Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality

The present tort compensation scheme which has been widely adopted in common law jurisdictions to address the financial needs of injured victims has been found to be riddled with deficiencies. In focusing on negligence and causation as the foundation of liability, the adversarial system of the law h...

Full description

Bibliographic Details
Main Authors:	Amin, Naemah, Nicholson, Charles
Format:	Conference or Workshop Item
Language:	English English
Published:	2013
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/34895/ http://irep.iium.edu.my/34895/1/ICLAS_1-_Naemah.pdf http://irep.iium.edu.my/34895/4/ICLAS1_TentativeProgram_1ParallelSession__2_.pdf

id	iium-34895
recordtype	eprints
spelling	iium-348952015-08-18T07:15:58Z http://irep.iium.edu.my/34895/ Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality Amin, Naemah Nicholson, Charles K Law (General) The present tort compensation scheme which has been widely adopted in common law jurisdictions to address the financial needs of injured victims has been found to be riddled with deficiencies. In focusing on negligence and causation as the foundation of liability, the adversarial system of the law has been strongly criticized as, failing to provide fitting and timely compensation, requiring injured claimants to go through difficult, stressful and long, drawn out litigation procedures coupled with significant legal fees and administrative costs. Concern over tort’s effectiveness as an appropriate personal injury compensation mechanism for victims of motor vehicle accidents and the realization that the traditional tort system developed in the days of the horse and carriage was never contemplated to address contemporary issues facing accident victims, a number of common law jurisdictions have initiated significant departures from the system and have moved in the direction of adopting an alternative no-fault compensatory model where all persons injured in road accidents obtain compensation regardless of establishing fault thus shifting the focus on the needs of the injured victim rather than on one’s culpability. These modern compensation schemes are premised on the philosophy of community responsibility, social justice and public benefit. This paper surveys the failings of current system of civil liability in the tort of negligence for motor vehicle accidents and undertakes a comparative analysis to evaluate the arguments in support of the introduction of such a scheme in Malaysia, its viability and challenges. 2013 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/34895/1/ICLAS_1-_Naemah.pdf application/pdf en http://irep.iium.edu.my/34895/4/ICLAS1_TentativeProgram_1ParallelSession__2_.pdf Amin, Naemah and Nicholson, Charles (2013) Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality. In: International Conference of Law and Society 1 (ICLAS 1), 15-17 Feb 2012, Universiti Muhammadiyah Jogjakarta Indonesia. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General)
spellingShingle	K Law (General) Amin, Naemah Nicholson, Charles Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality
description	The present tort compensation scheme which has been widely adopted in common law jurisdictions to address the financial needs of injured victims has been found to be riddled with deficiencies. In focusing on negligence and causation as the foundation of liability, the adversarial system of the law has been strongly criticized as, failing to provide fitting and timely compensation, requiring injured claimants to go through difficult, stressful and long, drawn out litigation procedures coupled with significant legal fees and administrative costs. Concern over tort’s effectiveness as an appropriate personal injury compensation mechanism for victims of motor vehicle accidents and the realization that the traditional tort system developed in the days of the horse and carriage was never contemplated to address contemporary issues facing accident victims, a number of common law jurisdictions have initiated significant departures from the system and have moved in the direction of adopting an alternative no-fault compensatory model where all persons injured in road accidents obtain compensation regardless of establishing fault thus shifting the focus on the needs of the injured victim rather than on one’s culpability. These modern compensation schemes are premised on the philosophy of community responsibility, social justice and public benefit. This paper surveys the failings of current system of civil liability in the tort of negligence for motor vehicle accidents and undertakes a comparative analysis to evaluate the arguments in support of the introduction of such a scheme in Malaysia, its viability and challenges.
format	Conference or Workshop Item
author	Amin, Naemah Nicholson, Charles
author_facet	Amin, Naemah Nicholson, Charles
author_sort	Amin, Naemah
title	Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality
title_short	Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality
title_full	Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality
title_fullStr	Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality
title_full_unstemmed	Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality
title_sort	adopting a no-fault compensation scheme for motor vehicle accidents in malaysia: a myth or reality
publishDate	2013
url	http://irep.iium.edu.my/34895/ http://irep.iium.edu.my/34895/1/ICLAS_1-_Naemah.pdf http://irep.iium.edu.my/34895/4/ICLAS1_TentativeProgram_1ParallelSession__2_.pdf
first_indexed	2023-09-18T20:50:10Z
last_indexed	2023-09-18T20:50:10Z
_version_	1777409941323120640

Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality

Similar Items