Vehicle collision – Tell me which insurance should compensate?

It’s like this. The Kembara signal turning right. The bike is behind the kembara and therefore, goes to the left side to go straight. Meanwhile, the van which is an oncoming traffic wanted to turn into the lane and turned but did not see the oncoming bike because the Kembara blocked the view.

So, the bike crashed into the back of the van. The whole panel of the van kena jialat oso lah. Dented with scratches. The bike, meantime, also rosak-ed a bit but thank God, the biker kena sikit scratches on the hand and a bruise on the leg. (already seen doctor liao).

Heh, call it school of hard knocks lor. We went out for dinner and the biker wanted to ride his bike instead of riding in the car to join us for the meals. So, we were just around the corner but did not witnessed the accident though. The uncle who drove the van is a nice, cincai, fatherly guy. We agreed to compensate his repairs, exchanged numbers and he will check with his own mechanic tomorrow.

But now, come back liao, Mr. Accountant thought back and realised it probably is not his son’s mistake but the van’s driver. The repairs of the van will probably costs RM500 like that. Our bike? We actually wanted to trade it in for a new one today. Duh! It happened near the motorbike repair shop and is there for repairs also.

Now, question. Do you think it is the van or the bike’s fault? One thing is the bike knocked into the van’s back. Thank God it was not head on. My son’s reasoning is – The Kembara signalled to turn right, so he has to cut into the left side. He cannot brake just like that and he didn’t expect a vehicle to turn in the lane. So, he crashed into it.

Tomorrow, I have to to do the dirty job of going to the police station to clarify matter. *bite nails* Depending on what the police says, then, only we will make a police report. If the police said we are in the right, then, kena call old uncle to tell him he kena claim his own insurance (or pay from his own pocket) and we will claim damages for the bike. If we are wrong, then, we kena tanggung lor. Pay for the damages from our own pocket.
Anyway, it is school of hard knocks, and glad it is minor (but expensive) knock  only. *chew nails*

42 Replies to “Vehicle collision – Tell me which insurance should compensate?”

  1. Thank god your son is fine. Actually, maybe it’s because I live in KL and the mindset is different, but my dad never allowed us to ride a motorbike. I can say none of my friends own/ride bikes too. Very scary and dangerous lah. *chew nails with you*

  2. Glad no one is hurt.

    It’s 6 of one and half a dozen of the other.

    Really no one is at fault here, the van can’t see your son and the kembara is doing the right thing, the van is acting normally.

    If I had to say anyone I’d say your son, but he pulled to left to go past the kembara, he just perhaps should have been a bit careful if he couldn’t see ahead clearly.

    Always have to be looking at least 3-4 cars ahead and know what everyone is intending to do, especially when you are on a bike.

  3. The van driver must sent back to driving school.
    When attending the undang-undang exam, most question are base on the traffics rules for junction turning : give priority to incoming traffics from your left. So there is no excuses that the driver CANNOT see the bikes.

    Bikers must give extreme cautions to the country drivers/riders attitude. All drivers are unpredictable, the worst attitude driver I can rank are are Taxi, bus, van and the “ultimate” Kancil.

  4. That is why, IN ANY ACCIDENT, report polis first, don’t matter if kena Fine $350 if U salah….but that’s what yr insurance is for…

    Thus why… Berhati Hati di Jalan Raya.
    My Best Wishes to yr son! Tell him..he finally GRADUATED from RIDING CLASS.

  5. I would say van-lah cos the biker has right of way and the van should not pull out unless he has a very clear view of oncoming traffic.

  6. Frankly no idea.But most probably your son. Ask the police.

    This is why I’m always careful when I’m turning like the van. Bikes always come from nowhere. No matter you’re right or wrong. It’s not fun and time consuming being involved in an accident. So the best thing is to avoid it.

  7. Glad your son is ok. But it’s wise to list down all the things you need to do plus the time needed. Not forgetting the $$ spent. That should be a deterrent factor for anyone in your family to avoid accidents, no matter who’s fault. Learn defensive driving in our world of crazy Malaysian drivers and riders.

  8. FINALLY…something I can agree with Wuching about! Van wrong lah!! Bike going straight, van cutting across other lane…even with nuisance Kembara blocking…has to see no other vehicles going straight on!!! They have the right of way!

