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Claim Declined For Accident Due To Using A Mobile Phone

Claim Declined For Accident Due To Using A Mobile Phone Blog

If you’re using the mobile phone while driving, it is an offense. But not only the Malaysian law requires you to pay a fine if you get caught using your smartphone behind the wheel, that is also irresponsible. You are putting at risk yourself and everyone else around you. What if you participated in an accident while you were using a mobile phone? For example, you could have been driving slowly and checking messages on your smartphone. Another vehicle hit you from behind, which means you are technically not to blame. The question is whether the insurance company has the right to decline your accident claim if you were using a mobile phone. Our short answer would be yes, and the explanation follows below.

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Why Does The Insurance Company Refuse To Pay For The Damages?

If we look at the past cases, there were multiple situations where the insurance company refused to pay for the damages. They used the driver using their mobile phone as the reason for their action. As an explanation, they offered that the insurance owner (driver) didn’t take reasonable measures to prevent the damage from happening in the first place. A simple explanation would be that the insurance company established that you were negligent. If you took precautions expected from you, the vehicle might not have been damaged at all. Not using a mobile phone is among the reasonable actions you should take while behind the wheel.

How Can They Confirm That I Used A Mobile Phone?

While completing a police report, the driver might admit that they used a mobile phone at the moment of the accident. A police officer might have entered that in the report after talking to everyone who participated in the incident. The driver of another vehicle could notice that you were using a smartphone and mentioned that in the report.

What Should I Do When An Insurance Company Rejects My Claim?

Here are some steps that you should consider after receiving a rejection notification:

  • Read the details of why they rejected your claim.
  • Analyze the existing documentation carefully and compare it with the rejection letter.
  • Try to identify if you have any grounds to write a complaint.
  • You can write a formal complaint letter to the insurance company where you claim that you’ve been wrongfully rejected.
  • It is possible to get an independent assessment of your case. If you feel you are right, you can consider contacting an Ombudsman Service or taking the matter to court.

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It is worth noting that the Malaysian law indicates you can use a mobile phone while driving. According to the official documents, even an attempt to use a handheld device while behind the wheel is prohibited. The only way you can use communication devices is via a hands-free setup. The insurance companies suggest that the driver’s recklessness or carelessness is why the participants couldn’t avoid the accident. That is why they refuse to pay for the damage. If the insurance agency denied your claim because you used a phone while driving, you should pay more attention in the future. Using handheld devices is dangerous not only for drivers but also for passengers and everyone else around the vehicle. That is why you should use hands-free equipment or completely avoid interaction with your smartphone while driving.

Nick Lai
the authorNick Lai
Founder & CEO of NickMetrics Group

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