What Insurers Do Not Tell You
You are dealing with an insurer and suspect there is more you have not been told.
An insurer is not required to volunteer every option open to you in a road accident claim. A few things rarely come up unless you ask.
An interim payment is not automatically offered
Money before your claim finishes is called an interim payment. You generally have to ask for it yourself, because it is not part of the standard first offer.
The first offer is rarely the final word
An early offer is often made before your medical report is complete. Before you accept a settlement offer covers what to check first.
The loss adjuster works for the insurer
A loss adjuster is sent by the insurer to check the accident and your losses. A friendly manner does not change who they work for. Their report usually shapes the next offer.
Your deadline is longer than three years
An ordinary injury claim generally has six years in Peninsular Malaysia to be brought, not the three years sometimes assumed.[2] Nobody has to remind you, so confirm it for your own case.
Signing a release usually closes the file for good
Once you sign a settlement, reopening it is generally difficult, even if your injury turns out worse than expected. Read the release fully before you sign.
Why this is not always volunteered
Staying quiet is not necessarily improper, since the law already requires the insurer to satisfy a valid judgment for death or injury.[1] The work of asking sits with you.
This is the point where an independent lawyer can take the claim on and deal with the insurer for you. For the first contact, share general dates, location, case status and a short summary only. Keep documents private. Only after an identified lawyer or law firm contacts you and specifically asks for them should you provide that identified lawyer or firm with the accident date, where it happened, whether anyone was injured (yes/no), any offer letter, 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
Why would an insurer not mention an interim payment if it exists?
It is not part of the standard offer process, so it is usually left for the claimant to raise. Asking clearly, with documents showing a genuine and pressing cost, is a normal part of managing a claim that is taking time.
How do I know if my settlement offer is actually fair?
Compare it against your documented losses, including medical costs, lost income and any future treatment, rather than the number alone. A review before signing is worth doing, especially if treatment is still ongoing.
Is the loss adjuster on my side at all?
The adjuster works for the insurer, not for you, even where the conversation feels friendly and routine. Being accurate and factual with them protects you regardless of how the exchange feels.
What is the real deadline for my claim if I was told it was three years?
For an ordinary personal-injury claim in Malaysia, the general deadline is six years from the accident in Peninsular Malaysia, not three. A fatal claim or a claim against a government body each carries its own shorter deadline.
Sources
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (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.