What Happens at a Running Down Trial
Your case did not settle, and a court hearing now looks likely.
A running down trial is the hearing stage of a road accident claim. It is held when liability or the amount could not be agreed. It is rare, since most claims settle first.
What does running down mean?
Running down is an older legal term still used in Malaysia for a claim arising from a motor vehicle accident. You may see it as a running down (RDN) suit once a case is filed in the Sessions Court, which hears these claims regardless of size.[1]
What happens before the hearing?
Cases generally go through case management, and often court-encouraged mediation. Many claims are resolved at this stage.
What happens on a hearing day?
Each side presents its evidence, including witnesses, the police report and medical reports. Both sides question the witnesses. The judge then decides liability, which may be shared between the parties, and the amount of compensation.
How long does a trial take?
It depends on the number of witnesses and how contested the facts are. A simple dispute can take one day. A complex one can run several sittings. The claim process step by step shows where trial fits.
What happens after judgment?
The losing side is expected to pay under the judgment. The insurer’s duty to satisfy a valid injury judgment applies here as it does to a settled claim.[2] A judgment can be appealed in limited circumstances, which is a separate step.
Why do most claims never reach trial?
A consent judgment gives a similar result without a hearing. Before you accept a settlement offer covers the stage where most cases resolve.
If your claim is heading to court, an independent lawyer can act for you at the hearing. Share general dates, location, case status and a short summary only for the first contact. Only after an identified lawyer or law firm contacts you and specifically requests the documents should you provide that identified lawyer or firm with the accident date, where it happened, whether anyone was injured (yes/no), the police report status and any court papers you have received.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
What does running down actually mean as a term?
It is an older legal label still used in Malaysia for a claim from a motor vehicle accident, often shown on court papers as a running down suit. It says nothing about how the accident happened.
How common is it for a claim to reach trial?
Uncommon. Most claims settle earlier, through negotiation or a consent judgment. Trial happens where liability or the amount cannot be agreed.
Do I need to give evidence myself if my case goes to trial?
Usually yes, since your own account is part of the evidence. Your lawyer prepares you for the questioning.
Can a case still settle after a trial date has been fixed?
Yes. A settlement can be reached right up until the hearing starts.
Sources
- Subordinate Courts Act 1948, s.65 (CommonLII) (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.