Format Opinion Letter (Accident)

FIRM’S LETTER HEAD
Our Reference : VCO/L(AC)/010/2023

Reference
Your Reference : Please advice
Date Date : 15 April 2023
ABC Insurance Sdn Bhd Preliminary

Addressee No. 1-1, Jalan Temenggong Mode
BY ofHAND
Service
75200 Melaka
Preliminary
Salutation Dear Sirs,
Re: Accident on involving

Title
-----------------------------------------------------------------------------------------------
Opening
1. We refer to your letter of instructions dated .
2. We enclose herewith photocopies of the following documents:-
(a) JPJ Search for vehicle no. ;

(b) Police report no. Trafik Melaka Tengah/01568/16;
Documents
(c) Police sketch plan & key;
(d) Mr. M medical report dated ___ from Hospital Melaka; and
Content
3. In furtherance of the available documents, we have established the following

Facts facts:
3.1.
3.2
3.3
3.4
Legal
4. Based and relying upon, and subject to, the foregoing and subject to the
Analysis qualifications and limitations set out below, our opinion are as follows:
ADVOCATES & SOLICITORS

-2-
_____________________________________________________________________
4.1 Liability
Your insured driver was traveling from… towards.
Henceforth, we are of the opinion that liability is totally/100% against your

insured driver in the event of a trial.
4.2 Quantum of Damages
As a result of the said accident, the motorcycle rider has sustained serious
injuries and suffered losses, particulars of which are listed below together
with our view on quantum of general and special damages.
A. General Damages
1. Pain & Suffering
As per the medical report dated ____ from Hospital ______:
(a) Close fracture right distal end Radius

Jasveer Singh a/l Jeet Singh v Ewe Yee Wah [2010] 1 PIR [23]
- Closed fracture distal end of the left Radius: RM 28,000
Reported case
- Closed fracture distal end of the left Radius: RM 30,000
In light of the above cases, a sum of RM28,500 for the purpose of a settlement will be
fair.
(b) Closed fracture shaft of left femur

Zainudin b. Ahmad v Ismail b. Fakir Muhamed [2012] 1 PIR [67]
- Closed fracture midshaft of the right femur: RM 35,000-00
Reported case
- Closed fracture midshaft of the right femur: RM 37,000-00
In light of the above cases, a sum of RM35,500 for the purpose of a settlement will be
fair.
2. Future medical expenses

-3-
_____________________________________________________________________
B. Special Damages
(a) Nutritious Food

Zahidah Binti Zainal (2003) MCL para 1078
The injured claimed RM 500 for this item. We would not recommend any for this
claim as there is no medical evidence.
(b) Purchase of Documents

Chan Kim Hee v Karam Singh & Anor (1981) 2 MLJ 275
The injured claimed RM 100 for this item. We recommend this claim to be allowed as
it was receipted and reasonable.
(c) Loss of Clothing

Parvathy & Ors v Liew Yoke Khoon (1984) 1 MLJ 183]
(d) Traveling Expenses

Lee Ann v Mohd Sahari Zakaria (1987) 1 MLJ 252]
The injured claimed RM 300 for this item. The amount claim is too excessive. We
would not recommend unless proven with receipt.
(e) Medical Expenses & Miscellaneous

Legal 5. Our recommendation is summarized as follows:

Advice (1) Liability: Very likely 100% against your insured.
(2) General Damages RM 64,000-00
(3) Special Damages RM 1,100-00
RM 65,100-00
For the purpose of settlement, the maximum figure is RM65,100-00 plus 10% cost
starting with a lower initial offer at your discretion.
-4-
_____________________________________________________________________
6. The opinions set forth herein are restricted to the laws of Malaysia applicable on
Reservation
the date hereof and are based on the instructions received and the background
facts provided to us as set out above. We have relied on the accuracy of the
instructions given to us and the completeness of the documents provided. The
views we have expressed in this opinion may need to be revised if the facts Closing
upon which they have been based should change.
7. We trust the above is sufficient for your purpose. Should you require further
clarification or assistance, please do not hesitate to call our office.
Thank you.
Signature
Yours faithfully,
…………………………
c.c.: file

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FIRM’S LETTER HEAD

Our Reference : VCO/L(AC)/010/2023

Date Date : 15 April 2023

ABC Insurance Sdn Bhd Preliminary

Salutation Dear Sirs,

Re: Accident on involving

1. We refer to your letter of instructions dated .

2. We enclose herewith photocopies of the following documents:-

(a) JPJ Search for vehicle no. ;

3. In furtherance of the available documents, we have established the following

ADVOCATES & SOLICITORS

Your insured driver was traveling from… towards.

Henceforth, we are of the opinion that liability is totally/100% against your

4.2 Quantum of Damages

1. Pain & Suffering

As per the medical report dated ____ from Hospital ______:

(a) Close fracture right distal end Radius

(b) Closed fracture shaft of left femur

2. Future medical expenses

ADVOCATES & SOLICITORS

(a) Nutritious Food

(b) Purchase of Documents

(c) Loss of Clothing

(d) Traveling Expenses

(e) Medical Expenses & Miscellaneous

Legal 5. Our recommendation is summarized as follows:

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As per the medical report dated from Hospital __: