By CY Ming
On Nov 29 at 1.50am, four people were killed and one seriously injured in a road accident at KM16.7 of the NKVE.
Among the dead was the Uber driver who had picked up four passengers from the Kuala Lumpur International Airport (KLIA).
Many people are now wondering whether the families of those killed and the injured woman passenger would be receiving any compensation, as it is well known that passengers in private cars are not insured.
The accident involved a garbage truck and four cars. It all started with a car suddenly coming to a stop in the middle lane after a tyre burst, forcing the driver of the garbage truck to swerve hard towards the right.
But the truck went out of control and crashed through the divider and onto the opposite lane, and collided with the Multi-Purpose Vehicle (MPV) driven by the 52-year old Uber driver.
It was clear the lorry driver was at fault, not the Uber driver. Although it was caused by the car stopping abruptly in the middle lane, the truck driver should have kept a safe distance behind, but many Malaysian drivers ignore this practice.
Before driving long distances, drivers should make sure the tyres are properly inflated, as the continuous flexing of a badly under-inflated tyre could generate enough heat to cause a blowout.
While it is common knowledge that passengers in private cars are not covered by insurance, many people would be shocked to learn that passengers in licensed taxis and buses are not insured too.
For example, if the MPV used was licensed and insured as an Executive Taxi, it would be futile for the families of those killed or the injured victim to claim from the company that insured the MPV.
This is because a taxi motor policy only insures the driver for legal liability to passengers, and the cover kicks in only when the driver is at fault and complies with all the terms and conditions spelt out.
As such, it is better to claim from the truck’s insurance company by filing a civil suit as insurance companies will only award compensation as ordered by the court.
In cases of “lorry hantu” or unlicensed and therefore, uninsured lorries, claims can only be made with the lorry owner and driver, but they may not have the means to pay.
Even when the lorry and driver are licensed and insured, the insurance company could still repudiate cover if the lorry was driven under the influence of drugs or alcohol.
All these prove that our laws are antiquated and do not protect the public as intended.
Although it is mandatory for all motor vehicles on the road to be insured for third party injuries, and all drivers of public service vehicles insured for legal liability to passengers, many victims of road accidents are not compensated because large numbers of vehicles and drivers are not licensed or insured, or in compliance with the terms and conditions stipulated in motor insurance policies.
The best solution is to introduce compulsory personal accident (PA) insurance cover for all unnamed passengers in buses, taxis and vehicles providing chauffeur-driven services through ride-sharing apps, such as Uber and Grab, as claims are speedily paid out without having to establish fault.
A cover of RM100,000 for death and disability and up to RM10,000 medical expenses should be more than adequate for most victims.
Those who think they are worth more can always arrange their own covers for life insurance, PA and medical insurance.
CY Ming is an FMT reader.
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