Experts urge clear rules for seizing assets of drunk drivers [WATCH]

KUALA LUMPUR: Experts have called for clear guidelines to seize assets of alcohol- or drug-impaired drivers who fail to compensate their crash victims. Universiti Putra Malaysia Road Safety Research Centre head, Associate Professor Dr Law Teik Hua, stressed that such procedures must protect third parties and allow offenders to challenge seizures considered excessive.

Judicial discretion is crucial to assess offenders' financial circumstances and distinguish genuine hardship from evasion attempts. The government should establish a formal compensation mechanism within criminal proceedings, where courts determine payment amounts based on crash severity, damage, and case circumstances. Law suggested requiring offenders to declare assets, setting realistic payment schedules and deadlines, and implementing enforcement measures for compliance.

Transport Minister Anthony Loke announced the government was drafting such measures to strengthen the Road Transport Act, proposing asset seizures and longer jail terms for offenders who fail to pay. Loke emphasized that both asset seizure and extended imprisonment must be applied together to deter offences and compensate victims or their families.

Asset recovery could provide financial restitution to crash victims, while additional jail terms would penalize non-compliant offenders. However, determining genuine inability to pay could be difficult, particularly if assets are transferred, concealed, or jointly owned. The government should consider creating a victim compensation fund to provide interim payments to victims and bereaved families while pursuing asset recovery.

Insurance companies should coordinate payments with the compensation process to prevent duplication and minimize delays.