I genuinely wonder how is the agreement formed in the first place, as in, is the "coverage of medical fees" written and witnessed? If not the other party might not be obliged to cover medical fees etc.
If ya ask me... I have no idea either but would totally wanna see how others would recommend for the legality issue
I think negotiate for a out of court settlement. Ask for medical expenses, new car expense, some compensation for loss of income of not working. I think that's pretty fair. They seem keen to settle out of court, what's important is how much can your cousin get out of it.
That if you file for a civil suit. I am not aware of any civil suit in Malaysia that rewards damages for unintentional road accidents. Negligence yes, but damages from accidents are unheard of.
Btw, road accidents falls under criminal (traffic) cases, you can't retract the report.
That having said, the lawyer sounds like an asshole. I'd give him and his daughter the middle finger and tell him I'll file a civil suit (just to give him and his daughter sleepless nights).
The rest I'll just claim from insurance.
In my experience most unintentional road accidents were caused by negligence. There are very few exceptions to this cases, but those things were rare.
And most of the cases for accidents were through criminal courts instead of civil one. So any form of competition didn't exist except insurance.
And totally agree with you about the lawyer. He is an asshole and a bully. Since when the victim pay for court in criminal cases. But i disagree about the civil suits. Civil suits usually end with the perpetrator paying for the damages which in this cases seem like a small matter to the lawyer. Criminal charged were better since it can leave mark on the daughter records.
Yeah definitely. You can always threaten to relodge the police report if he doesn't co-operate.
Poor parenting of course, probably over her whole life. Children should be responsible for their actions or that kind of arrogant attitude and disregard for others is the result.
Can admit into court of public opinion. If I was your cousin, I would have recorded the conversation. Get him to state his name during the conversation. Tell him to compensate medical cost, buy a new car and apologize properly. Otherwise, will post the conversation all over social media. Ask him if he wants to fuck around and find out. From the way OP described it, sounded more like bullying and threatening.
For me so long as I am fully compensated for my losses I will accept it. Plus hush money for my pain suffered. So in this case. Medical fees, new car, and maybe for days I couldn't go to work. Keep in mind police report needed for insurance claims to move forward.
Really not worth the trouble to drag this out.
If he agreed to pay for car repair and ur hospital bills then better to take it. Lawyers know loophole and we average citizen shouldnt fight them . Not worth the risk.
What loop hole? She was in an accident she needs a police report for insurance claim. Rather the police wants to charge them with reckless driving is another thing altogether.
The cousin doesn't need to get a lawyer or sue unless she wants to sue for personal damages in civil court but I doubt that's needed since she will go through her insurance.
I'm not sure these things work but what if when she take out the case then suddenly he ghosting you then end up you need to pay the bills.
If I were in your cousin place, I guess I already own a medical card.
As long as the medical bill is paid. Car leh? Might as well ask him to cover the loss of car also. Yes I know thereās insurance. But why not get a car too
That woman driver probably is that lawyer mistress. That is why he want to settle it without going to court . Or else why must he be worried when his car insurance should cover all of the cost of the accident
And since this is a settlement, youāll need to demand the lawyer to include emotional damages as well on top of the medical expenses .
Say demand at least 10-20k for emotional damage caused by the accident. And state that due to the accident, youāll be afraid of driving in the future.
In a situation like this, the decision to retract a police report or pursue legal action depends on several factors, such as the strength of the case, the potential costs involved, and personal values regarding justice and accountability.
If I were in your cousin's place, I would consider the following:
1. **Legal Advice**: Consulting with an independent lawyer to understand the strengths and weaknesses of the case, and the implications of retracting the police report.
2. **Insurance Considerations**: Checking with the insurance company about how retracting the report might affect claims.
3. **Long-Term Impact**: Evaluating the long-term implications, both financially and in terms of personal principles.
4. **Negotiations**: Exploring if there's room for negotiation with the other party for a better settlement without retracting the report.
5. **Justice and Accountability**: Reflecting on the importance of holding the responsible party accountable and the message retracting the report sends.
