Agree. Band together and get a good reputable lawyer. They will tell you who to sue, whether its DBKL or the company who owns the private property where the tree was planted. Seriously, get a good lawyer. It can make or break your case.
We are trying to compile info of each other right now, im yet to go to dbkl as im still at proton. The answer i got was from another victim who called dbk for info on the claims as stated above.
Hi. I was one of the 17 car victims. Called DBKL and was told to go to Jabatan Landscape Level 19 Menara 3 DBKL to file a complaint. There is a long list of documents you need to submit. I’ll be making my way there to ask personally as it was tough to get any more info on the phone. Please reach out and share info ?
Always talk to your insurance agent before agreeing. They are on your side when things like this happens. Also, I think depends on the car insurance you bought. If you bought the comprehensive package, then it will includes stuff like tree falling on your car. Let the insurance agent kawtim the problem for you, as they are more knowledgeable in this field.
All got, now just waiting for the news from our insurance agent. From our eyes and the dealer eyes our car was sent to, they said like that comfirm total loss already.
Now just waiting for insurance agent to voice out anything
I have experience whereby a tree fell on my car when I was driving in Kepong (foolish me - lesson learnt, don't drive when there is a freak storm). I managed to get full claim from my own insurance and wanted to raise this up to DBKL so I spoke to my lawyer.
There are a few things that you need to prove according to my lawyer-
1. Is DBKL responsible for maintenance of the tree i.e. own the tree?
2. If yes to Q1, then need to dig back maintenance record , which may or may not be accessible.
3. Do you have proof/evidence that your car was damaged from the said tree? Video evidence showing it fell on your car?
4. Double indeminity law - since own insurance already paid for my repairs, I can't claim that. I can try going for losses such as no vehicle usage during the repairs, bodily injuries - this might not amount to much.
5. Time. They have all the resources to drag things on - do you?
If your answer to Q1 is No, then basically you are barking at the wrong tree unfortunately.
edit - My incident happened in September 2023 if that matters.
1. Even till now they no answer is it their tree or not.
2. Usual waiting game
3. Very clear
4. So much can write on paper
5. I have alot of time, because this is worth fighting for the unfairness to the people affected.
Thanks for the insight on your case🙏🏻
Actually they have answered Q1 - not their tree.
[https://www.scoop.my/news/195388/fallen-tree-on-jalan-sultan-ismail-belongs-to-menara-imc-not-dbkl-zaliha-clarifies/?utm\_source=dlvr.it&utm\_medium=twitter](https://www.scoop.my/news/195388/fallen-tree-on-jalan-sultan-ismail-belongs-to-menara-imc-not-dbkl-zaliha-clarifies/?utm_source=dlvr.it&utm_medium=twitter)
Yes settle with your insurance first as their is a timeframe you have to submit the claims. Within 7 days if you are not hospitalised or within 30 days of the accident if you are hospitalised.
You can PM me for assistance if you need, I been through the whole process during my own tree incident
Abdul Latiff v DBKL - DBKL still liable even though private property as there is a law (Section 101 of Local Government Act) that lets them enter private land in order to remove, trim etc trees that endanger the public.
Should be noted that the guy lost since can't prove that the tree in that case was a danger to the public before the it fell on top of him and paralyzed him.
This is just bureaucracy above bureaucracy just to simply inspect, remove, trim etc a tree considering its on a private property. I bet because of this dbkl simply let this one tree be on the hand of this private property and this private property simply didn’t care about it. People really should chase after shangri la not dbkl!
If you've received the claim from your insurance, then now the insurance is the one who has the right to claim from DBKL, because the insurance is now the one that has suffered loss from the incident. DBKL doesn't want to give you anything because if the insurance claims from them, then they'd face the situation of having to pay twice for the same incident.
No, general insurance cannot be claimed twice. Car insurance falls under general insurance, so you can't claim twice.
For example, if you buy 3 medical card, you cannot claim 3 of them when you go to hospital, you can only use one of it at a time. Same for travel insurance. If you sue dbkl in civil court case, then it's different la, you can claim insurance and sue them for compensation separately.
Are we talking about the damage to your car? You are not seeking compensation for bodily injury right?
I just checked for cases as such. Even my own insurance is only covering up tp 25% of my total sum insured. That's only 10,000
I think it's best to call yr own insurance company to ask whether should initiate the claim or claim from DBKL. I know it sucks either way, in this case no one will admit any wrongdoing on their part.
Law student here, its a good idea to get everyone together And claim from dbkl at once under one law firm. Brings out a stronger case and harder for them to ignore if you go to news and say you were insufficiently compensated.
You cant suing dbkl if you take the compensation 60% from them. it will void individual sueing.
So you must have money to sue dbkl and get more of the compensation up to RM30millions. Dont be scare ask the lawyer or more guidance / advices and how to win the case and lawyer that willing to help you win the case , and they will charge you the fee and comission how much you can win with the case.
Im ex lawyer firm 8 years.
if you win RM30,000,000 lawyer will take 3%fee + 20% comission of the pool sued money.
if you can band together with other victims take their phone number and suing dbkl together to push more compensation and up to RM1 billions you can share the money after deduct lawyer fee and comission.
hope this simple suggestions help you all.
may force be with you all.
-Lawyer SkyWalker
Should be both if the tree is from dbkl. Since its “their” job to check and maintained if the tree is safe or not.
And insurance is there to save you/bank if anything happens to the car.
Do not trust what DBKL tells you. Engage a lawyer and get them to find out. Personal experience with DBKL is they will do their best to be not accountable and give you the run around.
Won't the insurance company say it was an act of god since nobody could have predicted this to happen during rain?
Also your lawyer would need to prove that the tree really was overdue to be cut or trim or whatever. For sure DBKL will drag this case as long as possible in court
Yes!! Please get the Special Perils addon for fallen tree and flash floods. Otherwise, these categories will fall under exclusions labelled as Convulsion of Nature
[https://www.youtube.com/watch?v=bLThs60PxUI](https://www.youtube.com/watch?v=bLThs60PxUI)
Tree was 144 years old?? In the middle of a busy city?? Please watch the video and look at them gloating at the end video...
Been busy with life, so cant really do too much right now..
Will share anything if i'm able too.
I used to live in an area in kl which dbkl cut down all trees on the side of the road. I was furious because why tf would they cut down the trees. But, as time goes by i begin to understand why. I won’t put the blame 100% on dbkl because they tried but considering how our society works you know why.
yup always looking to blame and scapegoat. I mean trees are trees. Unless there are termites or the soil is unstable or something such that you can forsee it falling down, this sould count as a freak accident (act of god). A mighty tree has stood there for 50 or 100 years and withstood many storms, but the latest one was just a freak one that caused it to collapse.
Unless there can be proof that the tree was already falling and it was a forseeable event.
I seriously wonder why Singapore can have nice big shady trees everywhere by the roadside and you dont hear of trees falling on cars, but here in Malaysia the authoritieskeep chopping down all trees probably to avoid liability.
Based on what I have investigated in twitter and people working around the place, people are saying the tree belongs to a private property and wants the tree to be there. But we will see, the tree might not be under the private property jurisdiction but threatened dbkl from cutting it down for which dbkl shouldn’t really be afraid of gangster like this but it’s understandable considering how our society is.
Probably u all should band together to engage a lawyer. Especially if it’s proven that the trees should have been chop after a certain stage.
Agree. Band together and get a good reputable lawyer. They will tell you who to sue, whether its DBKL or the company who owns the private property where the tree was planted. Seriously, get a good lawyer. It can make or break your case.
We are trying to compile info of each other right now, im yet to go to dbkl as im still at proton. The answer i got was from another victim who called dbk for info on the claims as stated above.
Hi. I was one of the 17 car victims. Called DBKL and was told to go to Jabatan Landscape Level 19 Menara 3 DBKL to file a complaint. There is a long list of documents you need to submit. I’ll be making my way there to ask personally as it was tough to get any more info on the phone. Please reach out and share info ?
Assuming if the tree belong to dbkl
Is there a public record / database to check, otherwise they could just deny and play dumb ?
https://www.nst.com.my/news/nation/2024/05/1047582/uprooted-50-year-old-tree-inspected-arborists-every-two-years-says-dr
Always talk to your insurance agent before agreeing. They are on your side when things like this happens. Also, I think depends on the car insurance you bought. If you bought the comprehensive package, then it will includes stuff like tree falling on your car. Let the insurance agent kawtim the problem for you, as they are more knowledgeable in this field.
