ENZHMS
Link Copiedcheck_circle
Auto News

Federal Court: Crash victims should be automatically compensated

Anis

Share via


(Image source: Bloomberg)

In a groundbreaking decision, the Federal Court ruled that insurance companies should automatically compensate accident victims for their losses without the need for legal action.

According to Federal Court judge Abdul Rahman Sebli, provisions in the Road Transport Act of 1987 should be read to protect all drivers, including those who have been injured in crashes. In a 140-page ruling permitting appeals involving eight separate drivers, seven of whom suffered injuries in incidents, he stated that the Act's aim when it was passed by Parliament also included the protection of innocent third-party road users.

According to the report, of the eight appeals, five involved Pacific & Orient Insurance, Amgeneral Insurance, Allianz General Insurance Company, and Malaysian Motor Insurance Pool. The three-person bench, comprised of Rahman as well as Hasnah Mohammed Hashim and Rhodzariah Bujang, awarded RM150,000 in costs to each of the successful parties in the appeal.

The FMT report stated that the appeals resulted from the insurance firms obtaining a declaration from the High Court to invalidate the policies of drivers due to claims of wrongdoing on the part of the car owners. The appeals were necessary because this action had denied accident victims the financial recompense that was legally theirs.

According to FMT, in one of the situations, the owner of the car sold the vehicle to a third party using "sambung bayar" without telling the insurance provider. Later, the owner requested that the court nullify their insurance policy. The insurer had declined to pay for the victim's damages on the basis of that order.

In another instance, the insurance company refused to cover the costs of the collision the driver caused even after a thorough trial at a lower court ruled the driver to be at fault, claiming it had been duped.

The case victim was eventually found to merely hold a paper judgement, which the Federal Court said was “not even worth the paper it was written on,” continuing that it was unfair because the victim’s constitutional rights to be treated fairly had been infringed.


(Image sourceL: PaulTan.org)

According to the law, the road transport department cannot issue a road tax without insurance, so according to Rahman, all car owners are expected to have mandatory insurance coverage. In the event of an accident, a person hurt by a car may sue the car's owner, but if the car has insurance, the insurer (or insurance company) will step in and pay the victim's losses on behalf of the drivers.

Two conflicting interests had to be balanced in the Road Transport Act. Rahman noted that while it must protect innocent third parties from danger, it also must protect insurance companies from being taken advantage of by false claims.

The Federal Court decided that such a loss should be borne by the insurer, in accordance with the concept established by the 1959 Indian Supreme Court case of British India General Insurance vs. Capt Itbar Singh, which included balancing two conflicting interests.


Gallery

Share This Article

Written By

Anis

Previously in banking and e commerce before she realized nothing makes her happier than a revving engine and gleaming tyres........

Share via

JPJ Running Numbers

KUALA LUMPUR

VRX6739

SELANGOR

BSU9187

JOHOR

JH1538J

PULAU PINANG

PSH2904

PERAK

APM7874

PAHANG

CFJ3646

KEDAH

KGJ7448

NEGERI SEMBILAN

NEM5397

KOTA KINABALU

SJV1032

KUCHING

QAB9625P

Last updated 06 Nov, 2026

Fuel Price

Petrol

RON 95

RM 3.97

+1.38

RON 97

RM 4.90

+1.75

RON 100

RM 7.20

+2.20

VPR

RM 8.23

+2.00

Diesel

EURO 5 B10

RM 5.12

+2.08

EURO 5 B7

RM 5.32

+2.08

Last updated 30 Apr, 2026

Latest News

Auto News

Caricarz Automall Challenges Trade-In Prices, Records 300 Consignment Car Sales in 2026

Caricarz Automall reports 300 vehicle sales in 2026 as its consignment model challenges traditional used-car trade-in and dealer bidding prices.

06-11-2026
Auto News

Port Klang High Tide Warning: 7-11 November 2026 Forecast And Driver Advice

Port Klang high tides are forecast from 7-11 November 2026, peaking at 5.2m. Check the tide schedule and driving precautions.

06-11-2026
Auto News

Chery-Sapura RM307 Million Axle Assembly Deal: Models And Malaysia Plans

Chery's RM307 million Sapura axle assembly deal includes Jaecoo J5 and Lepas programmes. Here's what's being assembled in Malaysia.

06-11-2026
Auto News

Own A Recond Toyota? New Campaign Highlights Official Servicing And Genuine Parts

Own a recond Toyota in Malaysia? Toyota's new service campaign starts from RM469, with genuine parts, certified technicians and warranty benefits.

05-11-2026
Auto News

Deepavali 2026 Toll Discount: 50% Off Highway Tolls On Nov 6-7

Deepavali 2026 brings a 50% highway toll discount on Nov 6-7. Check the exact timing, eligible vehicles, excluded plazas and travel tips.

05-11-2026
Auto News

Bukit Jalil Concert Traffic: New Management Plan Expected By February 2027

Fed up with Bukit Jalil concert traffic? Here's what the government is planning, from a February 2027 traffic plan to smart-city solutions.

03-11-2026
Auto News

BYD Malaysia OneGo App: How To Book A Service And Get RM50 Off

Learn how to book BYD servicing using the OneGo App and get RM50 off. Choose your service centre, advisor and appointment before 31 December 2026.

03-11-2026
Auto News

Always Wanted A MINI? Its Certified Pre-Owned Programme Is Back In Malaysia

MINI NEXT returns to Malaysia with certified pre-owned MINIs, 360-degree inspections, verified vehicle histories, trade-in options and used electric MINIs.

02-11-2026

Show More

trending_flat

Malaysia First Used Car and EV Consignment Platform

This is the best place to sell your car at true market value. Instead of accepting low dealer trade-ins, we handle everything and connect your car directly to genuine buyers for the highest price.

I want to consign my car! Trade-in price too low.

CariCarz Automall

Understanding CariCarzAutomall Consignment Plan

Approved 200-Check Points Inspection

7 Day Money Back Guarantee

One Year Extended Warranty

No Hidden Charge

About Us

CarzAutoMedia: Stay connected to the latest car news! Get instant updates on new releases, industry trends, and automotive innovations. Your go-to source for 24/7 coverage of everything automotive.

© 2026 CariCarz.com. All Rights Reserved.