Peter claimed compensation for the loss of use of his vehicle, also referred to as the CART for 186 days at a rate of RM30 per day and car rental amounting to RM6,000 (RM1,200 x 5 months). The total claim amount submitted was RM11,580.

FINDINGS

This case was assessed based on BNM’s Guidelines on Claims Settlement Practices (consolidated) BNM/RH/GL/003-9 issued in 2014 as the accident occurred in 2024. The scale of CART of the said guideline states as follows:

1. The above scale defines the minimum amount payable by third-party insurers for CART claims where the claimant is unable to produce satisfactory documentary evidence, receipts, etc., to support his/her claim for CART.
2. In cases where receipts can be produced for vehicle rentals, insurers shall pay the amount shown in the original receipts and original car rental agreement, subject to the principle of indemnity and subject always that the claimant shall only be entitled to the rental of a vehicle of an equivalent nature to the damaged vehicle. Such rental must be only from a rental agency/company duly registered and licensed by the relevant authority.
3. The number of days for computation of CART shall be based on the independent loss adjuster’s recommendation on the number of days for repair of the damaged vehicle subject to the Takaful Operators’ discretion to apply an additional seven working days grace period for unforeseen delays.

Peter owned a Perodua Myvi (1,495 cc) and submitted a receipt showing he rented a Perodua Axia for RM1,200 per month. Under the policy terms, only one type of claim may be submitted for loss of use, and it is not permissible to pursue multiple claims under different provisions for the same period of loss. Accordingly, CART was assessed based on a daily rental rate of RM40 as provided under item 2 of the policy terms.

The loss adjusters recommended a 12-day repair period, and the third-party Takaful Operator, on a discretionary and goodwill basis, added 18 days for unforeseen delays, resulting in a total of 30 days’ CART, which exceeds the 7-day grace period suggested in the BNM Guidelines.

KEPUTUSAN

The case manager concluded that the third-party Takaful Operator’s CART offer of RM1,200 (30 days × RM40) complied with the applicable BNM Guidelines and issued a recommendation in the takaful operator’s favour. Peter was dissatisfied with the case manager’s recommendation and referred his dispute for adjudication. The Ombudsman upon reviewing the dispute agreed with the findings of the case manager and adjudicated in favour of the takaful operator.