What Happens at a Running Down Trial

A running down trial is simply the hearing stage of a road accident claim, held when liability or the amount could not be agreed beforehand. It is rare, since most claims settle first, but it follows a fairly set structure when it does happen.

What running down actually means

Running down is an older legal term still used in Malaysia for a claim arising from a motor vehicle accident. You may see it as a running down (RDN) suit once a case is filed in the Sessions Court, which hears these claims regardless of size.^[1]

Before the hearing itself

Cases generally go through case management and often court-encouraged mediation first. Many claims are resolved at this stage rather than reaching an actual hearing date.

What a hearing day generally involves

Each side presents its evidence, including witnesses, the police report, and medical reports. Witnesses are questioned by both sides, and the judge decides liability, often apportioned between the parties, and the amount of compensation.

How long a trial takes

This depends on how many witnesses are involved and how contested the facts are. A simple dispute can take a single day; a complex one can run several sittings. The claim process step by step shows where this fits relative to everything before it.

What happens after judgment

The losing side is expected to pay according to the judgment. The insurer’s duty to satisfy a valid injury judgment applies here just as it does to a settled claim.^[2] A judgment can still be appealed in limited circumstances, though that is a separate step of its own.

Why most people never reach this stage

A consent judgment achieves a similar outcome without a hearing. This is why most claims never reach trial at all. Before you accept a settlement offer covers the stage most cases resolve at instead.