Injured car driver
You were driving when someone else hit you, and now the insurer feels like the enemy.
Another driver hit your car, and now you are dealing with pain, a damaged vehicle and an insurer that feels like it is on the other side. The insurer is the party that must check the facts before it pays.
What if the other driver blames you?
This happens when the two accounts do not match. Fault is not decided by whoever speaks first or loudest.
Dashcam footage, the police sketch plan and any independent witness usually settle a dispute more reliably than two competing stories.
Will the insurer actually pay you?
Once fault is established, the at-fault driver’s insurer must satisfy a valid claim for your injuries, because Malaysian law requires their policy to cover it.[1] This is a legal duty, not a favour.
Your car and your injury are two separate things
Your injury claim does not wait on the vehicle repair. Making a car accident injury claim explains how the two tracks run separately, so a slow repair does not mean a slow injury claim.
The limits
With no evidence beyond two conflicting accounts, a claim is harder to prove, though not impossible. Not wearing a seatbelt can also reduce your compensation without ending your claim.[2]
What to do next
Photograph everything before the car is moved or repaired, and ask for nearby CCTV early. If the insurer has made an offer, have it reviewed before you sign anything.
If the insurer disputes your account or the offer is low, an independent lawyer can put your side forward and take the claim 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
What if the other driver tells a different story to the police?
This is common, and it is exactly why evidence matters more than either account alone. Dashcam footage, the sketch plan and witnesses usually settle a dispute that two conflicting statements cannot.
Will the insurer just believe the other driver?
An insurer investigates before deciding, it does not simply take one side's word. A valid claim for your injuries is still owed once fault is established, since the law requires their policy to cover it.[1]
My car is in the workshop. Does that affect my injury claim?
No, they are separate. Your car's repair runs under [your own vehicle damage claim](/own-damage-claim/) or a property claim, while your injury claim follows its own track.
I was not wearing my seatbelt. Am I in trouble?
It can reduce your compensation if it affected your injury, but it does not end your claim.[2] The rest of the facts still carry most of the weight.
Sources
- 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.