How Malaysia Actually Decides Fault
Someone has blamed you for the crash and you want to know who actually decides.
Fault is decided in steps, not at the roadside. It starts with the police report, moves to each insurer’s assessment, and reaches a court only if the two sides cannot agree.
The police report does not settle everything. Nor is anyone stuck with the first blame an insurer gives.
Step one: the police report
A report and sketch plan record the basic facts while they are fresh: the location, the vehicles, and how the collision is understood to have happened. It is an important reference point, but not a binding ruling.
Step two: each insurer forms a view
Insurers usually send a loss adjuster to review the police report, the damage, and evidence such as photos or witness statements. Each insurer reaches its own conclusion, and these can differ. Negotiation between the insurers is a normal part of this stage.
Step three: negotiation, or a court decision
Most disputes settle once the evidence is compared. Where the parties cannot agree, the case can be filed in court. For a motor-accident case that is almost always the Sessions Court, which has unlimited jurisdiction regardless of the amount.[1]
Where contributory negligence fits in
At any stage, your own share of responsibility can be raised, such as not wearing a seatbelt or helmet. A court can reduce your award to reflect that share rather than refuse your claim.[2] Contributory negligence explained covers how the reduction is applied.
How long it takes
A disputed case can move slowly. There is no fixed points system and no set timeline, because each stage depends on the evidence in your case.
What to do next
Keep the police report, photos, medical records and witness details together. Who is at fault in a crash covers the legal test in more depth.
If an insurer blames you, an independent lawyer can take the claim on and put your side to them. Send the accident date, where it happened, whether anyone was injured (yes/no), and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Does the police decide who is at fault?
Not finally. The police report and sketch plan are important evidence, but the police record what happened rather than issue a binding civil ruling. Insurers and, if needed, a court make that decision.
Does the insurer's decision count as the final answer?
No. An insurer forms its own view based on the evidence available, and that view can be challenged. If the two sides cannot agree, the dispute can go to court for a final decision.
How long does it usually take to reach an answer?
It varies enormously, from a straightforward case settled in weeks to a disputed one that reaches trial after a longer process. Most road accident claims settle by negotiation well before a full trial is needed.
Is there a points system like traffic tickets use?
No. Malaysia does not use a fixed points or percentage system for road accident fault. Each case is judged on its own evidence under the ordinary law of negligence.
Sources
- Office of the Chief Registrar, Federal Court of Malaysia (accessed 2026-09-22)
- Civil Law Act 1956, s.12 (Attorney General's Chambers) (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.