How will drink-driving compensation scheme prevent double payment, asks MP

Bukit Gelugor MP Ramkarpal Singh inquired about the proposed drink-driving compensation scheme's mechanism to avoid double payments. Concerned that victims might receive funds twice if they qualify for compensation under both the amended Road Transport Act 1987 and a civil suit, the politician posed the question during a debate on the 2027 budget in the Dewan Rakyat.

While supporting the plan to compel serious offenders to pay victims, Ramkarpal Singh sought clarification on how compensation amounts would be calculated and whether a uniform formula would be applied or if each case would be evaluated individually. He clarified that his inquiry aimed to understand the system's workings, not to voice any opinion on the proposed legislation.

Currently, victims of accidents caused by drunk or drug-impaired drivers can seek compensation via insurance claims or by filing a civil lawsuit against the at-fault party. If no agreement is reached, a court decides the amount payable. Existing law permits courts to order convicted offenders to compensate victims if prosecutors ask for it.

Despite this, victims can still sue for damages, with any compensation already paid in the criminal case deducted to prevent double compensation. The amendments to the Road Transport Act aim to integrate compensation claims into the criminal proceedings against the driver, allowing victims to seek payment without initiating a separate civil suit.

In July, Transport Minister Loke Siew Fook assured that the proposed system would not affect victims' rights to make insurance claims or sue for damages. Judges would determine compensation based on victims' injuries, losses, and the offender's ability to pay, according to Loke. The government is also exploring whether it can seize the assets of motorists convicted of serious traffic offenses who fail to compensate accident victims and their families.

Furthermore, prosecutors may consider imposing heavier fines or jail terms for offenders who refuse to pay under other laws.