She cannot drive. She did not buy the tyres. Yet an insurer says she should pay her father's ninety per cent. The law, and four jurisdictions, say otherwise.
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A three-year-old survives a fatal crash. Four doctrines collide. Some lawyers might confuse them. Here is how not to.
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Who says that a third party victim of an accident, "cannot claim for property damage"? Would the Constitution treat personal injury as different from damage to a victim's property just because a statute ignores constitutional rights?
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The insurer says the device is unregistered, so it need not pay. The law replies: notwithstanding any written law, it must.
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He crippled his wife, then nursed her for years — now his insurer calls that kindness a reason not to pay.
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An insurer raced to the High Court for a declaration that it owed nothing — before the trial court had decided whether its rider was even in the accident. It won. The victim then won his trial. Two judgments, one collision, and a paper judgment not worth the paper it is printed on. The Federal Court called it a serious error of law and fact — and a breach of ...
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A car sold on a handshake in 2007. A register never told. A crash in 2014. The insurer said the policy died with the sale; the Federal Court read the statute and found the promise still standing exactly where Parliament had left it.
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Unendorsed by the highest court, the 'commonality' doctrine's crumbling bones still haunt Malaysian roads. Should they not be buried altogether?
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For the first time in ninety years, we are asking the right questions in the right order. Under s.96(2)(a) RTA 1987, must an accident victim personally notify the insurer before suing — or does that duty lie elsewhere? Ten questions, and the answers a century of Commonwealth law has been quietly supplying.
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The number of motor vehicle accidents have increased alarmingly. Over almost a century, a set of laws evolved. They protect and – even compensate – road accident victims. In Malaysia, this set of laws are in the Road Transport Act 1987 and the Financial Services Act 2013.
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