accidentally damaged a parked car with your motorcycle? Did you do the honourable thing and leave your contact details, or did you simply write “I’m sorry” on a leftover receipt you found on the road and placed it behind the wipers?

It’s okay, we won’t judge you. But what if it was your bike that got damaged!?

If you have proof of the other vehicle damaging your bike (say, CCTV footage from the carpark), then you can claim from your own insurance under the Own Damage Knock-for-Knock claim. You won’t lose your NCD.

On the other hand, if you have zero proof, then sorry to say that your insurance won’t be able to help you out. You’ll have to fork out for the repairs yourself.  Sigh, next time just take Grab la! 
 

Scenario 4: Motorcycle switched lane without signalling and rear-ended by car



The biggest fear of every Malaysian driver - banging a motorcyclist who popped out of nowhere! Considering the habits of Malaysian motorcyclists, this is a very valid fear to have.

So what if YOU'RE the one who did all the swerving in and out of lanes without signalling and BAM got hit by a car?

First off, pray that you didn’t sustain any major injuries. Though you were the one in the wrong for switching lanes suddenly without signalling, you might not be faulted. In most cases like this, fingers will still be pointed at the driver of the car instead, and you will be able to claim from the driver’s insurance. 

However, if the driver of the car managed to capture proof of you and your risky actions, then you might have to claim from your own insurance under an Own Damage claim. At that point, you’ll also lose your NCD and you can be sure that when your policy renews, the rates will be increased. 

This is why dashcams are important, people! 
 

Lessons to learn

When it comes down to it, even the trickiest situations can boil down to be pretty straightforward (in a way lah) at times. No evidence, no talk. So if you haven’t already, install a dashcam. Yes, even on a motorcycle! Above all, it's very important to remember that it's YOUR responsibility to ride anywhere safely so as to not endanger the life of your passenger, but the lives of every other road user.

Also, get the Comprehensive Coverage policy for your motorcycle insurance. A million and one different types of incidents may occur and you never know what might happen to you. In the event that an unlikely situation were to occur, you’d definitely want to be insured! Compare quotes and find one that best suits your needs here
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