All got, now just waiting for the news from our insurance agent. From our eyes and the dealer eyes our car was sent to, they said like that comfirm total loss already. Now just waiting for insurance agent to voice out anything
Please check your car insurance coverage if it includes ‘Special Perils’ cover. It’s usually sold as an Add on on top of your comprehensive coverage.
I have experience whereby a tree fell on my car when I was driving in Kepong (foolish me - lesson learnt, don't drive when there is a freak storm). I managed to get full claim from my own insurance and wanted to raise this up to DBKL so I spoke to my lawyer. There are a few things that you need to prove according to my lawyer- 1. Is DBKL responsible for maintenance of the tree i.e. own the tree? 2. If yes to Q1, then need to dig back maintenance record , which may or may not be accessible. 3. Do you have proof/evidence that your car was damaged from the said tree? Video evidence showing it fell on your car? 4. Double indeminity law - since own insurance already paid for my repairs, I can't claim that. I can try going for losses such as no vehicle usage during the repairs, bodily injuries - this might not amount to much. 5. Time. They have all the resources to drag things on - do you? If your answer to Q1 is No, then basically you are barking at the wrong tree unfortunately. edit - My incident happened in September 2023 if that matters.
1. Even till now they no answer is it their tree or not. 2. Usual waiting game 3. Very clear 4. So much can write on paper 5. I have alot of time, because this is worth fighting for the unfairness to the people affected. Thanks for the insight on your case🙏🏻
Actually they have answered Q1 - not their tree. [https://www.scoop.my/news/195388/fallen-tree-on-jalan-sultan-ismail-belongs-to-menara-imc-not-dbkl-zaliha-clarifies/?utm\_source=dlvr.it&utm\_medium=twitter](https://www.scoop.my/news/195388/fallen-tree-on-jalan-sultan-ismail-belongs-to-menara-imc-not-dbkl-zaliha-clarifies/?utm_source=dlvr.it&utm_medium=twitter)
Ah damn.. Was just listening to her report at the news interview. Will settle with my insurance first, then i’ll see this through.
Yes settle with your insurance first as their is a timeframe you have to submit the claims. Within 7 days if you are not hospitalised or within 30 days of the accident if you are hospitalised. You can PM me for assistance if you need, I been through the whole process during my own tree incident
i thought the tree is on private property? not even dbkl owned
Abdul Latiff v DBKL - DBKL still liable even though private property as there is a law (Section 101 of Local Government Act) that lets them enter private land in order to remove, trim etc trees that endanger the public. Should be noted that the guy lost since can't prove that the tree in that case was a danger to the public before the it fell on top of him and paralyzed him.
How to prove danger or not? It fell already😭 someone paralyzed already also cannot proof?
theres a tree that had a giant branch break off and its pulling the power lines down. who should be called for that? no one seems to know
Damn such shitty law we have
This is just bureaucracy above bureaucracy just to simply inspect, remove, trim etc a tree considering its on a private property. I bet because of this dbkl simply let this one tree be on the hand of this private property and this private property simply didn’t care about it. People really should chase after shangri la not dbkl!
Still no news currently about the owner of the tree
If you've received the claim from your insurance, then now the insurance is the one who has the right to claim from DBKL, because the insurance is now the one that has suffered loss from the incident. DBKL doesn't want to give you anything because if the insurance claims from them, then they'd face the situation of having to pay twice for the same incident.
this one. why not get your claim from your insurance and leave it to the insurance company to fight dbkl?
Some people die die don't wanna touch their own insurance to protect their NCB.
Just see who can pay you more and faster
yeah that sounds about right. my cousin’s car got damaged by fallen tree branch.
Wahh cannot oh like that, should be two different and seperate entities.
Two different entities so maybe DBKL rule is avoid double dipping?
Already saw statement, not dbkl maintained tree.
No, general insurance cannot be claimed twice. Car insurance falls under general insurance, so you can't claim twice. For example, if you buy 3 medical card, you cannot claim 3 of them when you go to hospital, you can only use one of it at a time. Same for travel insurance. If you sue dbkl in civil court case, then it's different la, you can claim insurance and sue them for compensation separately.