  9. Good that all went well for your son.

    I guess both are wrong in some way. The van driver went out too fast without having a clear view over the road, but your son shouldn’t have overtaken him but stayed behind the van until his part of the road is totally cleared. He went to the left, so basically on the other lane. If it would have been a car, he would have overtaken illegally and he did so just because he is riding a smaller vehicle.

  10. reading it without knowing it was your son..therefore not biased, it’s the van’s fault. sorry friendly uncle!

    your biker had right of way. uncle’s “insurer” should cover our son’s bike. make police report or not?

  11. aiyoh.. solly to hear lah. this kind of thing really leceh wan. even if you are in the right oso banyak leceh. luckily your boy is ok.

  12. Aunty, your son have the right of way. The third party van is at fault. You can make a claim against the third party van.

    Email me for futher advice. I am a Loss Adjuster by profession.

  13. IF I didn’t look at the point of impact, I would say, van driver is wrong.

    But looking at the second diagram, I have some doubts as it seems that the bike knocked the van’s rear, if it knocked the front then it wouldl be the van driver’s fault.

    The reason that I place this as the bikers fault is that, obviously he would have seen that the van has loomed past in front of him before he knocked the read and so, it seems that either the bike was being handled rather fast and thus was enable to stop even though the van front part has already drove past or he was not paying attention to the traffic infront of him.

    Secondly, to prove the above statement that your son might have been driving fast and was not able to brake in time was the statement he gave “he cannot brake just like that” now, if he was driving at a normal speed, he would have been able to brake if he was paying attention to traffic he would have seen that the van was turning because as mentioned above, he knocked the rear of the van, not the front or the side.

    Anyway, the van driver’s reasoning that he did not see the bike due to the car is plausible, but he is also guilty of not paying attention for if he was, he would have seen the approaching bike coming due to the fact of where the eventual collision was, at the rear of the van, not the front or the side, but the rear, unless, as I’ve mentioned above, your son was driving too fast.

    You see, the point of collision here is the point of argument, you stated that your son knocked the rear of the van, not the front or the side of the van, this would mean, that your son would have had ample time to see the van and could have avoided it. Of course your son has the right of way, that is without doubt, but the argument I present here is, how fast was your son driving that he was not able to brake in time and eventually hit the rear of the van?

    Anyway, am glad to see that he’s o.k. and accidents (vehicle) are part and parcel of life and we all face it. Whoever is right or wrong is not the matter, we have insurance for that but most important is that your son is safe and no one was hurt. Thank God for that.

    (whooo..panjang cerita today 😛 )

  14. Van driver is wrong. Those on the straight lane always right one. Your son knocked the van driver on the side rear end mah. Not backside. If the van driver made a legal U-turn and X knocked the van backside, then X is wrong lo. Anyway, glad your son is ok. Hubby and i discuss before, we will probably never let our son ride a bike …too dangerous. THen again, my son still bb la, so donno how things will be like 16 years later..hehe

  15. Now u knw what they say abt 99.9% of motorcylists wud had gotten involved in accidents is true… but i never xpected it wud happen this fast to ur son!

    i wud say the van is wrong. those going straight road are always betul di sisi undang undang. But that’s the thing with riding a bike…right or wrong, u still have 99.99% of getting into accident. Better get ur son a car next yr?

  16. Omigawd! Since when QV becomes defence lawyer??? Van’s fault!! People going straight have right of way. Am sure that QV 1 of those potong jalan kind (and hantam belakang too?? Ha ha ha!) Hey! Come to think of it, Mom’s fault! Who askd her 2 buy son one of those killer machines??? Ha ha ha ha ha!

  17. Exactly…Mom’s fault and anak so stuborn, go makan also have to show off and use bike 😛 oooh…I’m gonna get whacked big time by aunty hahahahahaha

  18. I think it’s the Van’s fault, regardless if he sees the bike(assume it’s a motorcycle) or not.

  19. Sad to say, bike’s at fault. Doesn’t matter what’s the reason. As long as you’re in control and you’re the one who bang someone from behind/side, you’re the one at fault. The reason the police will put into the report will be ‘tidak dapat mengawal kenderaan’. Whether or not it is really the case, doesn’t matter.

    On a side note, people usually feel ‘guilty’ for causing an accident and take on the fault even though by law it is the other party who’s wrong. That said, should never agree to fully compensate someone. Cap is always RM300 because that’s the police fine.

