Is it true that you can't claim insurance from motorcyclists who hit your car?

In this beautiful country of ours, I am certain you've seen your fair share of traffic accidents, especially ones involving motorcycles. 

I'm also pretty sure you've heard this from a friend or relative before, that if you get into an accident with a motorcycle, you - the car's driver - are by default in the wrong, regardless of who caused it.

The other myth is that even if the motorcyclist is in the wrong, it is impossible to file an insurance claim from the motorcyclist's insurer. But really, how true are these sentiments?

So your car got hit by a motorcycle, what now?

You're minding your own business while driving when suddenly, a motorcycle jumps the red light and crashes into your car. Clearly it's not your fault, but what do you do next?

Remember that you have several options available to you. The first option is to negotiate with the other party and sort this out without going to the police or court.

This is assuming that both parties can reach an agreement on who is at fault and the compensation value.

Can't reach an agreement? Both parties can lodge police reports. Bear in mind that a police report must be made within 24 hours of the accident and at the traffic police station that has jurisdiction over the location of accident. 

The inspector will then study both police reports, the description of how the accident unfolded and decide on a conclusion. The party deemed to have caused the accident would then be issued a summons. 

It's also interesting to note that, if one party lodges a police report and the other doesn't, the inspector in charge of the case will usually rule in favour of the party that has lodged a report. 

Not happy with the decision? Take to the courts

If you're not happy with the outcome of the inspector's decision, you can take the matter to court. Usually, your insurance firm will arrange for a lawyer or you can engage one personally.

For a court to decide, it needs to establish whether there is 'tort of negligence' (let's just call it negligence). In this context, negligence occurs 'when a person breaches his duty of care which he owed to another due to which that other person suffers some hard or undergoes some legal injury'.

To prove negligence, there must have been a duty of care owed, and there must have been a breach of that duty. This can apply to both the driver and motorcyclist.

Basically, if it cannot be proven that you were careless (by extension, negligent) at the time of the accident, then you are not to be blamed for said accident. That is why it is so important to pay attention while driving. 

If it's not my fault, can I claim insurance from the motorcyclist?

Based on the Road Transport Act 1987, every motorised vehicle in Malaysia is required to have at least a third party insurance policy.

According to Liberty Insurance, in the event that the police or court has cleared the driver of any wrongdoing, then yes, the driver may file claims for damage repairs or other inconveniences against the insurance of the motorcyclist.

So, if you’re in this situation, you can definitely make a Third Party Property Damage (TPPD) claim against the biker’s insurer, especially when the police or court is on your side. 

So what is TTPD? It's a that policy covers road users against third-party claims for injuries or death caused to them during an accident. It also covers losses or damages to the third party’s property caused by your vehicle.

While these provisions are technically granted by law, getting police to believe your version of the story can be difficult. That's why there is a prevalent belief that in some parts of Malaysia, the police will typically rule in favour of the biker. 

To circumvent this issue, it's wise and prudent to invest in dashcams for your car, both front and back. This way, you do away with a lot of 'he says, she says'. All the evidence you'll need is there, and it makes investigations that much easier to conclude. 

Also read: In-Car DVR, don't drive without one and here's what you need to know

Conclusion, the car is not always to blame

Based on the precedents that were outlined above, it is quite clear that courts will study every angle and evidence before determining who is at fault for causing an accident. This busts the myth that in such scenarios, motorcyclists are favoured. 

Nevertheless, always remember to drive safe and cautious on the roads. I know this sounds a bit silly, but do keep a lookout for our motorcyclist friends, even if they're being reckless. If anything untoward happens, it is them who come off worse compared to us in our cars.