Thursday, May 17, 2007

Making That Police Report For A Motor Accident

There are three stage and processes involved in making a report regarding a traffic accident. Stage 1 is where all parties involved in the accident come forward to make a report together. Stage 2 involves police investigation on the parties and vehicles involved in the accident. Stage 3 is when the investigating documents for the accident is prepared.

Stage 1

Following Peruntukan Seksyen 52 Akta Penangkutan Jalan Raya 1987, every car accident must be reported to the police. All parties involved should go to the police station to lodge a report; either orally or by writing it themselves which the Investigating Officer writes down. The parties involved may also make a complaint through the phone by calling the nearest police station. The details of the accident will be noted down by the Officer-in-Charge. In the report, parties involved are to note down the scenario of the accident on a piece of paper that will be handed over at the police station to be made into an official police report.

Facts that need to be taken down when making a police report are:
pic_dot Date, time and place of accident (landmarks, etc)
pic_dot Parties involved (Car registration number, type and colour of vehicle)
pic_dot Other cars involved, victims (including deaths) and damaged public property
pic_dot

Information received from at least 5 witnesses before, during and after the accident (never make assumptions)

The report will be keyed in to the computer, saved and allocated a Police Report Number. A copy of the report is printed out and signed by the complainant. This would be brought with them when they go to see the Investigating Officer.

Stage 2

After the report has officially been lodged, the complainant will be referred to the Inspecting officer in charge of traffic cases. Investigations will proceed by making a voice recording, visitation to the scene of accident, full car check up and photographing the scene and vehicle. According to the law, a classification of the report is then made. The classification of the case depends on the facts at hand and data collected throughout the investigation.

'Refer to Insurance'
For less serious cases such as those that do not involve death or injury or only small damage on the car, the Investigating Officer will note down that further investigation is not necessary. It is thus classified as 'RTI' or Refer to Insurance to which the complainant may make a civil claim.

'Further Investigation' (Siasatan Lanjut)
For serious cases, a thorough investigation will be done and the case will be considered open. After all information and details of the injuries or death is recorded, the guilty party will be charged.

'Compounded convictions' (Mengkompaun kesalahan)
For crime that can be convicted, a summons will be sent to the guilty party involved. All summonses may be paid at any Traffic Counters C.O.P.S- Compound On Line Payment System.

'Attend Court' (Hadir Mahkamah)
If the summons is not paid, the guilty party is to attend court on the date stated in the summons notice.

Note: According to Section 104 Akta Pengangkutan Jalan 1987, it is the responsibility of every person involved in an accident (whether or not it is serious) to report it to their insurance company so that claims can be made accordingly.

Stage 3

A copy of the police report can be purchased with a small fee not later than 3 days after it has been filed. For other documents such as photographs, sketches and voice recordings, a copy of those can only be obtained depending on the status of investigations and logistics help. Any enquiries may be directed to the police station in the district where the report was filed.

If you are still unsure, it is best to make enquiries at your local police station. You may also refer to the Royal Malaysian Police website for more information.

No comments: