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ROAD ACCIDENT – INSURANCE COMPANY STRIKES BACK: HIGH COURT OVERTURNS ROAD ACCIDENT CLAIM

1. Summary and Facts:

A motorcyclist falls. He claims another motorcyclist collided into him, causing the accident. The case goes to court, and the Sessions Court rules in his favour, holding the other motorcyclist 100% liable and awarding damages. End of story? Not at all. In, Pacific & Orient Insurance Co Bhd v Mohd Aminizam bin Zainal Abidin & Ors [2025] MLJU 331, the insurance company (Pacific & Orient Insurance Co Bhd) wasn’t convinced and appealed the decision, arguing that: • There was no actual collision – so why was their insured being held responsible? • The accident might have been staged for an insurance payout. What happened next? The High Court reversed the entire ruling, setting a precedent for road accident liability disputes.

2. Legal issues:

i. Was the other motorcyclist (2nd Defendant) actually negligent?
ii. Did a collision even occur?
iii. Was the accident staged?

3. Court Findings:

• The High Court overturned the Sessions Court’s ruling, holding that the Plaintiff failed to prove his case. The Court found that the doctrine of res ipsa loquitur had been wrongly applied. Just because an accident happened does not mean someone must automatically be at fault. The burden was on the Plaintiff to prove that the 2nd Defendant was negligent, and he failed to do so.
• A key issue in the case was whether a collision actually occurred. The Plaintiff insisted that his motorcycle had been hit by the 2nd Defendant’s motorcycle, causing him to fall. However, the police report, medical report, and witness statements did not confirm any collision.
• In fact, the first time a collision was mentioned was 4.5 months after the accident, in a follow-up police report. The court found this delay suspicious and damaging to the Plaintiff’s credibility.
• The insurance company, on the other hand, argued that the accident was staged and that the Plaintiff and the Defendants knew each other. They pointed to errors in the police reports, such as incorrect license plate numbers and accident dates, as potential evidence of fraud. However, the court found that these errors alone were not enough to prove that the accident was staged. Without clear and convincing circumstantial evidence, the fraud counterclaim was dismissed.
• Ultimately, the Plaintiff’s claim was thrown out, and no liability was found against the 1st and 2nd Defendants. Additionally, the insurance company was awarded RM60,000 in costs, making it a costly loss for the Plaintiff.

4. Practical Implications:

This case highlights the need for clear evidence in road accident claims and affirms that negligence cannot be assumed. Insurers have the right to challenge weak or inconsistent claims, while fraud allegations must be backed by strong proof, not just suspicions. Courts will not automatically apply res ipsa loquitur, reinforcing the importance of proving liability with facts, not assumptions.

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