Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges

Experiences with the operation of the traditional tort law as a personal injury compensation mechanism have convinced many jurisdictions of its incapability to function as a fair, just and effective regime in addressing many of the concerns and plight of injured victims of motor vehicle accidents. I...

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Main Authors:	Nicholson, Charles, Amin, Naemah
Format:	Article
Language:	English
Published:	AENSI Publications 2014
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/39239/ http://irep.iium.edu.my/39239/ http://irep.iium.edu.my/39239/1/AJBAS_article.pdf

id	iium-39239
recordtype	eprints
spelling	iium-392392016-10-21T01:50:12Z http://irep.iium.edu.my/39239/ Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges Nicholson, Charles Amin, Naemah K Law (General) Experiences with the operation of the traditional tort law as a personal injury compensation mechanism have convinced many jurisdictions of its incapability to function as a fair, just and effective regime in addressing many of the concerns and plight of injured victims of motor vehicle accidents. In Malaysia, calls for reform of the civil justice system made in good faith from concerned individuals and consumer rights groups have existed since the early 1980s and they insisted for the replacement of present system with an appropriate statutory no-fault compensatory model. Under the new scheme benefits to the injured would be provided automatically regardless of who was responsible for the accident thus avoiding the need for costly and potentially stressful and lengthy litigation to obtain compensation. Social justice and community care for the beneficiaries of the scheme are the essence of modern no-fault systems which have taken precedence over conventional notions of individual responsibility and morality that underpin the present fault-based structures. Nonetheless the question arises whether the workability of the scheme in other jurisdictions would produce a similar impact in the Malaysian context. There are obviously a number of practical considerations that need to be taken into account before implementing an alternative compensation scheme. This article aims to examine some of the principal issues and challenges that are likely to be faced with the implementation of a no-fault compensatory model for injured road users. It also attempts to address several concerns and doubts as to the viability of implementing such a scheme in Malaysia. AENSI Publications 2014 Article PeerReviewed application/pdf en http://irep.iium.edu.my/39239/1/AJBAS_article.pdf Nicholson, Charles and Amin, Naemah (2014) Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges. Australian Journal of Basic and Applied Sciences, 8 (13). pp. 676-683. ISSN ISSN 1991-8178 http://www.ajbasweb.com/old/ajbas_August_2014.html
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Nicholson, Charles Amin, Naemah Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges
description	Experiences with the operation of the traditional tort law as a personal injury compensation mechanism have convinced many jurisdictions of its incapability to function as a fair, just and effective regime in addressing many of the concerns and plight of injured victims of motor vehicle accidents. In Malaysia, calls for reform of the civil justice system made in good faith from concerned individuals and consumer rights groups have existed since the early 1980s and they insisted for the replacement of present system with an appropriate statutory no-fault compensatory model. Under the new scheme benefits to the injured would be provided automatically regardless of who was responsible for the accident thus avoiding the need for costly and potentially stressful and lengthy litigation to obtain compensation. Social justice and community care for the beneficiaries of the scheme are the essence of modern no-fault systems which have taken precedence over conventional notions of individual responsibility and morality that underpin the present fault-based structures. Nonetheless the question arises whether the workability of the scheme in other jurisdictions would produce a similar impact in the Malaysian context. There are obviously a number of practical considerations that need to be taken into account before implementing an alternative compensation scheme. This article aims to examine some of the principal issues and challenges that are likely to be faced with the implementation of a no-fault compensatory model for injured road users. It also attempts to address several concerns and doubts as to the viability of implementing such a scheme in Malaysia.
format	Article
author	Nicholson, Charles Amin, Naemah
author_facet	Nicholson, Charles Amin, Naemah
author_sort	Nicholson, Charles
title	Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges
title_short	Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges
title_full	Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges
title_fullStr	Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges
title_full_unstemmed	Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges
title_sort	implementing a no-fault scheme for motor vehicle accidents in malaysia: issues and challenges
publisher	AENSI Publications
publishDate	2014
url	http://irep.iium.edu.my/39239/ http://irep.iium.edu.my/39239/ http://irep.iium.edu.my/39239/1/AJBAS_article.pdf
first_indexed	2023-09-18T20:56:21Z
last_indexed	2023-09-18T20:56:21Z
_version_	1777410330035486720

Implementing a no-fault scheme for motor vehicle accidents in Malaysia: issues and challenges

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