Understanding Your Rights After a Crash
You were hurt in someone else's accident and do not know what you are entitled to.
Being hurt in someone else’s road accident gives you real rights in Malaysia. Knowing them early makes the process less confusing.
The right to claim even if you were partly at fault
Malaysian law shares out responsibility instead of refusing the claim. A court reduces the award to reflect your share, decided on the facts rather than a fixed rule.[2]
The right to time to bring your claim
An ordinary personal-injury claim generally has six years from the accident in Peninsular Malaysia.[1] A fatal claim, or one against a government body, has its own shorter deadline.
The right to have a valid claim paid
Once a certificate of insurance is in force, the at-fault driver’s insurer must satisfy a valid judgment for death or bodily injury.[3] In most cases you are not chasing the other driver personally for the money.
The right to understand an offer before accepting it
Nothing requires you to accept a settlement offer straight away, especially while treatment continues. Before you accept a settlement offer sets out what to check first.
The right to get your own advice
You can seek independent advice at any point, even after speaking with a loss adjuster or receiving an offer. Doing so does not weaken a genuine claim.
Putting these rights to use
The road accident claim basics and the full claim process show where each right fits in a claim.
When an insurer pushes back or an offer looks low, an independent lawyer can take the claim on and use these rights 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
Do I lose my right to claim if the accident was partly my fault?
No. Malaysian law reduces the compensation to reflect your share of fault rather than ending the claim altogether, so partial responsibility is not the same as having no claim at all.
Am I entitled to see the insurer's reasoning behind an offer?
You are entitled to ask what an offer covers and to have it explained, even if a full breakdown is not always given automatically. Asking directly is a normal and reasonable part of reviewing any offer.
Can I get advice from someone else even after talking to the insurer's adjuster?
Yes. Speaking with a loss adjuster does not use up your right to get independent advice at any later point, including after an offer has already been made.
What happens if I do not use these rights in time?
Some rights, particularly the deadline to bring a claim, are strict once they pass. Others, like asking questions about an offer, remain open until you actually sign something, so it is worth acting rather than assuming a right will simply wait.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Low & Partners, on Civil Law Act 1956 s.12 (accessed 2026-09-22)
- 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.