A motor vehicle accident claim commenced in the civil suit is different from a claim made under the standard motor insurance policy as the latter does not cover liability for death or injury. In the event of a motor vehicle accident, the victim who has suffered injuries may bring a suit against the driver who caused the accident. If a driver is found liable for the accident, the driver may be liable for general and special damages which may include medical, rehabilitation and hospital expenses, loss of earnings or earning capacity, pain and suffering and loss of enjoyment of life, and in the case of death, loss of dependency and bereavement.
In the event of an accident, the victim may claim for compensation under the insurance policy from the insurance company. A civil action may also be taken against the insurance company in the event of refusal in complying with the terms of the insurance policy.
In this aspect, it is important for one to know their rights and remedies in a motor vehicle accident. We provide legal representation and advisory services to individuals who suffered personal injuries and damages in motor vehicle accidents.
- Advising and assisting clients on the lodging of police report
- Representing clients during the visit at the scene of the accident
- Interviewing witnesses of the accident
- Advising and representing clients in obtaining the police report lodged by the defendant driver, sketch plans, photographs and the findings from the police department
- Advising clients on their rights and remedies under a dependency claim
- Advising and representing individuals in their legal claims against the driver or the driver’s employer
- Representing clients in opposing the insurance company’s claim in declaring the insurance policy as void and unenforceable
- Advising and representing the insured in claiming against the insurance company for breach of insurance policy
- Advised and represented a company in defending an action for vicarious liability for negligence caused by its driver in a motor vehicle accident
- Advised and represented the dependant of the victims against the driver and owner of vehicle for negligence (which caused the death of four people) and for loss of support
- Advised and represented the owner of an aircraft for compensation against insurance companies for the loss of aircraft and the death of a crew and two passengers of the aircraft
Related Articles and Updates
Prior to 29/12/06 the test for medical negligence accepted by the Courts in Malaysia was generally known as the Bolam Test or the Bolam Principle. This test was applied to determine the doctor’s standard of care in relation to the treatment and information given to the patient. However, the Federal Court on 29/12/06 in its judgment in the case of Foo Fio Na v Dr. Soo Fook Mun & Anor  1 MLJ 593 declared inter alia, that the Bolam Test is no longer applicable. The question of law which was posed for the determination of the Federal Court was whether the Bolam Test in the area of medical negligence should apply in relation to all aspects of medical negligence. The Federal Court answered the question in the negative.
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