Cover Image

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

Saved in:
Bibliographic Details
Main Authors: Amin, Naemah, Nicholson, Charles
Format: Article
Language:English
Published: IISTE 2013
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/30574/1/5538-7647-1-PB.pdf
http://irep.iium.edu.my/30574/
http://www.iiste.org/Journals/index.php/JLPG/article/view/5538
Tags: Add Tag
No Tags, Be the first to tag this record!
id my.iium.irep.30574
record_format dspace
spelling my.iium.irep.305742014-07-24T01:37:18Z http://irep.iium.edu.my/30574/ 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. IISTE 2013 Article REM application/pdf en http://irep.iium.edu.my/30574/1/5538-7647-1-PB.pdf Amin, Naemah and Nicholson, Charles (2013) Adopting a no-fault compensation scheme for motor vehicle accidents in Malaysia: a myth or reality? Journal of Law, Policy and Globalization, 13. pp. 1-11. ISSN 2224-3240 http://www.iiste.org/Journals/index.php/JLPG/article/view/5538
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language 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 Article
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?
publisher IISTE
publishDate 2013
url http://irep.iium.edu.my/30574/1/5538-7647-1-PB.pdf
http://irep.iium.edu.my/30574/
http://www.iiste.org/Journals/index.php/JLPG/article/view/5538
_version_ 1643609899598348288
score 13.211869

Similar Items