Mrs Husna Knock, knock… Assalamualaikum

Waalaikumussalam, welcome, come in Ms Husna. It is good to see you

Lawyer
here. Welcome to Subrina & Co. *handshake* Oh please have a seat.
Mrs Husna Thank you.
Okay Ms Husna, my name is Nur Haslyna Atyra Bt Che Harun and I am a
Lawyer partner in Subrina & Co and I will assist you for today. Oh, before that,
would you like some tea or other refreshment?
Mrs Husna It’s okay. Thanks.

Ms Husna, before beginning with anything, I would just like to tell you how
this meeting normally runs.

Firstly, on the confidentiality, I would like to assure you that anything you
say and anything I advise you with will be kept confidential between us.
Lawyer Nothing will be disclosed to anyone else. I would like for you to know that
you’ll have complete control over the entire process. You don’t have to
worry to tell me about your problem as our conversation here is a private
conversation and it is protected.

So, do you have any question?

I heard from grapevine that your firm offers a free first-time consultation
Mrs Husna
is this true? And how much is the fees for subsequent consultation?
As for the fees Ms Husna, I am happy to inform you that this meeting is free
of charge. However, if you choose to retain me as your counsel, for every
subsequent meeting you will be charged with a standard rate and any
Lawyer
further information with regards to such rates is available in this
document here.
 Also, depending on the complexity of the matter, different charges may
apply.
With regards to any other work that will be doing for you, if I am going to
go and do something on your behalf I’ll be letting you know that I am going
to take such actions and how much it would cost. At the end of the day, you
have the decision whether or not we should go forward with it

Alhamdulillah, that’s great! I am a student in UiTM Shah Alam and worked

Mrs Husna part-time here and there, so having control of what action should be taken
and its cost will helps.
Very well Mrs Husna, so we’ve received your memo earlier saying that
your appointment today is regarding your intention to negotiate for an
amicable settlement, right? Before we start, about the reason why you
came here today, I would like to encourage you to be as frank and
straightforward as you can because the more you tell me the more I can
help you. I might be asking some personal questions and also some details
regarding the problem.
Lawyer

So feel free to ask me anything if you are confused or need some

clarification.
So, for this first session I will interview you regarding the matter. I hope
you can cooperate and if there is any needs of clarification, just forward a
question to clarify the matter.

Okay, that’s good. I came here today to make an offer to settle with my
classmate. My classmate’s name is Mr Ray and last week, we have been
Mrs Husna
involved in an accident in UiTM Shah Alam.

Lawyer Oh, my. How is it happen?

Mrs Husna
Last month on 28th November 2019, on a Thursday afternoon at about
1:50
p.m I was rushing to Mrs Saodah’s class with my motorcycle. I was pretty
late at that time as there was traffic jammed at roundabout section 2. So,
when I got into UiTM, went against the flow of traffic along Jalan Ilmu into
the main road, Jalan Bernas. Eventhough I said I went against traffic flow,
almost every motorcyclist in UiTM did the same thing at Jalan Ilmu. Jalan
Bernas and Jalan Ilmu is a one-way road. A single traffic. That is why
motorcyclist tends to go against the traffic flow as it is faster to just go
against the traffic flow instead of taking a detour.

So, after I went into Jalan Bernas I saw a car. As I was in a hurry, I tried to
overtake thecar but suddenly gets closer to the left side as if trying to
squeeze me. I hurriedly used High Beam and honk many times at the car
as I was afraid that I might get hit by his car.

I did recognize the car as I quite familiar with it. And it is Mr Ray’s car. Mr
Ray probably out of shock collided into me before trying to evade by
swerving into the right side of the road. He was then collided into a lamp
post nearby.

On the other hand, as I was hit by the collision fell into the road whilst my
motor still moved about 10 meters or so before it fell down and explode.
Which is why I am walking today.

Anyways, Mr Ray and I was taken to Pusat Kesihatan UiTM. I received 8

stitches on my right leg. In contrast, Mr Ray was quite okay, he only had
injured on his right hand due to the impact of collision and his car broke
up at the bummer. However, I found that he also get to another private
 hospital which is SALAM (Shah Alam Specialist Hospital) to treat his
injuries.

Lawyer Uishhh, it is really bad.

Yes, my motor damaged a lot and cost almost RM 3000. And insurance said
that they would not cover anything as I was negligent by riding too fast
way beyond the speed limit. I did asked him to pay for the motorcycle but,
he said it is not his fault only.

