KUALA LUMPUR: Being involved in a road accident can be frustrating as we have to juggle between vehicle damage and the next course of action.
Lawyer Prakash Babu Balakrishnan advises motorists not to panic when caught in such a situation. The most important thing to do is to lodge a police report at the nearest police station.
If both parties cannot reach an immediate settlement they should remain at the scene of the accident, he said.
“They can wait until the arrival of the traffic investigation officer (IO), depending on the severity of the accident, who will then decide on the next course of action,” he said.
Prakash told Bernama that it is advisable for a person involved in any road accident to lodge a report.
“It is an offence under Section 52(2) of the Road Transport Act 1987 (Act 333) if a police report is lodged more than 24 hours from the time of accident without valid reason, regardless of the manner of settlement,”
he said.
While it is prudent for the matter to be taken to the authorities, Prakash said an amicable settlement on the spot is an option for minor accidents.
He said once a report is lodged, the IO will investigate and decide which party is at fault, and a traffic summons will be issued.
“The classification and punishment of a case will be decided by the IO upon the outcome of the investigation, and would usually be under but not limited to Act 333.”
Prakash also warned against dealing with independent towing agents, who usually are the first at the scene, without first verifying with the driver’s insurance company.
“In cases involving fatalities and injuries, it is advisable not to sign any document by any agent or touts at hospitals, or at the scene of an accident, without first consulting a lawyer,” he added.
Another lawyer, Patwant Singh Sohanpal, is of the view that when two or more vehicles are involved in an accident without any injury to persons, it is categorised as property damage collisions.
“All parties should first move their vehicles to the left side of the road for safety and (to avoid) causing road congestion.
“Motorists should then safely exit their vehicles and inspect the damage as well as record details of the accident, ranging from the condition of the vehicles, registration numbers and motorists’ particulars,” he said, adding that it was to ensure there is substantial proof at hand.
