The Demand Letter To Uninsured Motorist is a critical legal document used in Malaysia when seeking compensation from a motorist who was driving without valid insurance coverage at the time of an accident. This document is typically prepared after confirming the other party's uninsured status and gathering all necessary evidence, including police reports, medical records, and damage assessments. It serves as a formal notice under Malaysian law, particularly in compliance with the Road Transport Act 1987 and pre-action protocols. The letter must be comprehensive yet precise, including accident details, quantum of damages, and a clear deadline for response, as it may later serve as evidence in court proceedings if the demand remains unsatisfied. This document is especially important in the Malaysian context where, despite mandatory insurance requirements, cases of uninsured motorists still occur, leaving victims to pursue direct claims against the responsible parties.
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1. Sender's Details: Full name, address, and contact information of the sender or their legal representative
2. Recipient's Details: Full name and last known address of the uninsured motorist
3. Accident Details: Date, time, location, and brief description of how the accident occurred
4. Legal Basis: Reference to relevant sections of Malaysian law establishing the legal basis for the claim
5. Damages Description: Detailed breakdown of all damages being claimed (property damage, personal injury, medical expenses, etc.)
6. Monetary Demand: Clear statement of the total amount being demanded, including how this amount was calculated
7. Payment Terms: Specified timeframe for payment and acceptable payment methods
8. Legal Action Warning: Statement indicating intent to pursue legal action if demand is not met within the specified timeframe
1. Witness Information: Include when witnesses to the accident are available to support your claim
2. Police Report Reference: Include when a police report was filed, providing the report number and investigating officer's details
3. Medical Report Summary: Include when claiming for personal injuries, summarizing medical diagnoses and treatments
4. Loss of Income Claim: Include when the accident has resulted in loss of income or earning capacity
5. Previous Correspondence: Include when there has been prior communication with the uninsured motorist about the accident
1. Schedule A - Photographic Evidence: Photographs of vehicle damage, accident scene, and injuries
2. Schedule B - Medical Records: Copies of medical reports, bills, and treatment records
3. Schedule C - Repair Estimates: Workshop estimates or invoices for vehicle repairs
4. Schedule D - Police Report: Copy of the police report filed after the accident
5. Schedule E - Evidence of Loss: Documentation supporting any claimed financial losses, including pay slips for loss of income claims
6. Schedule F - Witness Statements: Written statements from witnesses to the accident
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