Legal Assistance for Auto Accidents

Transcription

1 Legal Assistance for Auto Accidents

2 What should you do? When one meets with an accident, what comes to his/her mind?

3 Let s look at some scenarios

4 Scenario 1 Imagine the person you knocked is unconscious on the road but you don t feel safe stopping to help due to the location of the accident. Is it against the law to drive straight to the nearest police station to make a report on the accident and not stop to assist? Does the 24-hour rule apply here, meaning can you make the report of the accident in 24 hours and not immediately?

5 Can he refuse to make a report immediately, insisting that he will make within the stipulated 24 hours? Scenario 2 If your car is knocked by another car driven by someone who is intoxicated, can you insist that he follows you immediately to the police station to make a report? How can you prove that he was intoxicated at the point of accident?

6 Scenario 3 If you knock the car in front of you subsequent to you being knocked from behind, are you at fault? Do you need to pay the fine when making the police report? Can you refuse to pay the fine insisting that it was not your fault?

7 Scenario 4 Are you able to make a police report any time of the day or night (24 hours), 7 days a week? Do the police have the authority to request that you come back the next day to make the report stating that it s already past a certain time? What if you need to drive back to your home in KL from the accident site? Does it mean you have to return the next day to make the report? Can you insist that you want to make the report immediately?

8 Scenario 5 How do you go about it? What if subsequent to an accident your car is towed to a workshop that you are not familiar with and would like it to be towed instead to a known workshop? Are you supposed to pay anything to the initial workshop to release your car or for the towing service to the known workshop?

9 Scenario 6 Imagine you are involved in an accident and there is a fatality. Can you drive to the police station immediately and/or in 24 hours to make a report? Do you need to wait for the police to arrive at the accident scene to take the necessary photos etc before you can drive away?

10 Scenario 7 Can you claim for loss of income? What if you are hospitalised and are unable to carry out your daily work functions and/or have had to forego a business opportunity due to this reason? How do you go about it and from whom do you claim?

11 How do you go about claiming for insurance without losing your noclaims discount (NCD)? Scenario 8 What if the wronged party in an accident refuses to make a police report? What about your medical and other claims, how do you go about claiming and from whom?

12 Scenario 9 Are you still required to make a police report? Imagine your vehicle is damaged in a parking lot subsequent to being knocked by another vehicle who has since driven away and you are not able to identify the vehicle nor the vehicle owner. Can you claim insurance for repairs to your vehicle?

13 Scenario 10 What if your car is knocked by another car who is driven by someone who is not the named driver in the insurance policy? Can you still claim from insurance without losing your no-claim discount (NCD)? What do you do if otherwise?

14 Answers-in-Law Your solution to legal concerns in auto accidents.

15 About the Plan The ONLY service offering legal assistance in accident matters from the point of accident to the point of delivery of your fully restored vehicle, all managed by professionals.

16 A ONE- STOP- SOLUTION to your legal concerns in auto accidents. Offering legal assistance in accident matters FROM THE POINT OF ACCIDENT TO THE POINT OF DELIVERY OF YOUR FULLY RESTORED VEHICLE, all managed by professionals. A 1st OF ITS KIND service in Malaysia assisting vehicle owners navigate through the complexities in an accident, from tow truck operators to the police, insurance companies to workshops, lawyers to public authorities etc. Offered FREE to all Motor Vehicle Insurance Policy Holders

17 ! In general, a person should contact a lawyer shortly after an accident in order to ensure that he/she obtains proper legal advice on what he should or should not do.! Contacting and having a lawyer to advise and represent you can make the difference between a justly resolved matter and incurring or obtaining monetary damages.! By obtaining professional legal advice, a person can be properly informed of his/her rights from the very onset in any given situation.! An experienced lawyer can assist you to navigate through the legal system to ensure that your interest is safeguarded at all times.

18 At Answers-in-Law, we provide you with lawyers who are experienced in auto accident matters employed in law firms registered with the Malaysian Bar. Customers are able to access the services of the lawyers at NO additional cost. From the Point of Accident 1 Policy Holder calls Answers-in- Law at the point of accident for preliminary advise 6 Lawyer reports the accident to insurance company 2 Lawyer 5 Lawyer writes letter to police to extract police report requests Policy Holder to sign document appointing him/her as their lawyer if Policy Holder requires legal assistance subsequent to preliminary advise 4 Lawyer records full statement, examining documents and evidences 3 Lawyer requests if Policy Holder intends to claim from own insurance company or 3rd party s insurance company 7 Lawyer writes letter to hospital for medical expenses 8 Lawyer ensures appointed car workshop proceeds with the repair and obtain estimated completion time for the repair 9 Lawyer ensures that the repaired vehicle is delivered to MV Policy Holder To the Point of Delivery of your FULLY RESTORED VEHICLE 10 Lawyer requests MV Policy Holder to collect payment received from insurance company for agreed compensation from his/her office Text in red denotes Retainer Law Firm Text in blue denotes Panel Law Firm

19 The lawyer will advise the customer on what he/she is normally entitled to claim (depending on the situation in hand) Special damages Claims for specific expenses like transport, repair to vehicles, hiring another vehicle, medical expenses. In short, generally specific monetary expenses incurred as a result of the accident. General damages Compensations for pain and suffering as a result of injuries caused to a person.

