GEORGE TOWN: Motorists ought to be sure that their automotive insurance coverage covers them in opposition to pure disasters, says the Federation of Motor and Credit score Firms Associations of Malaysia (FMCCAM).
“When you simply get the great insurance coverage, then you aren’t protected in opposition to pure disasters.
“That you must get an add-on to your complete insurance coverage coverage known as perils,” mentioned FMCCAM president Datuk Tony Khor.
Khor mentioned the add-on doesn’t value a lot, normally rated at 0.23% of the automobile’s worth.
“It prices a couple of hundred ringgit extra, relying on the value of the automobile.
“This covers one’s automobile in opposition to flood harm and different pure disasters nationally.
“I encourage folks to get the add-on at any time when they renew their coverage,” he mentioned.
A automotive towing and workshop proprietor, Chan Kok Hoe, who specialises in broken automobiles, agreed, sharing his expertise in aiding automotive house owners over the previous 10 years.
“In case you are driving alongside the street and an uprooted tree abruptly fell in your automotive, some insurance coverage firms recognise that as a street mishap and can compensate you.
“But when your automotive is parked someplace and a tree falls on it throughout a storm, then it tends to be seen as a pure catastrophe.
“So I like to recommend that automotive house owners add on insurance coverage safety in opposition to pure disasters,” he mentioned.
The unhealthy information, mentioned Chan, is that ought to a tree fall in your automotive, likelihood is that it is going to be totalled.
“Even when solely your automotive roof seems to be dented, likelihood is excessive that your automotive chassis suffered structural harm.
“No quantity of repairs can repair that. Your automotive may begin wobbling dangerously whenever you drive it after repairs,” he mentioned.
As for the prospect of suing over poor upkeep of roadside bushes, legal professionals have been divided whether or not the native authorities could possibly be held liable.
Lawyer Rueben Mathiavaranam mentioned the native authorities have been accountable when roadside bushes maintained by them fell on folks’s property.
“The native authority is chargeable for upkeep of bushes in public areas.
“They’re duty-bound to test on the bushes and keep their stability.
“If there are unstable overhanging branches, it’s their duty to take away them shortly.
“They can not say they aren’t accountable when the branches break or the bushes fall due to unhealthy climate,” he mentioned.
Rueben mentioned victims had reason behind motion to file a civil go well with in opposition to the native authorities and declare damages.
“This implies you declare for no matter you paid the mechanic to repair your automobile.
“This falls below particular damages,” he mentioned.
Nevertheless, Rueben mentioned if the mishap occurred on non-public property, the property proprietor was liable.
“The one that is injured or had their property broken can file a civil go well with in opposition to the property house owners.
“If the particular person dies, their subsequent of kin can file a go well with.
“It falls below a regulation known as occupier’s legal responsibility (an obligation of care owed by those that occupy actual property by possession or lease to folks on mentioned property),” he mentioned.
However one other lawyer perceives empathy for native authorities and property house owners, saying that uprooted bushes throughout storms might be thought-about an “act of God” or pressure majeure.
Lawyer Ong Yu Shin mentioned if the tree fell when there have been no storms, then there could possibly be a excessive probability that the courts would discover the native authority negligent.
“If arborists discover the fallen tree to be diseased and posed a public hazard, however the native authority had not taken motion, then it could possibly be deemed as negligence as properly.
“If the native authority proves that it exercised due diligence in sustaining the roadside bushes however they nonetheless fell throughout a storm, then an act of God might be dominated and the native authority may not be liable,” he mentioned.
Since final Sunday, many roadside bushes have fallen on vehicles and homes as a consequence of windy storms all through the northern area and likewise Taiping.
In consequence, many vehicles have been broken, two vacationers from China misplaced their lives in Penang and two folks have been critically injured in Kamunting, Perak.