  20. Definitely the van is wrong.

    Motorcyclist has right of way because he is going straight. Van is turning and he must not turn until the way is clear. Therefore, your son is not at fault!

    Technically your son did not knock the back of the van, but the side towards the rear.

    Glad that your son is not hurt.

  21. QuaVadis, remind you the physics of mass. Normal 70-100cc bikes don’t have big tyre like 250cc to give enough breaking frictions when travel faster than 55kmh. The riding exams require you do an emergency break on time (within 5m and skidding less than 1m without falling) when accelerate to 40kmh. When normal kapcai travel 55kmh above, emergency break will need more than 10m with longer skidding range.

    5xmon please remind your son to be extra careful when tailing another vehicle, approaching junction or any roundabout. Besides others unpredictable drivers/riders, municipal councils also take their part to create hazardous road conditions. When I’m driving, I always think other drivers/riders has the intention to kamikaze to collide with any vehicle.

    I have encounter enough accidents that any oxymoron drivers/riders can make :
    – A moron tailgate me in 60kmh and try to break on time with his bald tyre.
    – Another moron try to play the U-turn illegally by switching from right lane to left lane, and make a sudden U-turn(which obsctruct the right lane).
    – Idiot that swinging from lane to lane when SMSing
    – Smart-Alecks kancil keep traveling 80kmh when traffics 100m in front is clearly seen as a total stop.
    – Stupid biker cut into motorbike lane without watching incoming traffics.

  22. Hmmm, you should just let it be lor.
    I mean, already agreed to pay for the van damages… then suddenly now want the fella to pay pulak. Since the van driver is a nice, cincai fella like you said… if you feel 500 too much, then nego personally with him to lower ler.

    I mean.. what is 500 compared to a person’s life? (not to say got any life threatening thing here la) or even gratitude etc etc.

    I dunno bout you all, if it’s me, I’ll let it be coz really… it’s a very gray area. Both can be wrong, both can be right. We also need to think from the side of the van driver. If I imagine I was him, I would say biker fault coz he bang the BACK of my van. He needs to be more attentive and ready to brake at any time.

  23. Wuah…so many different opinions. LOL. Never mind, I had wrote to Terence (comment #19) and I haven’t been to the police station yet (sembahyang jumaat over first). Had tried calling the uncle but unsuccessful to get him. ‘Cos it is actually his fault so we are going to settle, we pay for our own repairs (RM300 for the bike) and he bear his own repairs.

    But we shall see what he says to this….He may insist we pay for his car repairs so that would come to another story altogether. Yesterday night we already asked him to get his car checked, call us and let us know how much is the damage and we shall see if we can settle it out of our pocket or claim our bike’s 3rd party insurance.

    And actually hor, this is not to claim who is right and who is wrong but rather how vague we are when comes to minor road accidents like this. Frankly, most of us aren’t very sure wan.

  24. agree with terence of comment #19. But then, by right a police report SHOULD BE MADE in 24Hours la…dont prolong d….

  25. When this is the case, both party are wrong because careless. Or at least I was told so previously. It’s up to the inspector actually and that is when they will start playing with toy car. Be prepared to pay RM300 (both party).

  26. Hijackqueen – Hehehe, I am still at home, too reluctant to pursue to the case. Told my hubby to just pay the uncle la. He is too nice so no heart to make matter worse.

  27. I’m no expert but I’d say the motorcyclist is less at fault coz he had right of way as he was travelling on straight road. Van driver was turning into straight road so shud have ensured no oncoming traffic from straight road as he makes the turn.

    Most important, your boy’s okay – thank goodnez.

  28. Hmm, logic seems to point that it seems to be more of the cyclist’s fault. Single lane road- which means no two vehicles (including bikes, trishaws, … whatever ) should be riding abreast. If someone stops on a single lane road to make a right turn, the person behind is supposed to wait until its safe for him to move forward. One thing to remember is it’s a t-junction (as depicted from your image). As in that case, there is always a rule of taking turns of going through the junction. (i might be wrong though, but I always adhere to that rule when driving in here in crazy californian roads).

  29. Glad ur son was ok. Sometimes Malaysian drivers like that one, once a “brilliant” lorry driver potong me from behind and came to absolute halt in front of me, I was travelling at 60kmh on MRR2 ( near Giant Hulu Kelang), I didnt even realise he was stopping until my dad started shouting to keep right.
    Sometimes things just happen, we all learn through experience don’t we.

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