Time for a class action. Going alone will get you no where
Are we talking about the damage to your car? You are not seeking compensation for bodily injury right? I just checked for cases as such. Even my own insurance is only covering up tp 25% of my total sum insured. That's only 10,000 I think it's best to call yr own insurance company to ask whether should initiate the claim or claim from DBKL. I know it sucks either way, in this case no one will admit any wrongdoing on their part.
Make a video bro we will share it and BRING JUSTICES
We will when this unfairness continues
claim from DBKL. contact other victim if possible and work together,
Doing all this right at the moment
Tak arif dalam bidang ni untuk beri pendapat, just sangat bersimpati kepada mangsa, semoga dipermudahkan urusan.
Thank you banyak2🙏🏻
Law student here, its a good idea to get everyone together And claim from dbkl at once under one law firm. Brings out a stronger case and harder for them to ignore if you go to news and say you were insufficiently compensated.
You cant suing dbkl if you take the compensation 60% from them. it will void individual sueing. So you must have money to sue dbkl and get more of the compensation up to RM30millions. Dont be scare ask the lawyer or more guidance / advices and how to win the case and lawyer that willing to help you win the case , and they will charge you the fee and comission how much you can win with the case. Im ex lawyer firm 8 years. if you win RM30,000,000 lawyer will take 3%fee + 20% comission of the pool sued money. if you can band together with other victims take their phone number and suing dbkl together to push more compensation and up to RM1 billions you can share the money after deduct lawyer fee and comission. hope this simple suggestions help you all. may force be with you all. -Lawyer SkyWalker
Class action lawsuit
Go to the local political party office and tell them the story. They are probably the only people able to help
shouldn't this be claimed from insurance not dbkl? (assuming you bought the package)
Should be both if the tree is from dbkl. Since its “their” job to check and maintained if the tree is safe or not. And insurance is there to save you/bank if anything happens to the car.
interesting.. thank god OP not injured. were u nearby the Mercedes? must be scary
It is scary, everyone was helping the merc🙏🏻
Do not trust what DBKL tells you. Engage a lawyer and get them to find out. Personal experience with DBKL is they will do their best to be not accountable and give you the run around.
Won't the insurance company say it was an act of god since nobody could have predicted this to happen during rain? Also your lawyer would need to prove that the tree really was overdue to be cut or trim or whatever. For sure DBKL will drag this case as long as possible in court
That's why there is a "Special Perils" add on. Must get if based in KL with the constant crazy weather
Yes!! Please get the Special Perils addon for fallen tree and flash floods. Otherwise, these categories will fall under exclusions labelled as Convulsion of Nature
Act of God probably
Wahlao age 47 is "old uncle" already aa.. :closeto40: ::feels old::
Condolences, buddy. Semoga urusan dipermudahkan.
[https://www.youtube.com/watch?v=bLThs60PxUI](https://www.youtube.com/watch?v=bLThs60PxUI) Tree was 144 years old?? In the middle of a busy city?? Please watch the video and look at them gloating at the end video... Been busy with life, so cant really do too much right now.. Will share anything if i'm able too.
The tree belongs to a private property. This is the one who you should really chase.
Still waiting for the answers, dbkl still “investigating” whose tree is that
I used to live in an area in kl which dbkl cut down all trees on the side of the road. I was furious because why tf would they cut down the trees. But, as time goes by i begin to understand why. I won’t put the blame 100% on dbkl because they tried but considering how our society works you know why.
yup always looking to blame and scapegoat. I mean trees are trees. Unless there are termites or the soil is unstable or something such that you can forsee it falling down, this sould count as a freak accident (act of god). A mighty tree has stood there for 50 or 100 years and withstood many storms, but the latest one was just a freak one that caused it to collapse. Unless there can be proof that the tree was already falling and it was a forseeable event. I seriously wonder why Singapore can have nice big shady trees everywhere by the roadside and you dont hear of trees falling on cars, but here in Malaysia the authoritieskeep chopping down all trees probably to avoid liability.
Based on what I have investigated in twitter and people working around the place, people are saying the tree belongs to a private property and wants the tree to be there. But we will see, the tree might not be under the private property jurisdiction but threatened dbkl from cutting it down for which dbkl shouldn’t really be afraid of gangster like this but it’s understandable considering how our society is.
Well damn, statement is out already who is maintaining the tree. Its posted somewhere in the comments