Letter To Insurer (T2)

IYLIA NADIAH & ASSOCIATES
ADVOCATES & SOLICITORS

PEGUAMBELA & PEGUAMCARA
Partners:
No 24, Tingkat 2,
Jalan Kota,
34000 Taiping, Perak
Tel: 05-8070291
Fax: 05-8070292
E-mail: iylianadiah.associates@yahoo.com
Legal Assistants:
CHUA JUN QUAN LL.B (Hons) MMU

KAMINI A/P RAMAMOORTHY LL.B (Hons) MMU
IYLIA NADIAH BINTI KHAIRUL AZHAR LL.B (Hons) MMU
NURUL AMIRAH BTE MOHD NIZAM LL.B (Hons) MMU
TINA MARINI BINTI MAHADI LL.B (Hons) MMU
SIM SHYR JINN LL.B (Hons) MMU
Mat bin Samad LL.B (MMU)

Ali bin Labu LL.B (MMU)
Ahmad bin Samat LL.B (MMU)
Your Ref: Please Advise

Our Ref: L/T2/2015/NAMN
Date: 12nd June 2015
Allianz General Insurance Company (Malaysia) Berhad
Suite 3A-15, Level 15, Block 3A
CONFIDENTIAL
Plaza Sentral, Jalan Stesen Sentral 5
Kuala Lumpur Sentral
50470 Kuala Lumpur
P.O Box 12485
50470 Kuala Lumpur
WITHOUT PREJUDICE
PRIVATE &
BY POST
Attention:
Dear Sirs,
Re: M/CAR ACCIDENT BETWEEN BBC 666 AND BED 753 DATED ON 5TH JUNE
2015 AT ____
Your Insured:
Mr Zarul
Insured Vehicles number:

Plaintiff:
BBC 666
Mr Zul
Plaintiffs Vehicle number:
BED 753
Date of Loss
5th June 2015
We refer to the matter above.
1.
We were instructed by our client, Mr Zul to claim for the damages sustained by our
client and his motor car bearing registration number BBC 666 which were caused by your
insured, Mr Zarul, motor car bearing registration number BBC 666.
2.
We enclosed herewith copies of the relevant documents we have in hand as follows:

i) Police report made by our client after the accident on 5th June 2016 no ____
ii) Police report made by your client after the accident on 5th June 2016 no ____
iii) A copy of plan of the site of the collision;
iv) A copy of estimated full repair cost;
v) Photographs of the motor vehicles damage;
vi) Medical report from Kuala Lumpur Hospital dated 6th June 2015;
vii) Medical report from Gleneagles Kuala Lumpur dated 7th June 2015
3.
Based on the documents made available to us, we set below our opinion on damages
and quantum for your kind consideration.

4.
The material facts of the case are as follows:
This is a personal injury claim instituted by the Plaintiff against the Defendant claiming for
damages resulting from an accident which occurred on 5.6.2015 at about 9.00 p.m. along the
North-South Plus highway in the direction of Kuala Lumpur involving the following
vehicles:
Report 2x
Liability
Overtaking + encroaching case
(conclusion percentage of the liability)
1) M/car bearing registration no. BBC 666 driven by the Defendant, MR. ZARUL
i.e. the insured driver; and
2) M/car bearing registration no. BED 753 ridden by the Plaintiff, MR. ZUL;
i.e the claimant
5.
The damage sustained by the vehicles are as follows:
Insureds m/car no. BBC The frontal severe crush all over and other damages are yet
666 :
to be determined.
[As per your insured drivers police report and
photographs]
Plaintiffs m/car no. BED The front bonnet, water tank and aircond, left rim, front
753 :
left light, front mirror, front bumper and other damages are
yet to be confirmed.
[As per the Plaintiffs police report and photographs]
My client had brought his to his usual mechanic, where they gave him an estimated amount
of RM 5,900 for full repair. We have attached a copy of the estimated full repair cost and also
another copy of the estimated prices of several mechanic workshops which the costs are not
that far off.
6.
Quantum:
Based on the medical report dated 6 th June 2015 from Kuala Lumpur Hospital, we would
assess the Plaintiffs injury as follows
1) Loss of consciousness
RM 5,000
(Thong Long Huat & Anor v Leong Kok Chai & Anor, [2016] 2
PIR [54], SC, and the Court awarded RM 5,000 due to loss of
consciousness. In our present case, we suggest RM 5,000 is fair and
reasonable to be awarded to our client)
RM 35,000
2) Open fracture distal end of the right tibia and fibula

