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Ely
Ely, Counselor at Law
Category: Legal
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My friend banged a taxi with no bodily injured, accidentally,

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My friend banged a taxi with no bodily injured, accidentally, near her home. She then stopped her car alongside of a road wanted to negotiate with the taxi driver. She hot down from her car and found that the taxi was not there (maybe went on to drop off customer). Due to shock, she drove off immediately. Then after a while she drove back home. She found no taxi was waiting for her alongside the road to her home, she went home without making police report. Is this considered hit and run? What is the consequences in Malaysia, if the taxi driver went on and made a police report? Thank you
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your friend's situation. JustAnswer does not currently have experts from Malaysia online. I am from the USA, but can answer your question. Would this be acceptable?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

Yes acceptable

Thank you.

Is your friend a Malaysian local, or, a foreign citizen?
Customer: replied 3 years ago.

Local citizen

Thank you for your reply.

Since the other vehicle also drove off, it is unlikely that this would be a hit and run for your friend, although it may be for the other party - red on.

When there is an accident, it should be reported to the police. This is normally done within 24 hours, and your friend may wish to do this as soon as possible, especially if they wish to file a civil claim later on.

The police take about 1.5 months to investigate the accident, and will issue a compound to the party that they find to be in the wrong. If it is deemed to have been the taxi's fault, then the police will notify your friend via letter of the decision and inform your friend that your friend can initiate a direct claim against the taxi driver. Rule/Sek Kaedah R17(A) LN166/59 and SEK 52(2) APJ. Of course, if it is found to be your friend's fault, you will receive a compound citation.

If your friend has witnesses to the report, this witness should also include a statement with the original complaint.

I hope this helps and clarifies. Good luck.

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Customer: replied 3 years ago.

What if my friend does not make any police report? And in the event that if the taxi driver make a police report? Will the compound be in the form of fine of penalties or court order? Will it lead to imprisonment if my friend plead guilty upon court hearing?


 


In your professional knowledge, is there anyway for the taxi driver to locate my friend just with the car number plate?


 


Thank you for your advice.

What if my friend does not make any police report? And in the event that if the taxi driver make a police report?

Then while the police will still investigate going off the taxi's report, the taxi's report may be skewed to favor their version. Also, whoever files a complaint first will naturally seem more trustworthy. Ergo, it is in your friend's interest to file first, to "stop" the other party from being first, making your friend seem more trustworthy and increasing the likelihood that the police will find in his favor.

Will the compound be in the form of fine of penalties or court order?

Penalty - financial.

Will it lead to imprisonment if my friend plead guilty upon court hearing?

Highly unlikely unless a party was severely hurt and severe disregard for the rules of the road was found to have happened.

In your professional knowledge, is there anyway for the taxi driver to locate my friend just with the car number plate?

I am afraid so. If there is a license plate number, then either party can trace that number. So they can find your friend if needed.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 3 years ago.

Thanks for your advice.


 


1 last question, if there was no report made by my friend but the taxi driver made the report with the number plate info, does this lead to criminal offense?


 

Thanks for your advice.

You are most welcome.

1 last question, if there was no report made by my friend but the taxi driver made the report with the number plate info, does this lead to criminal offense?

Not necessarily. While the taxi driver's report may then hold more sway, the police are still going to investigate it from a neutral point of view. If it is clear that your friend was not at fault, then he should not be deemed criminally liable. Of course, filing a report helps with this as it shows that your friend is not hiding from anything and instead went to the police themselves - this helps as it shows that your friend's report holds merit and may be more convincing than the taxi driver's report.

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Customer: replied 3 years ago.

Sorry, what if my friend was at fault and she did not make any police report, instead the taxi driver does so; will my friend be criminally liable and will the consequence be still penalty in the form of financial?

Hello,

If so, then your friend may very well be held liable, although again the penalties here are financial unless major injury occurred and/or major disregard for the rules of the road are found.

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