Mrs Husna
In fact, he also contributed to the accident since I did saw he looked at his
phone while driving nut he blamed all the burden only on me!! I so
frustrated. Until now, when I called him, he would answer my calls. And
when I whatsapp him, it takes a lot of time for him to reply my whatsapp.
Oh ya, he also sent to me a letter of demand due to his injuries and the car.

Oh, can I see the letter of demand and did you have made a police report
Lawyer
on this?

At first I want to settle it just between us, but when Mr Ray act like that I
Mrs Husna
think I have to make a police report on it. So, I had made the report.

Did you have the police report with you? If you have it, can I have a look
Lawyer
on it?

Ya, ya, I have it. Hold on. Alright, here is the police report, the medical
Mrs Husna report and the letter of demand. I already bring these documents in case it
are needed. As you can see, all what I told you is same as the police report
that I had made.
 Thank you Ms Husna. So let me just clarify once again the crux of your
issue. And feel free to interject at any time in case I’m missing anything.

On 28th November 2019, you have been in a collision between you, on

your motor and Mr Ray, your classmate, while he was driving his car.
Lawyer
The accident is because you have been riding recklessly and Mr Ray have
been contributing to the collision as she was on her phone during the
collision.

Is that true Ms Husna?

Mrs Husna Yes. That’s true.
I have also examined the letter of demand and it can be sum up as follows;
For his injuries, namely for the injury on his right hand RM 1,000.
For his medical bills at SALAM, RM 5,000.
Cost of repair for his car, RM 8,000.
Lawyer
Damage to clothing, RM 200.
That is a total of RM 14,200.
Okay, so now you wanted to offer to settle amicably with Mr Ray without
going to Court right Ms Husna?
Yes. I am willing to pay RM 2000 in cash or RM 5000 in 24 months
Mrs Husna
settelments only. Also, what is the next step should I take?

Alright. So, based on your situation Mrs Shaheed, the best thing to do is to
write to Mathsurah Alee & Partners which is the firm represent on behalf
Lawyer
of Mr Ray on your offer to settle by paying RM 2,000 in cash or RM 5,000
in settlement as soon as possible since they will file an application to Court
if you fail to reply in another 14 days.

Oh I see. But, I am a little bit confused actually. Does she have the right to
Mrs Husna
take legal action against me?
 Ms Husna, I don’t think you have to worry about that right now. In your
Lawyer
situation, Mr Ray do have the stand to file action as he is one of the party
to the accident. But you can try the best to settle it out of the court.

Okay, that’s not good. Is there any way for me to set-off her claims? I mean
Mrs Husna like the medical bills in DEMC, and all those other stuff I mean he could
have opt for a government hospital and not all of his loss should be pinned
onto me.

Yes. According to what you have told me I will analyze and give you the
answer:
 In your situation, Mr Ray,have opted for SALAM hoping for a speedy
recover, thus, this would not cause any reduction should he
Lawyer
succeed in his claim.
 In your situation, for that kind of car, that sum is reasonable and
will be awarded by the court provided that he can produce the
receipt and the person who writes the receipt in court.

Mrs Husna What are my defense in legal proceedings?

Don’t worry Ms Husna. You can raise a defence of contributory negligence.

Put simply, a finding of contributory negligence against an injured person
means that you share responsibility for your accident i.e. that you and your
Lawyer actions contributed to your accident.

In your situation, Mr Ray have allegedly used his phone during the
collision, and may have be one of the reason she is not paying attention to
his surrounding and let the accident happened.
 Additionally, you can also apply to set off her claim. In your situation, the
amount you can apply for set off is by pleading for your total loss of motor,
injuries among others due to Mr Ray’s negligence.

That’s such a relief. I have a question, in my situation, do I can settle it by

Mrs Husna
myself?
Yes, you can but it much easier if you have a lawyer to represent on behalf
Lawyer
of you.
Mrs Husna So, it means I can appoint you as my lawyer right?
Sure, if you choose to appoint me as your lawyer, I will try my best to assist
Lawyer
you in solving your problems and reaching an amicable solution.
Mrs Husna Alright, I will inform you further.
Alright Ms Husna, should you have any inquiries, you can contact me
anytime through the number stated in my business cards or alternatively,
you can come here for another consultation. So that will be it.

Thank you so much Mr. Shaheed. Have a good day ahead!