Major damage: Firemen and council workers removing a fallen tree along Macalister Road in Penang in this file photo. — CHAN BOON KAI/The Star
GEORGE TOWN: Motorists should ensure that their car insurance covers them against natural disasters, says the Federation of Motor and Credit Companies Associations of Malaysia (FMCCAM).
“If you just get the comprehensive insurance, then you are not protected against natural disasters.
ALSO READ: Onus on local councils to maintain trees, says former victim
“You need to get an add-on to your comprehensive insurance policy called perils,” said FMCCAM president Datuk Tony Khor.
Khor said the add-on does not cost much, usually rated at 0.23% of the vehicle’s value.
“It costs a few hundred ringgit more, depending on the price of the vehicle.
“This covers one’s vehicle against flood damage and other natural disasters nationally.
“I encourage people to get the add-on whenever they renew their policy,” he said.
A car towing and workshop owner, Chan Kok Hoe, who specialises in damaged vehicles, agreed, sharing his experience in assisting car owners over the past 10 years.
“If you are driving along the road and an uprooted tree suddenly fell on your car, some insurance companies recognise that as a road mishap and will compensate you.
“But if your car is parked somewhere and a tree falls on it during a storm, then it tends to be seen as a natural disaster.
“So I recommend that car owners add on insurance protection against natural disasters,” he said.
The bad news, said Chan, is that should a tree fall on your car, chances are that it will be totalled.
“Even if only your car roof looks dented, chances are high that your car chassis suffered structural damage.
“No amount of repairs can fix that. Your car might start wobbling dangerously when you drive it after repairs,” he said.
As for the prospect of suing over poor maintenance of roadside trees, lawyers were divided whether the local authorities could be held liable.
Lawyer Rueben Mathiavaranam said the local authorities were accountable when roadside trees maintained by them fell on people’s property.
“The local authority is responsible for maintenance of trees in public areas.
“They are duty-bound to check on the trees and maintain their stability.
“If there are unstable overhanging branches, it is their responsibility to remove them quickly.
“They cannot say they are not responsible when the branches break or the trees fall because of bad weather,” he said.
Rueben said victims had cause of action to file a civil suit against the local authorities and claim damages.
“This means you claim for whatever you paid the mechanic to fix your vehicle.
“This falls under special damages,” he said.
However, Rueben said if the mishap occurred on private property, the property owner was liable.
“The person who is injured or had their property damaged can file a civil suit against the property owners.
“If the person dies, their next of kin can file a suit.
“It falls under a law called occupier’s liability (a duty of care owed by those who occupy real property through ownership or lease to people on said property),” he said.
But another lawyer perceives empathy for local authorities and property owners, saying that uprooted trees during storms can be considered an “act of God” or force majeure.
Lawyer Ong Yu Shin said if the tree fell when there were no storms, then there could be a high chance that the courts would find the local authority negligent.
“If arborists find the fallen tree to be diseased and posed a public hazard, but the local authority had not taken action, then it could be deemed as negligence as well.
“If the local authority proves that it exercised due diligence in maintaining the roadside trees but they still fell during a storm, then an act of God can be ruled and the local authority might not be liable,” he said.
Since last Sunday, many roadside trees have fallen on cars and houses due to windy storms throughout the northern region and also Taiping.
As a result, many cars were damaged, two tourists from China lost their lives in Penang and two people were seriously injured in Kamunting, Perak.
