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Affidavit Of Accident Template for Malaysia

An Affidavit of Accident is a formal sworn statement used in Malaysia's legal system to provide an official account of a vehicular or personal accident. The document, governed by Malaysian law including the Statutory Declarations Act 1960 and Evidence Act 1950, serves as a legally binding testimony of the circumstances, parties involved, and consequences of an accident. It must be sworn before a Commissioner for Oaths and can be used in insurance claims, legal proceedings, or official investigations. The document includes detailed information about the accident, supporting evidence, and follows strict formatting requirements under Malaysian law.

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What is a Affidavit Of Accident?

An Affidavit of Accident is a crucial legal document used in the Malaysian legal system when there is a need to provide a formal, sworn account of an accident. This document type is commonly required for insurance claims, legal proceedings, or official investigations following vehicular or personal accidents. The affidavit must comply with Malaysian legal requirements, particularly the Statutory Declarations Act 1960 and the Evidence Act 1950. When preparing an Affidavit of Accident, the deponent must provide detailed information about the incident, including time, location, parties involved, damages or injuries sustained, and any witnesses present. The document must be sworn before a Commissioner for Oaths to be legally valid and can be used as evidence in court proceedings or insurance claims. It serves as a permanent record of the accident details and forms a basis for any subsequent legal or insurance actions.

What sections should be included in a Affidavit Of Accident?

1. Title and Heading: Formal title 'Affidavit of Accident' with court details if applicable

2. Deponent Information: Full name, NRIC/passport number, occupation and address of person making the affidavit

3. Oath Statement: Standard declaration that the contents are true and made under oath

4. Time and Location: Precise details of when and where the accident occurred

5. Accident Description: Detailed chronological account of how the accident occurred

6. Parties Involved: Information about all parties involved in the accident, including vehicles and individuals

7. Damage Assessment: Description of damages to vehicles, property, or injuries sustained

8. Post-Accident Actions: Actions taken immediately after the accident (police report, medical attention, etc.)

9. Verification: Statement verifying all information is true to the best of deponent's knowledge

10. Attestation: Formal closing, signature line, and commissioner for oaths section

What sections are optional to include in a Affidavit Of Accident?

1. Witness Statements: Include when there were witnesses to the accident who provided statements

2. Medical Information: Required when personal injuries were sustained in the accident

3. Insurance Details: Include when insurance claims are being made or when required by insurers

4. Weather Conditions: Include when weather was a contributing factor to the accident

5. Vehicle Specifications: Required when technical aspects of the vehicles are relevant to the accident

6. Prior Incidents: Include when there is relevant history of similar incidents or prior accidents

What schedules should be included in a Affidavit Of Accident?

1. Police Report: Copy of the official police report filed after the accident

2. Photographs: Dated and labeled photographs of the accident scene, vehicle damage, and injuries

3. Medical Reports: Copies of medical reports and bills if injuries were sustained

4. Sketch of Accident: Diagram showing the position of vehicles and parties involved

5. Vehicle Registration: Copies of vehicle registration documents of all vehicles involved

6. Insurance Documents: Relevant insurance policies and claim documents

7. Witness Statements: Written statements from witnesses, if any

8. CCTV Footage: Screenshots or reference to CCTV footage if available

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use

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