Sue company, not driver

TS,Thursday 4 November 2010 

The reports on the recent bus crash at Genting Sempah have exposed wide spread ignorance on insurance covers for passengers travelling in buses and taxis. 

In addition to the mandatory third party cover for all motor vehicles in Malaysia, passenger risk covers are also compulsory for public service vehicles which include buses and taxis. 

Should there be an accident, passengers are usually required to sue the driver at fault in order to obtain compensation commensurate with the injuries and associated losses. 

For example, if a runaway lorry were to smash into a stationary bus, the injured passengers will have to make a third- party claim against the lorry driver. When both the lorry and the driver are properly licensed and insured, then the chances of getting compensation from the insurance company are high. 

Likewise, if no other vehicles are involved in an accident, the injured passengers will have to sue the bus driver and the passenger risk cover is only valid if the driver has both the driving licence for heavy vehicle and a Public Service Vehicle (PSV) licence. 

In addition to this, the driver must not be driving under the influence of drugs or alcohol. 

A successful suit against the unlicensed bus driver of the Genting Sempah accident will at most make him a bankrupt as the insurance company is likely to repudiate the claim. As such, the money can be better utilised on the victims instead of on legal fees, and creating false hopes. 

However, suing the bus operator can create a rippling effect as the publicity can help ensure that all bus and taxi operators will verify the authenticity of drivers’ licences and also closely monitor their expiry dates. 

Another area of importance but rampantly neglected is the renewal of PSV licences. Many drivers do not undergo the brief check-up by a medical practitioner but instead buy pre-signed forms for renewal. 

The Road Transport Department has rightfully stipulated that PSV drivers must pass a basic health test annually but allow it to be easily circumvented. 

As a result, we have many commercial vehicle drivers which include goods carrying vehicles, such as lorries, driving around like a time bomb. 

Plying the roads and highways is certainly a risky job. Sitting behind the wheel almost motionless all day also make these drivers unhealthy. 

Those who drink sufficient water will have to suffer the inconvenience of making frequent rest stops. To do otherwise will result in dehydration, which also causes sleepiness. 

Responsible operators should have group insurance for all their drivers such as Personal Accident Insurance which covers injuries for a specific amount and easily claimed without having to establish fault. 

It would be prudent for large transport operators to provide adequate medical cover which include illness for all their drivers. Smaller operators should form a consortium for group insurance. 

Such group insurance schemes are not applicable to unnamed passengers in buses and taxis. 

YS Chan 

Kuala Lumpur