What an injured passenger should do
You were a passenger in the crash and are not sure whose problem this now is.
Get checked medically, give your own account to the police, and know that being a passenger does not weaken your position. You can usually claim against the insurer of whichever vehicle was driven at fault, and Malaysian law requires that insurer to satisfy a valid injury judgment.[1]
What to do right now
- Get medical attention for yourself, even if the driver and other passengers seem unhurt.
- Give your own statement to the police rather than leaving it to the driver alone.
- Take photos if you are able to, covering both vehicles and the scene generally.
- Note down which vehicle you were travelling in and who else was inside it.
- Keep any receipts or booking details if it was a paid ride, such as an e-hailing trip.
Who a passenger can actually claim against
Some passengers think they can only claim from the vehicle they rode in. Others think they cannot claim if the driver was a friend or family member. Neither is correct. You can generally claim against whichever driver was at fault: your own driver, the other driver, or both.
Why the scene feels confusing
Passengers often feel like bystanders while the drivers exchange details. Your injuries and your account matter separately from the dispute between the drivers. Getting your own version recorded protects your position.
If the driver you were with was at fault
The claim is generally made against that driver’s insurer, not the driver personally. Malaysian law makes this insurance compulsory so an injured passenger does not depend on a friend’s own money.
Next steps
What to do after a road accident covers the following days. Making a road accident claim explains how a passenger’s claim proceeds.
When an insurer is slow or the drivers blame each other, an independent lawyer can take on your claim and deal with the insurer for you. 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
Can I claim if the driver of the car I was in caused the accident?
Usually yes. As a passenger you are generally not at fault for how the vehicle was driven, so you can usually claim against the insurer of the vehicle you were travelling in, even though the driver was someone you know.
What if two vehicles were involved and I am not sure which driver was at fault?
You do not need to work that out yourself. As an injured passenger, your claim can proceed while liability between the two drivers is being established, since you were not the one driving either vehicle.
Does it matter that I was getting a lift, not paying for a ride?
No. Whether the journey was a paid ride, an e-hailing trip or simply a lift from a friend does not change your basic position as an injured third party in the accident.
Should I still get my own police statement as a passenger?
Yes. Your account of what happened matters in its own right, and it should not be left to the driver alone to describe an accident that also affected you.
Sources
- Road Transport Act 1987, s.96 (Ministry of Transport) (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.