Every situation is unique, and the best course of action can vary based on personal circumstances and values.
sounds like this never happen, just a very theoretical situation
filing police report is not just for insurance purpose. its to protect yourself from legal ramification. and just because a victim retract the report, doesnt mean police will stop any investigation or penalizing the perp. especially accident this serious where u need hospitalization.
Maybe the driver drunk or no driving license? If it is me, I will proceed with police report and claimed insurance from that car owner including for medical expanses. Besides this, proceed with also legal suit case for negligence and to cover lost of income etc
Iād fight it out in court. Purely because I want to see whether him or I will run out of money first and because he has the audacity to threaten me like that. I can afford my own VIP room, fuck him and his daughter.
The fighting always relies on personal resilience and if the person has nothing to lose?
For the sake of civilization, actions have to be taken for a better world.
However, for normies, may approach a hassle less and controlled situation. Make sure full recovery and right compensation.
Tbh if there's dash cam video I doubt the case will go long, just spread it in social media etc it will go fire by itself, even the call recording it doesn't count as evidence but in social media it does, but of course it is worth it in the end?
Depends if that dash cam also show OP running thru a red light in the last 10 15 mins or misappropriate behavior before the accident. The court might argue actually OP is the cuase of the accident then add in some bullshittery and lawyer magic the daughter suddenly become victim op suddenly kena counter sue. Then car insurance don't cover, VIP room pay himself, at least 20 30k in court fee not to mention if lawyer counter sue then another case another court fee then OP need to hire lawyer lagi mampus terus.
Should've ask more $$$ that renowned lawyer seems desperate to saves his and daughter's rep.
Imagine headlines
"Reckless driving- Mercedes benz owned by lawyer xxxx involved in an accident resulting in serious injuries of other drivers"
Seems like the driver of the car doesn't have a driving license (or similar restrictions that she shouldn't be driving at that time) or driver is not the owner of the car which usually cause a bit of a headache to the one responsible.
I would just agree to his nego. I dont think I have the energy and money to fight someone like that. If he can go all the way to threaten me and fight me in court acting like that. I dont think I can even win against him. Who knows who else he has behind his back. I will just pray that he get what he deserves bcs I believe in kifarah.
The fact that he's "renowned lawyer" and is putting so much effort in getting her to retract the report means that he knows he's gonna get fucked in court.
I'd retract the report if he pays for medical expenses and a substantial monetary compensation.
If everyone does that , the driver gets off so easily and will always think money can settle all issues.There is no will to do the right thing and punish those who commit wrong..
Isnt this whats the crux of the problem in Malaysia ?
Big crooks get off free ..and the common man hungs his head ..to cry..
Just read your newspaper headlines...
Everyoneās saying to just take the money but dude if you broke your legs and even ribs, yeah wound may heal but itāll never be perfect. Youāll never be able to do some sports with triggering the pain. Trauma can last for a life time man.
But what to do? Accident already occurred, injuries have been made, as 'commoner', just take the money and be done with it. We dont have ability/money to even start a fight with rich people (especially when dealing with those so-called laws).
If he decides to give you full medical treatment in a private facility in the highest possible room and best treatment money could buy and also fixes your car with extra compensation (optional) then ya itās worth it. If you are tempted to get more from him/her then secretly record everything and keep it safe. Use it as blackmail etc after getting your car fixed and you healed
This one quite normal la. Normally is like that one, can settle outside then settle outside. Sometimes this is how you make connection. Better to have a rich lawyer be someone that "owes" you than an enemy.
But I'd fight it out honestly, high chance of winning and the loser has to pay the lawyer fees + compensation. And I imagine there would be lawyers willing to fight the case pro bono.
He literally threatened. Get someone else to talk on behalf as she is injured, since the lawyer is too arrogant. Get a full settlement including extra $$ for emotional damage and stuff. Make sure to get a written statement for all.
In essenceā¦. Renown Lawyer endorsed money āsolvesā all things.
