Unlucky Incident Coming Back From Penang...
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morpheus5039
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XXX;554966 said:
+1
I had already provided you the winning case history before. Nothing is impossible.
fabianyee
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syameel666;554955 said:
what do u expect?? give u 5 star treatment for asking compensation from them.. Of course they'll make things difficult and hope that you'll give up trying... And if you quit, they'll go "phew" and wipe sweat off their forehead...
Hammer278
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Exactly what fabian said...it happens around the World but especially in bolehland, you gotta fight extra hard tooth and nail to get what you deserve. Sad truth but no other way out of it. If I were you, I wouldn't let this go. It's a significant amount + injuries to family member! Too much to keep quiet IMO.
In Parimala a/p Muthusamy & Ors v. Projek Lebuhraya Utara Selatan [1997] 5 MLJ 4 & 8 at p.500:
"...the moment a ticket is extracted at the toll gate, as in this case, and the highway is used, a contract is thus struck between the parties, making the plaintiff a lawful user of the road (Bromley v Marcer [1922])."
Also:-
"D was the highway authority responsible for the construction, maintenance, management and safety of the North-South Highway. P were travelling in a car driven by the deceased when it hit a stray cow which had found its way onto the highway through a breach in the fencing system.
The court reiterated the principle that “a person can claim in nuisance if his right of free passage or some rights connected to it have been interfered with”. It could not be ascertained that D knew or could be said to presume to know that at the relevant time a breach of the fence had occurred, or that a cow was strolling on the highway. Consequently, D could not be said to continue the nuisance since its foreknowledge was not conclusive."
And for everyone's information, this also applies to parking in paid carparks. Management cannot absolve themselves of responsibility of taking care of your vehicle, no matter what disclaimers they print such as "Park at your own risk".
There was the case of John Heah vs Timur Car Park Sdn Bhd. See:- http://thestar.com.my/news/story.asp?file=/2009/4/25/nation/3772390&sec=nation, and
http://www.mmail.com.my/content/chandy’s-carpark-war-your-war-too
For free car parks, go to court and set a precedent for all to follow. :biggrin:
Salut
"...the moment a ticket is extracted at the toll gate, as in this case, and the highway is used, a contract is thus struck between the parties, making the plaintiff a lawful user of the road (Bromley v Marcer [1922])."
Also:-
"D was the highway authority responsible for the construction, maintenance, management and safety of the North-South Highway. P were travelling in a car driven by the deceased when it hit a stray cow which had found its way onto the highway through a breach in the fencing system.
The court reiterated the principle that “a person can claim in nuisance if his right of free passage or some rights connected to it have been interfered with”. It could not be ascertained that D knew or could be said to presume to know that at the relevant time a breach of the fence had occurred, or that a cow was strolling on the highway. Consequently, D could not be said to continue the nuisance since its foreknowledge was not conclusive."
And for everyone's information, this also applies to parking in paid carparks. Management cannot absolve themselves of responsibility of taking care of your vehicle, no matter what disclaimers they print such as "Park at your own risk".
There was the case of John Heah vs Timur Car Park Sdn Bhd. See:- http://thestar.com.my/news/story.asp?file=/2009/4/25/nation/3772390&sec=nation, and
http://www.mmail.com.my/content/chandy’s-carpark-war-your-war-too
For free car parks, go to court and set a precedent for all to follow. :biggrin:
Salut
affan66
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what do you expect? just present your case and do whatever's necessary.
Try doing this with an insurance company, especially on 3rd party claim. They'll give you all kinds of excuses and give a stupid "offer".
Hope everyone recovers well and the car gets back in shape.
Try doing this with an insurance company, especially on 3rd party claim. They'll give you all kinds of excuses and give a stupid "offer".
Hope everyone recovers well and the car gets back in shape.
syameel666
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Fadhlan : Malang memang tak berbau... AB Glenmarie said car will be done before Raya but i will be going to Penang for raya.. After that only can take the car back... *sad sad*..
affan66 : Everybody has recovered from the injuries and now the only 1 which is sick is the car.. =(
I really have to go all out on this as the amount is too much to bare.. Like most of the comments here, maybe ill get a lawyer to talk to PLUS then maybe PLUS will 'goyang' abit... It's getting to my head where PLUS is really a Pain in The A** !..
affan66 : Everybody has recovered from the injuries and now the only 1 which is sick is the car.. =(
I really have to go all out on this as the amount is too much to bare.. Like most of the comments here, maybe ill get a lawyer to talk to PLUS then maybe PLUS will 'goyang' abit... It's getting to my head where PLUS is really a Pain in The A** !..
cloudbuster
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Sorry about your nasty accident, and at the same time happy to know that you and your family is ok. I hope you do manage to recover some compensation from Plus.
