KUALA LUMPUR: A GrabCar driver has accused the company of advising its drivers to make a personal report in the event of an accident, instead of stating that they were serving the company’s customers at the time.
Lim Kim Hwa said the company had also refused to bear any responsibility for damage to his car, obtained in an accident while on duty.
The 30-year-old said he had no choice but to get help from Grab, the company behind the service, after his insurance company rejected his claims application.
“Before I filed a police report and the insurance claims, I called Grab asking for advice, and they told me to make a personal report.
“But after I filed the report, the insurance company told me that they would not pay for the damages to my car because I had used my personal car for commercial use,” Kim Hwa said at a press conference organised by Segambut MP Lim Lip Eng today.
He added that Grab then refused to pay for the damages to his car, saying that it bore no responsibility towards GrabCar drivers when it came to accidents.
A check on the Grab website states the terms of agreement between the company and driver, which suggest that the law may be on the side of the firm in this case.
“You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage which is due to or is alleged to be a result of the motor/passenger vehicle and/or taxi/passenger delivery service howsoever operated,” the Grab website said.
Aside from GrabCar, Grab also operates the GrabTaxi service (formerly known as MyTaxi), GrabHitch and GrabShare.
Based on the police report, where he had declared his occupation as “pemandu Grab” (Grab driver), Kim Hwa said a passenger had opened the door to alight from his car but did not see a motorcycle coming up from behind, causing an accident which damaged his car door among others.
Kim Hwa said based on his experience, he believes that GrabCar drivers who may have been involved in accidents have been falsifying their accident police reports in order not to get rejected when filing claims with their car insurance providers.
“I think I may be the first person to tell the truth as a GrabCar driver,” Kim Hwa said, referring to the report he had filed on the accident.
He added that as such, he believes that the thousands of GrabCar drivers on the road across various cities in Malaysia are driving without the protection of insurance.
“I just hope that GrabCar service will be stopped temporarily until all issues are resolved,” Kim Hwa said.
Meanwhile, Segambut MP Lim expressed hope that the bill tabled by the government in April would protect the interests of all parties in the industry.
The DAP lawmaker said the government would have to implement an act that ensured the safety of all Uber and GrabCar users as this was a growing industry in Malaysia, comparable to the e-commerce industry.
“I hope that in the Parliament debate in July, the government will come up with a holistic bill that will complete the e-hailing services, as there are no laws and regulations protecting this industry as of now.”
Last August, the cabinet gave the Land Public Transport Commission (SPAD) the green light to regulate Uber and Grab.
Under an amendment to the Commercial Vehicle Licensing Board (CVLB) Act, e-hailing vehicles will be classified as public service vehicles, and operators will need to obtain an “intermediation business licence”, which will be issued by SPAD.
The licence is for the business of facilitating arrangements, bookings or transactions of a ride-sharing vehicle.
The amendments are part of the move to legalise Uber and Grab services in efforts to transform the country’s public transport services.
Ivy Chong contributed to this article.