Thursday, April 4, 2013

City Hall liable for damage from potholes

Source: (By Ricky Yap, 3/4/2013)
Many road users in Kuala Lumpur are unaware that they can claim compensation from City Hall for vehicle damaged or injuries sustained in accidents caused by potholes and open manholes.
Segambut MP Lim Lip Eng disclosed this at a recent press conference in Taman City, near the Jalan Kuching low-cost housing flats.
Lim said City Hall's public liability insurance coverage policy paid out RM2 million to claimants last year. To make a claim, Lim explained, the victim must submit the full details of the incident accompanied by relevant documents.
"First, the claimant must write a letter of demand addressed to the mayor. The letter must state all the pertinent details , including the location, date and time of the incident," he said. Copies of the claimant's MyKad and driver's licence must be submitted, along with copies of the vehicle registration card and insurance policy cover note.
"In addition, it is imperative for the claimant to submit the original receipt or invoice for vehicle repair and medical treatment. The claimant must make sure to send the vehicle to a registered vehicle workshop, which the claimant can verify with the insurance company," he said.
Also required are before and after photos of the damaged vehicle and the person injured.
"Photos of the accident scene with a rough diagram or sketch of the location are needed, along with a copy of the police report and complete medical report."
Lim said it was highly advisable for those who had sustained injuries to seek treatment at a government hospital or clinic as the receipt would then be "indisputable. An optional document is a supporting letter from the wakil rakyat (elected representative) of the claimant's constituency," he said.
It takes at least three months for City Hall to process a claim but the claimant should call to check on progress every week.
"The claim must be submitted by hand by the victim or by next-of-kin to the mayor's office in Jalan Raja Laut. A copy should be forwarded to the Legal Department," said Lim, who strongly recommended that the submission be made soonest possible. "There is no limit to the amount one can claim, it is up to City Hall's insurance company to approve.
"There is, however, a statute of limitations for claims, which is three years from the date of the incident."

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