I too had a similar accident on April 17 this year, on the day of my brother's wedding. I was traveling in my wife's E46 318i along the main road in Putra Heights in the afternoon behind a 4wd going on a slow speed around 50km/h. We were going on a curved bent when suddenly I saw a whole transmission block appearing beneath the 4wd. Because there was a car beside mine, I couldn't turn either way and only managed to brake somewhat but still rammed over the block of transmission.
Heard several very very loud clanks and thuds and bangs and my car was like a rodeo horse. Luckily I still managed to go over the transmission. There was a loud groan noise from the car after that, but still ok to drive, surprisingly. Took it to the workshop the next day, and after hoisting the car up, we found that the oil pan was damaged, and apart from a slight dent at the rear right on the undercarriage plus a small scrap near it, the car was verbally certified safe and ok by the workshop. Replaced the oil pan and some engine oil refill later, the car ran fine and the groaning noise disappeared. Luckily, the bill cam to only around RM1,500 plus in total.
I'm just relieve that my family was safe. Somehow or rather, i felt the car saved us from anything dreadful.
A Proton Persona which was behind us at the time wasn't so lucky. The car got stuck on stop of the rogue transmission block and pierced through the floorboard at the rear. Again luckily no one was seating on the rear seats of the Persona or it could have been nasty.
I too had a similar accident on April 17 this year, on the day of my brother's wedding. I was traveling in my wife's E46 318i along the main road in Putra Heights in the afternoon behind a 4wd going on a slow speed around 50km/h. We were going on a curved bent when suddenly I saw a whole transmission block appearing beneath the 4wd. Because there was a car beside mine, I couldn't turn either way and only managed to brake somewhat but still rammed over the block of transmission.
Heard several very very loud clanks and thuds and bangs and my car was like a rodeo horse. Luckily I still managed to go over the transmission. There was a loud groan noise from the car after that, but still ok to drive, surprisingly. Took it to the workshop the next day, and after hoisting the car up, we found that the oil pan was damaged, and apart from a slight dent at the rear right on the undercarriage plus a small scrap near it, the car was verbally certified safe and ok by the workshop. Replaced the oil pan and some engine oil refill later, the car ran fine and the groaning noise disappeared. Luckily, the bill cam to only around RM1,500 plus in total.
I'm just relieve that my family was safe. Somehow or rather, i felt the car saved us from anything dreadful.
A Proton Persona which was behind us at the time wasn't so lucky. The car got stuck on stop of the rogue transmission block and pierced through the floorboard at the rear. Again luckily no one was seating on the rear seats of the Persona or it could have been nasty.
mkmy
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i am no lawyer but have been thinking as to how the incident could be related with the highway concessionaire's liability. in my opinion, it was its (concessionaire's) responsibility to ensure safe passage way for customers (road users). but in the same time, we can't be anticipating an every second surveillance on all spots but a regular round by its maintenance/patrolling teams. as road users, we too are bound to report/lodge with the concessionaire any unsafe condition and/or obstacle(s). let say, you file this case and eventually you win, this would then be a precedent whereby some dare-devil (driver) with an ill-intention to get a all-paid-for car refurbishment might intentionally hit any "leftover" on the highway. if this continues, the toll prices would be increased in order to meet the higher demand in public liability (insurance).
XXX
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mkmy;555535 said:
...friend, you pay money to use it, so it should be safe thats why they take up liabilty insurance for things like that, even if Im in your office and I fall down bcos your kakak mopping the floor, I can also sue your office.. to cut the story short......there has been many cases but it is never highlighted...even a stone which caused a dent on a lawyer friends car was also claimable...matter of whether you want to go through the hassle or not.
The excuse of people faking accidents to claim from them, what for , you can always fake an accident also and claim insurance which is easier, but dont forget you need to make a police report and you better dont let them catch you lying.
syameel666
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cloudbuster : OMG bro, good to hear that you were safe in that accident with no injuries.. It sounds similar to my experience but mine got hit pretty bad and most of the things underneath the car was damaged... The Shaft was around 35kg's and alot was damaged..
Here I attach the bill for things that was damaged :
Insurance will cover the " Total Parts after Betterment ", the sakit part is the Betterment which is Rm 9K ++.. Just hoping PLUS could cover that cost, if not *koyak*....
Here I attach the bill for things that was damaged :
Insurance will cover the " Total Parts after Betterment ", the sakit part is the Betterment which is Rm 9K ++.. Just hoping PLUS could cover that cost, if not *koyak*....
