Third Party Claim vs Own Damage Claim

Your car needs repair and you cannot tell which insurance route actually applies to you.

For people seeking legal representation. For general information, please use our guides and tools.

A third party claim and an own damage claim are two routes that can both follow the same accident. A third party claim recovers money for your injury from the driver who caused it, paid through that driver’s insurer. An own damage claim repairs your own vehicle, paid through your own insurer.

Take a rider knocked down by a car that ran a red light. His leg needs surgery and his bike is a wreck. The leg becomes a third-party injury claim against the car driver’s insurer, part of the wider road accident claim process. The bike becomes a separate own damage claim against his own policy.

How the two routes compare

Third party claimOwn damage claim
What it coversYour injury and its costsRepair to your own vehicle
Who you claim againstThe at-fault driver’s insurerYour own insurer
Depends on faultYes, you must show the other driver was carelessDepends on your policy and arrangement
Effect on your discountUsually none, since it is not your own policy payingCan reduce it in some cases

Why the law splits it this way

Malaysian law requires every vehicle to carry third party cover for death and injury. Cover for your own car is a separate, optional part of a comprehensive policy.[1] That is why the two claims feel like different processes.

Can you run both at the same time

Generally yes. The two claims cover different losses, so pursuing one does not stop the other. Keep the paperwork separate in your own files.

What to watch for

Do not let one insurer’s adjuster become your only contact for both matters. The car driver’s insurer handles your injury, and your own insurer handles your vehicle.

Keep a separate reference number for each claim from the start. Quoting the wrong reference to the wrong insurer can cost you days of back and forth.

What to do next

Report the accident to the police and to both insurers as early as you can. Keep your medical records and your repair quote in separate folders, since your no-claim discount and a claim depends on how the vehicle side is routed.

The injury claim is usually the larger and slower of the two, and it is the one where an insurer may push for a low offer. An independent lawyer can take the injury claim on while you deal with the repairs. Send the accident date, where it happened, whether anyone was injured (yes/no), the other driver’s insurer and the police report status.

Need a lawyer to handle your injury claim?

Your workshop bill and your hospital visit come from one crash but follow different paths. Send us the insurer name and whether anyone was injured (yes/no), and an independent lawyer can run the injury claim while you sort the repairs.

For people seeking legal representation. For general information, please use our guides and tools.

Common questions

Can I claim for my injury and my car damage from the same accident?

Usually yes. They are two separate claims, even though one accident caused both. Your injury runs through a third party claim against the other driver's insurer. Your vehicle runs through your own policy as an own damage claim.

Does an own damage claim affect my no-claim discount?

It can, depending on fault and your policy's terms. A third party injury claim generally does not touch your discount, since it is not your own policy paying out. Your no-claim discount and a claim explains what decides this.

What if I only have third party insurance, not comprehensive cover?

Then there is no own damage claim to make, because that cover is not part of your policy. Your third party claim against the other driver for your injury still stands on its own. You would pay for your own vehicle's repair yourself.

Which claim should I start first?

Start both promptly, since each runs on its own timeline. Report the accident and tell both insurers early, so the injury side and the vehicle side are both protected.

Need a lawyer to handle your injury claim?

Considering engaging a lawyer for your road accident claim? Request contact about possible representation. Any legal work and fees are agreed directly with an independent lawyer.

For people seeking legal representation. For general information, please use our guides and tools.