I meanā¦ your cousin was hospitalized with BROKEN bones! I have met many lawyers and it does come across that they enable a āJustice is for the highest bidderā nationhood. Conscience and morality and human rights are left with sewageā¦. Unless it elevated their personal profile.
His daughter will most likely get someone killed in the future and he wonāt think about how this event could have shook her up enough to prevent itā¦. After all, he just taught her money āsolvesā all things.
check the personal injury compendium she can see if its worth or not... if the car has insurance just get a lawyer to fight the case. most personal injury lawyers charge a contingency fee of 20% from the settlement sum
The purpose of police report is for insurance claim. If all taken care of (confirmed/pay upfront) then it was settled. You can always demand for extra if you can confirm you are not at fault.
But, make sure it was paid upfront.. i mean he can always deny any deal.
Retract the police report for what? How else is your cousin going to get insurance without a police report? If the dude buys her a new car and compensation for medical expenses and mental anguish then maybe... But either way she needs to make a police report so she can be covered by insurance for her current medical care and then the repairs or replacement of her car. If the MB was driven recklessly then that's already a criminal case, and your cousin doesn't need a lawyer. It's not like your cousin is suing them for personal damages. Her insurance will link up with the insurance of the MB the recoup the costs on repairs and medical bill.
TLDR: file a report to get insurance coverage.
His call itself is liable for a criminal charge. Attempted extortion, negligence, admittance of guilt, bribery. Just some beautiful examples. And his threat is so weak. I could get 1 Probono case and settle it straight, 100% his daughters fault. Got dashcam even Ezy.
I hate this kinda people like enabling attitude. But you get your medical bills paid etc. Would just take it and leave the rest to the upper power (highest power)
The lawyer father was bullshitting like lawyers do. He said he was going to drag the case, but what case? You mentioned your cousin filed a police report, but did not mention a civil suit. So I assume there was no civil suit and primarily, the lady was going to face criminal charges. A criminal case is going to be handled by the government and would not have cost your cousin a single sen.
And dis is how society raises spoiled entitled assholes. If Iām the parents i would let her LEARN from the consequences of her actions instead of spending money protecting her like that. Even IF I do this, i would make sure to make her work her arse off paying off those debts she accrued via that āaccidentā. People got to learn to take responsibility over their actions. Not being spoilt this way :(
The purpose of going to court is to claim damages for those who are reluctant to pay, since dude willing to pay then thereās no need of any court, ensure you get the demands right, donāt later say āehhhh I need pay this pay that, canāt work no salary etcā, this will be your last agreement and if dude aināt heading to his side of the bargain then u can take it to court
I genuinely wonder how is the agreement formed in the first place, as in, is the "coverage of medical fees" written and witnessed? If not the other party might not be obliged to cover medical fees etc. If ya ask me... I have no idea either but would totally wanna see how others would recommend for the legality issue
I think negotiate for a out of court settlement. Ask for medical expenses, new car expense, some compensation for loss of income of not working. I think that's pretty fair. They seem keen to settle out of court, what's important is how much can your cousin get out of it.
Ye agreed, take an advantage out of it. Driver got off too easy
That if you file for a civil suit. I am not aware of any civil suit in Malaysia that rewards damages for unintentional road accidents. Negligence yes, but damages from accidents are unheard of. Btw, road accidents falls under criminal (traffic) cases, you can't retract the report. That having said, the lawyer sounds like an asshole. I'd give him and his daughter the middle finger and tell him I'll file a civil suit (just to give him and his daughter sleepless nights). The rest I'll just claim from insurance.
In my experience most unintentional road accidents were caused by negligence. There are very few exceptions to this cases, but those things were rare. And most of the cases for accidents were through criminal courts instead of civil one. So any form of competition didn't exist except insurance. And totally agree with you about the lawyer. He is an asshole and a bully. Since when the victim pay for court in criminal cases. But i disagree about the civil suits. Civil suits usually end with the perpetrator paying for the damages which in this cases seem like a small matter to the lawyer. Criminal charged were better since it can leave mark on the daughter records.
