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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...

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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/34895/1/ICLAS_1-_Naemah.pdf
http://irep.iium.edu.my/34895/4/ICLAS1_TentativeProgram_1ParallelSession__2_.pdf
http://irep.iium.edu.my/34895/
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spelling my.iium.irep.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 REM 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)
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
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/34895/1/ICLAS_1-_Naemah.pdf
http://irep.iium.edu.my/34895/4/ICLAS1_TentativeProgram_1ParallelSession__2_.pdf
http://irep.iium.edu.my/34895/
_version_ 1643610699085119488
score 13.211869

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