Common Myths About Road Accident Claims
You have heard a few things about road accident claims and are not sure which are true.
Several widely repeated beliefs about road accident claims in Malaysia are wrong, and believing them can cost you a valid claim. Below, each common myth is set against the actual rule.
Myth: you have three years to claim
The real figure is six years in Peninsular Malaysia, not three, for an ordinary personal-injury claim.[1] The three-year figure often comes from other countries, and it is not the Peninsular rule. Sabah and Sarawak have their own time limits, so if your accident happened there, ask a lawyer to confirm yours.
Myth: no licence means no claim
Malaysian courts treat a missing licence, road tax or insurance as a separate offence.[2] It does not decide who was actually at fault in the crash.
Myth: a hit-and-run always pays out
The Motor Insurers’ Bureau (MIB) can help where the vehicle is identified, even if uninsured. A genuine hit-and-run, where nobody can trace the car, generally has no such remedy.[3]
Myth: part fault means no claim
Malaysian law shares out responsibility instead of refusing the claim outright.[4] A court reduces the award to reflect your share, with no fixed percentage.
Myth: the first offer is final
An offer can usually be discussed, especially before your medical report is ready. Before you accept a settlement offer explains what a fair figure should reflect, and most disputes still end in a consent judgment rather than a trial.
Why these myths spread so easily
Much of this advice comes from rules that apply in other countries. If a claim cannot be agreed, it can be filed in the Sessions Court, and the full claim process sets out what happens next.
If an insurer has told you that you cannot claim, or pressed you to accept a first offer, an independent lawyer can take the claim on. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.
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Common questions
Where does the three-year myth actually come from?
It largely comes from rules that apply elsewhere bleeding into local advice, since a shorter limitation period does apply in some other countries. For an ordinary Malaysian personal-injury claim the period is six years in Peninsular Malaysia, though a fatal claim and a claim against a government body each carry their own shorter deadline.
If the other driver had no insurance at all, do I have no options?
Not necessarily. If the vehicle can be identified, a claim to the Motor Insurers' Bureau may be possible for injury or death, though it is a discretionary payment with its own time limit rather than an automatic right.
Does admitting I was a little at fault ruin my claim?
No. Malaysian law already allows for shared fault by reducing the award proportionately rather than refusing the claim outright, so a partial share of blame is not the end of the matter.
Is it true that a lawyer always takes a large cut of the payout?
Legal fees are agreed between a client and their lawyer and are separate from how much your claim is worth. Malaysian rules restrict certain fee arrangements for litigation, so it is worth asking directly rather than relying on what you have heard elsewhere.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- HHQ, on the Court of Appeal ruling (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau (accessed 2026-09-22)
- Low & Partners, on Civil Law Act 1956 s.12 (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.