When Both Drivers Blame Each Other
You and the other driver each insist the crash was entirely the other one's fault.
After a crash, each driver often says the other one caused it. The answer then has to come from evidence, not from whoever argues better at the roadside.
Typically it goes: “You came into my lane.” “No, you were already there.” Nobody backs down, and the roadside is not where it gets settled.
What happens next
Each driver’s insurer usually investigates separately. A loss adjuster, the person the insurer sends to check the accident and your losses, reviews the damage and the police report. The two insurers may not agree at first, and negotiation between them is normal.
If the two sides cannot agree, the dispute can go before the Sessions Court. It has unlimited jurisdiction to hear a motor-accident claim of any size.[1] Most disputes settle before that point.
What evidence breaks the deadlock?
A mutual-blame dispute stays stuck when neither side has anything beyond their own account. Dashcam footage, nearby closed-circuit television (CCTV), or a witness who was not with either driver carries far more weight than two competing stories.
The damage on both vehicles also helps. An adjuster can often read the direction and angle of impact, even where the drivers disagree.
What should you do at the scene?
Stay calm and note the facts. Write down the time, the location, the direction each of you was travelling, and anyone nearby who saw it.
Can both drivers be partly at fault?
Yes. Where both drivers made a small error at the same moment, contributory negligence may apply. This means you were partly at fault, which lowers the payout. It may apply to each driver in different proportions, and no outcome can be promised in advance.
What to do next
Write down your own account while it is fresh, including anything you are unsure about. Lodge your police report without delay. Who is at fault in a crash explains how Malaysia works this out.
When each side blames the other, an independent lawyer can take the claim on, deal with the insurers and gather the evidence for you. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.
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Common questions
Is it common for both drivers to blame each other?
Yes, especially at junctions and lane changes, where each driver may have seen something different. The truth can still be shown with proper evidence rather than argument.
Who decides who is telling the truth?
Neither driver decides it, and neither insurer has the final say either. Each insurer forms its own view from the evidence, and if they cannot agree between themselves, the matter can go to court for a decision.
What if there is no dashcam footage from either car?
The police report, the damage pattern, the final position of both vehicles, and any witnesses become far more important. A dispute without footage is harder, not impossible, and it usually takes longer to resolve.
Can we just agree privately and skip all this?
You can, if both sides are willing, but it works best once your injuries are properly assessed. An agreement made before you know your injury or losses can leave you worse off later.
Sources
- Office of the Chief Registrar, Federal Court of Malaysia (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.