Govt urged to help DUI crash victims get compensation faster
PETALING JAYA: Drivers under the influence of alcohol and drugs should be legally obliged to pay their victims, with courts given the power to set the amount based on medical costs, lost income, rehabilitation expenses and other losses, said an academic, in welcoming the government’s move under Budget 2027.
When tabling the Budget in the Dewan Rakyat on Friday, Prime Minister and Finance Minister Datuk Seri Anwar Ibrahim said the government would amend the Road Transport Act to compel drivers under the influence of alcohol or drugs to compensate victims, adding that tighter enforcement had not stopped violations from happening.
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Universiti Putra Malaysia Road Safety Research Centre head Assoc Prof Dr Law Teik Hua said reforms to the Road Transport Act could establish a clear legal framework allowing victims and their families to obtain compensation following a driving under the influence (DUI) conviction.
He said the compensation in fatal cases should also take into account the income needs of surviving dependents and be determined based on the outcome of criminal sentencing or linked civil proceedings.
“The legal process must avoid imposing undue procedural burdens on victims. Judicial convictions for DUI offences should streamline victims’ access to compensation instead of requiring them to independently pursue lengthy legal procedures.”
Law said legislation should clearly set out procedures for submitting claims, assessing losses and enforcing compensation orders to ensure that payments could be processed without unnecessary delays.
He said victims and bereaved families should also be provided with adequate representation, particularly those who lack the financial means to pursue compensation claims. He stressed that safeguards would be necessary to ensure that claims are supported by credible evidence and that compensation is assessed fairly.
He said the law should also clarify how court-ordered compensation would interact with existing civil liabilities and insurance payments to prevent victims from receiving duplicate compensation.
He cautioned that compensation alone would not be enough to deter impaired driving, particularly if motorists believe that they face a low risk of being detected or convicted.
He said policymakers should therefore adopt a comprehensive approach combining victim compensation, appropriate penalties and strict enforcement.
Law said this should include regular roadside inspections, effective enforcement, timely investigations, prosecutions and penalties proportionate to the severity of the offence and harm caused.
“Effective deterrence requires offenders to perceive a high likelihood of detection and conviction together with significant legal and civil consequences.”
He highlighted a major challenge in ensuring that victims actually receive compensation, adding that a court judgment does not necessarily guarantee immediate payment.
Law said many offenders might have limited assets or income, substantial debts or other financial commitments while disputes could also arise over the value of damages, the extent of injuries, earning capacity or the financial needs of dependents in fatal cases.
He said these difficulties could place further pressure on victims, particularly those already facing hospitalisation costs, funeral expenses, loss of income and other financial hardships following an incident.
Law proposed the establishment of a government road crash victim compensation fund to address such enforcement challenges.
“Under such a mechanism, eligible victims who suffer serious injuries or lose family members in crashes caused by intoxicated or drug-impaired drivers could receive compensation without having to wait for offenders to make payments.”
He said the government could subsequently recover the compensation from offenders through legal mechanisms, including enforcement of court orders or seizure of assets where appropriate.
He added that the fund could be financed through government allocations, road safety budgets or other legitimate revenue sources.
Law also said clear eligibility criteria, objective methods for assessing claims and safeguards against fraud would be necessary to ensure the fund is administered transparently.
