Rushing To Make Police Reports And Admitting Guilt Can Backfire

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THE ruling requiring tour operators to report all accidents within 24 hours to the Tourism, Arts and Culture Ministry (MOTAC) was like using a sledgehammer to crack a nut.
Although it showed that MOTAC is acting tough and cracking down hard on tourism players that may have been responsible for accidents resulting in injuries or even deaths, the ruling could inadvertently cause victims to suffer a double whammy.
While we ought to go all out to prevent or reduce the risks of accidents, we must also be ready to handle them well should they occur.
Hence the need for contingency plans, which are well thought out in advance and when level-headed, not in a state of panic in an emergency.
From 1983 to 2004, I set up and ran car rental businesses for five companies. Customers of hire and drive cars were told and reminded with instructions in the glovebox to contact me first and not rush to make a report at the police station immediately after a road accident.
Imagine a tipsy expat smelling of alcohol turning up at a police station in the middle of the night and trying to report what had happened when he was driving earlier.
If he was deemed to have been driving under the influence of alcohol, there will be no motor insurance cover.
Because of the prohibitively high premiums for comprehensive cover, large car rental companies insure their fleet under third-party cover.
The difference in annual premiums is more than enough to make up for the loss of stolen cars and also to pay for all repairs due to collision damage.
Car rental operators are wary of third-party claims, which can be high for property damage and astronomical for severe injuries and deaths.
They cannot afford to have the cover repudiated by insurance companies for not adhering to the terms and conditions of the motor insurance policy.
There are many terms and conditions that most drivers are not aware of and can easily be breached.
For example, after an accident, a clause in the insurance policy prohibits the admission of guilt or liability, negotiate or agree to any settlement without the insurer’s written consent.
This explains why heavy vehicle drivers would plead not guilty when charged in court for accidents that were clearly their fault and resulted in many injuries and deaths.
Understandably, the public would be baying for blood and demand that justice be swiftly served without delay.
But what good does it serve the victims if they are not compensated by the insurer, and the driver has no means to pay and the tour company closes down?
This could happen when the driver was disoriented by the tragedy and the tour operator clumsily rushed out a report within 24 hours.
In the aftermath of accidents, alleviating the sufferings of victims and their loved ones is paramount, not the court of public opinion or the interests or agendas of other parties that wish to be seen in control for good optics.
Instead, emergency response teams should be expanded to include counsellors who could communicate in the language of the victims and their loved ones, and advisors who could help in piecing together the necessary to make police reports, insurance claims and relevant information.
The last thing that is needed is rushing to make police reports and submitting information to the authorities which insurance companies can later access and exploit for repudiating claims.
Why prolong the sufferings of unfortunate victims with a double whammy?
YS Chan is master trainer for Mesra Malaysia and Travel and Tours Enhancement Course and an Asean Tourism Master Trainer. He is also a tourism and transport business consultant.

The views expressed are solely of the author and do not necessarily reflect those of  MMKtT.
- Focus Malaysia.

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