(Mohamad bin Pawi & Anor v Ijas bin Dilah [2016] 1 PIR [19],
SC , and the Court awarded RM 35,000 due to open fracture distal
end of the right tibia and fibula. In our present case, we suggest RM
35,000 is fair and reasonable to be awarded to our client)
3) Multiple lacerations on face, legs and right hand
RM 8,000
(Sang anak Abui (suing through his wife and next friend, Mis anak
Ji'iam) v Jenuang anak Nirau & Anor [2016] 2 PIR [25],SC, and
the court awarded RM 8,000 due to multiple laceration wounds. In
our present case, we suggest RM 8,000 is fair and reasonable to be
4)
awarded to our client)

RM 10,000
Multiple abrasion wounds over face and arms

(Mohd Fadzil bin Saadon & Anor v Mohd Izaat bin Azaman &
Anor [2016] 1 PIR [65], SC, and the Court awarded RM 10,000 due
to multiple abrasion wounds over the face and forehead. In our
present case, we suggest RM 10,000 is fair and reasonable to be
awarded to our client)
RM 58,000
7.
Less 10% overlapping
RM 5,800
TOTAL
RM 52,200
Special Damages
1)
Cost of police reports and sketch plan & key

[Claimed at RM10.00]
Kindly allow at RM10.00 which we view is reasonable.
RM 10.00
2)
Cost of medical report from Hospital Kuala Lumpur

Kindly allow at RM80.00 as per receipt adduced
(Receipts no. 0735584027002 )
RM 80.00
3)
Cost of medical report from Gleneagles Kuala Lumpur

Kindly allow at RM80.00 as per receipt adduced
(Receipts no. 0029478200833 )
RM 80.00
4)
Cost of Insurance search

Kindly allow at RM10.00 as per receipt adduced.
(Receipt no. 010134911C8468)
RM 10.00
5)
Damage to clothing
[Claim is not stated]
RM 50.00
6)
Travelling expenses to Kuala Lumpur Hospital for follow up treatment

(RM50.00 x 8)
RM 400.00
7)
Travelling expenses incurred by the Plaintiffs family from home to

Hospital Kuala Lumpur at RM50.00 per day
Kindly reserve RM300.00 which we view is reasonable as the Plaintiff
was admitted to Hospital Kuala Lumpur six (6) days.
RM300.00
8)
Hospital bill including prescribed medicine

[Claimed at RM52,200.00]
Kindly allow at RM52,200.00 as per receipt adduced
Receipts no. 204302931102 )
RM 52,200
9)
Loss of actual income

(RM 2,500.00 x 12 months)
RM 30,000
10
)
Loss of future earnings

(RM 3,000 x 21 months)
RM 63,000
11) Cost of repair of motorcar

Based on estimated amount of several mechanics workshop
RM 5,900
TOTAL
8.
Conclusion
In summary, we quantify the Plaintiffs claim as follows:

Quantum
RM
152,030
General Damages :
RM 52,200.00
Special Damages :
RM 152,030.00
Total Amount
RM 204, 230
We look forward to receive your instructions.
Thank you.
Yours faithfully,
_________________________
Iylia Nadiah & Associates

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IYLIA NADIAH & ASSOCIATES

ADVOCATES & SOLICITORS

CHUA JUN QUAN LL.B (Hons) MMU

Mat bin Samad LL.B (MMU)

Your Ref: Please Advise

Insured Vehicles number:

Plaintiffs Vehicle number:

5th June 2015

We refer to the matter above.

We enclosed herewith copies of the relevant documents we have in hand as follows:

and quantum for your kind consideration.

The material facts of the case are as follows:

The damage sustained by the vehicles are as follows:

2) Open fracture distal end of the right tibia and fibula

awarded to our client)

Multiple abrasion wounds over face and arms

Less 10% overlapping

Cost of police reports and sketch plan & key

Cost of medical report from Hospital Kuala Lumpur

Cost of medical report from Gleneagles Kuala Lumpur

Cost of Insurance search

Travelling expenses to Kuala Lumpur Hospital for follow up treatment

Travelling expenses incurred by the Plaintiffs family from home to

Hospital bill including prescribed medicine

Loss of actual income

Loss of future earnings

11) Cost of repair of motorcar

In summary, we quantify the Plaintiffs claim as follows:

We look forward to receive your instructions.

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