20 Benefits What does the plan offer to its stakeholders?

21 MV Policy Holders: One stop centre for legal assistance in the event of an accident Ensure Policy Holders are well advised and protected Make certain that policy holders are privy to the appropriate insurance claims Insurance Company: Ensure claims procedure and requirements are properly adhered Eliminate unwarranted and exorbitant claims Enhance value proposition to their Policy Holders, offering value-added services and going the extra mile for their customers Answers-in-Law: Complementary product to indirectly introduce its main products Avenue to develop the Answers-in-Law brand name Additional source of revenue/income

22 Special Features of the Legal Plan By incorporating legal services into the MV insurance policy, Insurance Companies are seen to be offering value-added services and going the extra mile for their customers:! Lawyers respond within 24 hours ensuring customers concerns are dealt with the required urgency.! Lawyers converse in customer s preferred language personalised to the needs of customer upon registration.! Lawyers work closely with customers treating them as any important client of their firm.! Lawyers are experienced and knowledgeable in auto accident matters having at least 8 years practicing experience, registered with the Malaysian Bar and employed in a law firm licensed by the Malaysian Bar.! Lawyers provide the above and related services at NO cost to the customer.

23 Process Flow for MV Policy Holder accessing Answers-in-Law services Phone Call Network of Legal Counsels Member 1a 2a Answers-in-Law Customer Service Advising Law Firm (Tier 1) Panel Law Firm (Tier 2) OR 1b Login via 2b 3 Selected law firm contacts member within 24 hours. 4 Following consultation of Advising Law Firm (Tier 1), if member wishes to PROCEED FURTHER with the legal matter, the member will be provided with the list of Panel Law Firms (Tier 2). Member selects the Firm and the Law Firm contacts the member within 24 hours.

24 Process Flow for Legal Assistance in Auto Accidents The scenario: At accident site CAR ACCIDENT!! MV Policy Holder meets with an accident MV Policy Holder calls AIL to speak to a lawyer for legal advice Lawyer calls MV Policy Holder within 2 hours Upon receiving call from MV Policy Holder, AIL Responds to the MV Policy Holder in his/her preferred language and confirms the name and vehicle registration number Records MV Policy Holder s situation/concern and advises him/her to take down the following: o Particulars of the vehicle(s) such as registration number(s), make, model and colour of the vehicle(s) o Particulars of the driver(s) such as name, address, ID, driving license number, contact number and insurance company s name MV Policy Holder takes lawyer s advice and proceeds with the necessary actions

25 Process Flow for Legal Assistance in Auto Accidents The scenario: After accident and when claiming for car insurance Legal assistance provided to MV Policy Holder involves the lawyer: Requesting MV Policy Holder to sign document appointing him/ her as Policy Holder s lawyer Requesting if MV Policy Holder intends to claim from own insurance company or 3 rd party s insurance company Recording full statement, examining documents and evidences Writing letters to police Reporting the accident to insurance company Writing letters to hospital for medical claim Ensuring appointed car workshop proceeds with car repair and obtaining estimated completion time for the repair Legal Assistance Required AIL follows up with MV Policy Holder Temporary Car Required No Yes No Yes Ends No Lawyer advises MV Policy Holder to file suit (see below for #Note) MV Policy Holder given a list of law firm to select Selected lawyer calls MV Policy Holder within 24 hours Adequate compensation Yes Ends MV Policy Holder collects payment from lawyer s office AIL arranges for a temporary car to be delivered to MV Policy Holder AIL arranges for repaired car to be delivered back to MV Policy Holder and takes back the temporary car* In addition the lawyer will, Advise on types of claim, special or general damages Ends Ends #Note: This is not covered by Answers-in-Law Plan. MV Policy Holders may discuss and negotiate directly with the lawyer on the fees etc that are involved if the he/she was to proceed with the civil suit. Ends

26 Proposed Marketing

27 Answers-in-Law will embark on the following marketing initiatives to create awareness of the new service: Video Develop a video of commercial quality to demonstrate the service Online Answers-in-Law website, social media (Facebook, YouTube, Twitter), dedicated to existing members, e-pamphlet Traditional PR activities (press release, press interview), car stickers for display, pamphlet, testimonials, contest Key Messages A revolutionary and first of its kind professional legal services offered to MV Policy Holders, providing solutions to your legal concerns in auto accidents, educating citizens in knowing and exercising their rights in auto accidents

28 Car Sticker for Answers-in-Law Auto Accident Plan Subscribers

29 Answers-in-Law Plan is offered to all Motor Vehicle Insurance Policy Holders. Consult your friendly insurance provider for further information and registration.

30 About Answers-in-Law Answers-in-Law is a first of its kind interactive legal and public services directory that offers members access to the legal system through its unique Legal Expenses Indemnity Programme. Equipped with advanced information and communication technology, Answers-in- Law allows you to obtain immediate and affordable access to the legal system, assisting you in identifying legal service providers who are best suited to address your legal needs. Answers-in-Law s legal plans include legal advice, consultation and court representation. It is designed to cover large extent of the average person s legal needs at any given time, empowering you to make informed decisions and to have the ability to say, let me consult my lawyer first.

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32 Your solution to auto accidents starts here.

33 THANK YOU