YESTERDAY morning, a tour bus travelling down from Genting Highlands overturned and landed on its side while negotiating a curve. On board were 21 people – the driver, two tourist guides, and 18 Chinese nationals.

Two tourists died and the rest were injured and treated at Hospital Kuala Lumpur and Bentong Hospital. If those who were killed or injured had insurance, they would receive due compensation from the insurance companies.

If they wish, they could also claim additional compensation in Malaysia, but that is is usually a long, drawn-out process. They will have to file a civil suit against the parties at fault or legally liable for the crash. For example, if the tour bus were stationary at the traffic lights and a lorry were to crash into the bus, the injured would have to sue the lorry driver who was at fault.

In this case, the families of the deceased and the injured will have to sue the bus driver. The claims are to be based on loss of future income, which varies, the extent of the injuries and suffering, medical bills, and travelling expenses.

The tour bus insurance company is unlikely to accept the amounts claimed, which is usually decided by the court.

But if licences of the vehicle or driver were expired or the driver was under the influence of drugs or alcohol, the insurance company would try to repudiate cover, rendering the tour bus without motor insurance.

If this is the case, the families of the deceased and injured may only receive a paper judgment without cash compensation as most commercial vehicle drivers do not have the means to pay large compensations.

Unfortunately, police investigations found that the bus driver did not have a driving licence and, therefore, did not have a public service vehicle licence to carry fare-paying passengers. He was also a serial offender with 27 traffic summonses on his record

We must learn from our northern neighbour that has surpassed in tourist arrivals since 2015. In January, Thailand introduced free travel insurance coverage for all foreign tourists. The offer was valid until August and recently extended to December.

Families of people killed in Thailand will receive a million baht (RM120,000) in compensation, while the injured can claim up to 500,000 baht for medical expenses and 300,000 baht for loss of limbs or organs.

Unlike third-party and liability insurance which requires the party at fault to be established and the compensation amount determined, travel insurance will pay without delay the quantum that is specified in the policy.

Many years ago, some Chinese tourists who were injured in Thailand insisted on being paid compensation at once.  The Thai authorities went out of their way to meet their demands, which was reassuring to tourists visiting the country.

The Malaysian Tourism, Arts and Culture Ministry must have contingency plans for tourist misadventures.

For example, there was a “nude ear squat” incident in 2005. It was believed that the detainee who was filmed doing ear squats in the nude was a Chinese national. Then prime minister Abdullah Ahmad Badawi ordered home minister Azmi Khalid to travel to China to improve Malaysia’s image there after the number of Chinese tourists in Malaysia dropped over several months.

Azmi duly visited China and expressed sadness about the incident but did not apologise, explaining that nude ear squats are standard police procedure.  

It was later revealed that the nude female in the video was a local Malay woman.

Malaysia is targeting 27.3 million tourist arrivals this year, 31.4 million in 2025, and 35.6 million in 2026. These targets are achievable but could be derailed if contingency plans are not in place to handle tourist mishaps. – June 30, 2024.

* Y. S. Chan reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.