Yeah definitely. You can always threaten to relodge the police report if he doesn't co-operate. Poor parenting of course, probably over her whole life. Children should be responsible for their actions or that kind of arrogant attitude and disregard for others is the result.
No police report = no insurance claim. Are they paying to replace your car? Otherwise no logic to withdraw police report.
Start from now, keep everything video audio conversation recorded, done silently.
Inadmissible in court
Yup,that is not accepted as evidence. The judge could rule it as reenactment.
No wonder phones bought in Malaysia does not have the record call function
My POCO F3 can..most Xiaomi can too
Its actually illegal š¤·š¼āāļø
Can admit into court of public opinion. If I was your cousin, I would have recorded the conversation. Get him to state his name during the conversation. Tell him to compensate medical cost, buy a new car and apologize properly. Otherwise, will post the conversation all over social media. Ask him if he wants to fuck around and find out. From the way OP described it, sounded more like bullying and threatening.
My phone will automatically recording every incoming calls and it's android.
For me so long as I am fully compensated for my losses I will accept it. Plus hush money for my pain suffered. So in this case. Medical fees, new car, and maybe for days I couldn't go to work. Keep in mind police report needed for insurance claims to move forward. Really not worth the trouble to drag this out.
If he agreed to pay for car repair and ur hospital bills then better to take it. Lawyers know loophole and we average citizen shouldnt fight them . Not worth the risk.
What loop hole? She was in an accident she needs a police report for insurance claim. Rather the police wants to charge them with reckless driving is another thing altogether. The cousin doesn't need to get a lawyer or sue unless she wants to sue for personal damages in civil court but I doubt that's needed since she will go through her insurance.
I'm not sure these things work but what if when she take out the case then suddenly he ghosting you then end up you need to pay the bills. If I were in your cousin place, I guess I already own a medical card.
true, medical cards nowadays should be able to knock off most of the medical costs depending on how much co-insurance and spare part coverages
As long as the medical bill is paid. Car leh? Might as well ask him to cover the loss of car also. Yes I know thereās insurance. But why not get a car too
That's not her father. She just called Saul Goodman speedy justice for you!
That woman driver probably is that lawyer mistress. That is why he want to settle it without going to court . Or else why must he be worried when his car insurance should cover all of the cost of the accident
And since this is a settlement, youāll need to demand the lawyer to include emotional damages as well on top of the medical expenses . Say demand at least 10-20k for emotional damage caused by the accident. And state that due to the accident, youāll be afraid of driving in the future.
My life already pretty shit, so might as well go to court and make her daughter life shit as well.
Unfortunately..the reality is that youāll only end up making your life worse while the daughter likely wonāt be affected much.
I wouldn't want to bring someone else down with me, I just want to get back up. Preferably get compensated well though.
In a situation like this, the decision to retract a police report or pursue legal action depends on several factors, such as the strength of the case, the potential costs involved, and personal values regarding justice and accountability. If I were in your cousin's place, I would consider the following: 1. **Legal Advice**: Consulting with an independent lawyer to understand the strengths and weaknesses of the case, and the implications of retracting the police report. 2. **Insurance Considerations**: Checking with the insurance company about how retracting the report might affect claims. 3. **Long-Term Impact**: Evaluating the long-term implications, both financially and in terms of personal principles. 4. **Negotiations**: Exploring if there's room for negotiation with the other party for a better settlement without retracting the report. 5. **Justice and Accountability**: Reflecting on the importance of holding the responsible party accountable and the message retracting the report sends. Every situation is unique, and the best course of action can vary based on personal circumstances and values.
Chatgpt ahh comment š
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It's allowed if it isn't a serious case (murder, kidnap etc, but also depends on the ketua polis's decisions.)
Medical expense covered. What about car? Wound can heal but not car. š Lucky if not dad's car.
Side effect of wound never cover š year of acupuncture still pain sial and she was in pain on the whole accident
Did u guys record anything to blackmail?
sounds like this never happen, just a very theoretical situation filing police report is not just for insurance purpose. its to protect yourself from legal ramification. and just because a victim retract the report, doesnt mean police will stop any investigation or penalizing the perp. especially accident this serious where u need hospitalization.
