How will drink-driving compensation scheme prevent double payment, asks MP

Bukit Gelugor MP Ramkarpal Singh wanted to know whether a standard formula would be used or if each case would be assessed separately. KUALA LUMPUR: An MP has asked how the government intends to prevent victims of drink-driving accidents from receiving double compensation if they are paid under the proposed amendments to the Road Transport Act 1987 and later win damages in a civil suit.

“How will the government ensure victims do not receive double compensation without affecting their rights to claim fair damages?” asked Ramkarpal Singh (PH-Bukit Gelugor) while debating the 2027 budget in the Dewan Rakyat.

While he welcomed plans to amend the law to make drivers convicted of serious offences compensate accident victims or their families, Ramkarpal asked how compensation amounts would be determined and whether medical bills, lost income, permanent injuries and long-term care needs would be considered.

He also wanted to know whether a standard formula would be used or if each case would be assessed separately.

Speaking to FMT later, Ramkarpal clarified that he was seeking clarification on how the proposed system would work, rather than expressing an opinion on it.

At present, victims of accidents caused by drivers under the influence of drugs or alcohol can seek compensation through insurance claims or by suing those responsible.

Through a civil suit, victims can claim compensation for medical bills, lost income, long-term care and other losses. If both sides cannot agree on an amount, the court decides the sum payable.

Existing law also allows courts to order convicted offenders to compensate victims if prosecutors request it. Victims can still sue for damages, but any compensation already paid under the criminal case is taken into account to prevent double payment.

The proposed changes to the Road Transport Act aim to make compensation part of the criminal case against the driver, allowing victims to seek payment without filing a separate civil suit.

In July, transport minister Loke Siew Fook said the proposed scheme would not affect victims’ rights to make insurance claims or sue for damages. He said judges would determine compensation based on victims’ injuries and losses, as well as the offender’s ability to pay.

Earlier today, Loke also told the Dewan Rakyat that the government was studying whether it could seize the assets of motorists convicted of serious traffic offences who failed to compensate road accident victims and their families.

He said the government was also considering whether offenders who failed to pay could face heavier fines or jail terms under other laws.