Making a car accident injury claim
You were in a car someone else hit, and now you do not know what happens next.
A car accident injury claim is how a driver or passenger recovers money for injuries caused by another driver’s carelessness. The at-fault driver’s insurer pays a valid claim, and this runs separately from whatever happens to your own car.
Who pays, and what is separate
The other driver’s insurer pays your injury claim once fault is established.[2] Your own car’s damage is handled under a different process, either your own comprehensive policy or a claim against the other driver for property damage.
Claiming for your own vehicle damage and claiming property damage from the other driver explain those two routes, so the money for your car stays apart from the money for your injuries.
What injuries are common in a car accident claim?
Seatbelts and airbags change the injury pattern compared with a rider or pedestrian, but injuries still happen.
- Whiplash and neck strain from the sudden jolt
- Back and spinal strain, especially in a rear-end or pileup crash
- Chest or rib bruising from the seatbelt or airbag itself
- Facial or head injury where the airbag did not deploy in time
See whiplash claims for how this common injury is documented and assessed.
What evidence decides a car claim?
- The police report and sketch plan for the collision.
- Dashcam footage, yours or the other driver’s, if it exists.
- Photographs of both vehicles and the road layout.
- A Puspakom or JPJ vehicle inspection where damage is disputed.
- A specialist medical report on your injuries and prognosis.
Dashcam evidence explains why footage often settles a dispute that would otherwise take months.
Were you partly at fault?
A claim is not lost because you also made a mistake, such as not wearing a seatbelt or braking late. The court reduces the award by your share of the fault instead of refusing it.[3] How contributory negligence works sets out the principle, which has no standard percentage.
What to do next
Get treated, lodge your police report, and do not accept a figure until your injuries are properly understood. The general deadline for your own injuries is six years from the accident in Peninsular Malaysia, so start well before then.[1]
If an offer has already arrived, get your offer reviewed first. Injured car driver and injured car passenger cover the next steps for each seat.
When you want someone to handle the claim, an independent lawyer can take it on. 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
Who pays for my injuries after a car accident?
The at-fault driver's insurer pays a valid claim for your injuries, since Malaysian law requires their policy to cover death or bodily injury to a third party.[2] This is separate from any claim for damage to your own car.
Does my no-claim discount get affected if I claim for my injuries?
Not in the same way as a vehicle damage claim. A third-party injury claim is generally pursued against the other driver's insurer, not your own policy, though the details can differ by insurer. See [your no-claim discount and a claim](/ncd-and-claims/) for the fuller picture.
Can I claim if I was not wearing a seatbelt?
Usually yes, though it can reduce your compensation if the seatbelt would have lessened your injury. Malaysian courts reduce an award for a claimant's own share of fault rather than end the claim, and there is no fixed percentage for this.[3]
What if more than one car was involved?
Fault is worked out car by car, based on what each driver did, so more than one insurer can end up sharing responsibility. See [multi-vehicle pileup](/multi-vehicle-pileup/) for how a claim runs when several cars are involved.
How long do I have to bring my claim?
The general deadline for your own injuries is six years from the accident in Peninsular Malaysia.[1] Starting early still matters, since dashcam footage, CCTV and witness memory fade well before that deadline arrives.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (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.