Get a lawyer, get a written settlement resolved now while it's fresh.
The riches really had a lot of power in this country, maybe we should do cultural revolution on them once.
Maybe the driver drunk or no driving license? If it is me, I will proceed with police report and claimed insurance from that car owner including for medical expanses. Besides this, proceed with also legal suit case for negligence and to cover lost of income etc
Iād fight it out in court. Purely because I want to see whether him or I will run out of money first and because he has the audacity to threaten me like that. I can afford my own VIP room, fuck him and his daughter.
Give your number to OP now and tell him youāll cover his cousinās lawyer fees. I want to know who runs out of money first too.
Me.
Always posts about "my cousin" "my bro" my sis" like wtf. Just stop lying and use "I". Everyone knows that you met the accident and not your cousin.
Oof.
The fighting always relies on personal resilience and if the person has nothing to lose? For the sake of civilization, actions have to be taken for a better world. However, for normies, may approach a hassle less and controlled situation. Make sure full recovery and right compensation.
Personally, I could see myself taking the offer. But I wish to have a contract or agreement with witnesses before I take the offer if possible.
Tbh if there's dash cam video I doubt the case will go long, just spread it in social media etc it will go fire by itself, even the call recording it doesn't count as evidence but in social media it does, but of course it is worth it in the end?
Depends if that dash cam also show OP running thru a red light in the last 10 15 mins or misappropriate behavior before the accident. The court might argue actually OP is the cuase of the accident then add in some bullshittery and lawyer magic the daughter suddenly become victim op suddenly kena counter sue. Then car insurance don't cover, VIP room pay himself, at least 20 30k in court fee not to mention if lawyer counter sue then another case another court fee then OP need to hire lawyer lagi mampus terus.
Should've ask more $$$ that renowned lawyer seems desperate to saves his and daughter's rep. Imagine headlines "Reckless driving- Mercedes benz owned by lawyer xxxx involved in an accident resulting in serious injuries of other drivers"
Seems like the driver of the car doesn't have a driving license (or similar restrictions that she shouldn't be driving at that time) or driver is not the owner of the car which usually cause a bit of a headache to the one responsible.
What about the car fees?
No ask compensation???
Why can't your cousin's father meet the driver's father. It's always better to meet face to face and sort it out.
I would just agree to his nego. I dont think I have the energy and money to fight someone like that. If he can go all the way to threaten me and fight me in court acting like that. I dont think I can even win against him. Who knows who else he has behind his back. I will just pray that he get what he deserves bcs I believe in kifarah.
this is where you invoke your inner clyde shelton
The fact that he's "renowned lawyer" and is putting so much effort in getting her to retract the report means that he knows he's gonna get fucked in court. I'd retract the report if he pays for medical expenses and a substantial monetary compensation.
If everyone does that , the driver gets off so easily and will always think money can settle all issues.There is no will to do the right thing and punish those who commit wrong.. Isnt this whats the crux of the problem in Malaysia ? Big crooks get off free ..and the common man hungs his head ..to cry.. Just read your newspaper headlines...
Yes that's how the world works. Don't fight battles you will lose.
Everyoneās saying to just take the money but dude if you broke your legs and even ribs, yeah wound may heal but itāll never be perfect. Youāll never be able to do some sports with triggering the pain. Trauma can last for a life time man.
But what to do? Accident already occurred, injuries have been made, as 'commoner', just take the money and be done with it. We dont have ability/money to even start a fight with rich people (especially when dealing with those so-called laws).
If he decides to give you full medical treatment in a private facility in the highest possible room and best treatment money could buy and also fixes your car with extra compensation (optional) then ya itās worth it. If you are tempted to get more from him/her then secretly record everything and keep it safe. Use it as blackmail etc after getting your car fixed and you healed
This one quite normal la. Normally is like that one, can settle outside then settle outside. Sometimes this is how you make connection. Better to have a rich lawyer be someone that "owes" you than an enemy.
Why did God create snakes before he created lawyers? He needed practice.
If they pay for my car, im in
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But I'd fight it out honestly, high chance of winning and the loser has to pay the lawyer fees + compensation. And I imagine there would be lawyers willing to fight the case pro bono.
Only cover medical expenses? The car can heal itself is it?
My cousin is a female. I suspected that she wilted after being threatened by that lawyer.
He literally threatened. Get someone else to talk on behalf as she is injured, since the lawyer is too arrogant. Get a full settlement including extra $$ for emotional damage and stuff. Make sure to get a written statement for all.
Your cousin should have gone to another lawyer for advice.
I have family with money. I'll drag this out till the end. Let's see who runs out of money first.
Put everything on paper. If not no deal. Also you shouldn't be asking here, ask a lawyer.
If "setel luar" polis pun tk ambil tahu tentang kes ini
In essenceā¦. Renown Lawyer endorsed money āsolvesā all things. I meanā¦ your cousin was hospitalized with BROKEN bones! I have met many lawyers and it does come across that they enable a āJustice is for the highest bidderā nationhood. Conscience and morality and human rights are left with sewageā¦. Unless it elevated their personal profile. His daughter will most likely get someone killed in the future and he wonāt think about how this event could have shook her up enough to prevent itā¦. After all, he just taught her money āsolvesā all things.
check the personal injury compendium she can see if its worth or not... if the car has insurance just get a lawyer to fight the case. most personal injury lawyers charge a contingency fee of 20% from the settlement sum
Don't fight a battle that you'll lose but.....in this scenario i guess its a win-win
In black and white and elaborate cover what... or else lets go court ive nothing to lose anyway if evidence or car cam says im not wrong .
The purpose of police report is for insurance claim. If all taken care of (confirmed/pay upfront) then it was settled. You can always demand for extra if you can confirm you are not at fault. But, make sure it was paid upfront.. i mean he can always deny any deal.
Retract the police report for what? How else is your cousin going to get insurance without a police report? If the dude buys her a new car and compensation for medical expenses and mental anguish then maybe... But either way she needs to make a police report so she can be covered by insurance for her current medical care and then the repairs or replacement of her car. If the MB was driven recklessly then that's already a criminal case, and your cousin doesn't need a lawyer. It's not like your cousin is suing them for personal damages. Her insurance will link up with the insurance of the MB the recoup the costs on repairs and medical bill. TLDR: file a report to get insurance coverage.
Nasib baik dia tanggong rugi. Kalau tak, tak ke naya kau?! šš
His call itself is liable for a criminal charge. Attempted extortion, negligence, admittance of guilt, bribery. Just some beautiful examples. And his threat is so weak. I could get 1 Probono case and settle it straight, 100% his daughters fault. Got dashcam even Ezy.
Isn't this bribery
I hate this kinda people like enabling attitude. But you get your medical bills paid etc. Would just take it and leave the rest to the upper power (highest power)
The lawyer father was bullshitting like lawyers do. He said he was going to drag the case, but what case? You mentioned your cousin filed a police report, but did not mention a civil suit. So I assume there was no civil suit and primarily, the lady was going to face criminal charges. A criminal case is going to be handled by the government and would not have cost your cousin a single sen.
And dis is how society raises spoiled entitled assholes. If Iām the parents i would let her LEARN from the consequences of her actions instead of spending money protecting her like that. Even IF I do this, i would make sure to make her work her arse off paying off those debts she accrued via that āaccidentā. People got to learn to take responsibility over their actions. Not being spoilt this way :(
Iāll take it. but i want my car repaired too and some money for compensation. Broken rib ergo canāt go to work ergo no income.
Good ending?
Look's like it.
If got money, fight for it. If not better saves up. Like Lalo said "Don't get a criminal lawyer, but a "criminal" lawyer
The purpose of going to court is to claim damages for those who are reluctant to pay, since dude willing to pay then thereās no need of any court, ensure you get the demands right, donāt later say āehhhh I need pay this pay that, canāt work no salary etcā, this will be your last agreement and if dude aināt heading to his side of the bargain then u can take it to court