Claim deadlines you need to know
You have heard different deadlines from different people and want to know which one applies to you.
The deadline for a Malaysian road accident claim depends on the type of claim. Many people believe every claim runs on a three-year clock. For ordinary injury claims in Peninsular Malaysia that is wrong, and the table below sets out each deadline. Sabah and Sarawak have their own limitation ordinances, covered further down.
The deadlines compared
| Situation | Deadline | Runs from |
|---|---|---|
| Your own injury, an ordinary claim in Peninsular Malaysia. | Six years.[1] | The date of the accident. |
| A fatal or dependency claim. | Three years, treated as absolute.[2] | The date of death. |
| A government or public authority defendant. | 36 months.[3] | The date of the act complained of. |
| An uninsured driver claim through the Motor Insurers’ Bureau (MIB). | Three years.[4] | The date of the accident. |
| A child’s own injury claim. | Six years from turning 18.[5] | The child’s 18th birthday. |
The three-year figure and where it applies
In Peninsular Malaysia, the Limitation Act 1953 gives an ordinary injury claim six years, so the belief that every injury claim has three years is wrong there.[1]
Three years is real in Malaysia too, for narrower situations, chiefly a fatal claim.
Sabah and Sarawak are different
The Limitation Act 1953 applies to Peninsular Malaysia. Sabah and Sarawak have their own limitation ordinances, and the periods for injury claims there are different and shorter than six years. A lawyer must confirm the exact period for your accident. If the accident happened in Labuan, check the position with a lawyer too.
Why the fatal deadline is shorter and stricter
A dependency claim after a death runs on a three-year clock from the date of death, not the date of the accident. Courts have treated this as an absolute limit, with essentially no room to extend it.[2]
Making a claim after a fatal accident covers what this means for a grieving family in practice.
Why the deadline is a backstop, not a plan
Even with six years, waiting close to the limit works against you. Evidence and witnesses fade long before the legal clock runs out.
How long a claim takes explains the usual pace of a claim, which is almost always shorter than the deadline.
What happens if you miss it
Missing the deadline generally bars the claim entirely, with very limited exceptions. This matters most for the shorter three-year and 36-month periods.
What to do with this information
Find the row in the table that fits your situation and treat it as your outer limit, not your target. Do you need a lawyer can help you work out which deadline applies.
An independent lawyer can take the claim on and keep track of the dates. 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
Is it true I only have three years to claim for my injury?
Not in Peninsular Malaysia. There, an ordinary personal injury claim generally has six years from the accident.[1] Three years applies to narrower situations such as a fatal claim. Sabah and Sarawak have their own limitation ordinances with different, shorter periods for injury claims, so if the accident happened there, a lawyer must confirm your date.
What is the deadline if a family member died in the accident?
A dependency claim generally must start within three years of the date of death, and Malaysian courts have treated this as an absolute bar with no extension.[2] This is shorter than the injury deadline, so acting quickly matters here specifically.
What if the vehicle that hit me belonged to a government department?
A different, shorter period of 36 months can apply where the defendant is the government or a public authority.[3] It is worth checking who the vehicle actually belonged to early on.
Does a child injured in an accident have longer to claim?
Generally yes. Time usually does not start running until the child turns 18, giving them six years from that birthday to bring their own claim.[5] This does not apply to a fatal claim on the child's behalf, which follows the three-year rule instead.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Shan Chambers, on Civil Law Act 1956 s.7(5) (accessed 2026-09-22)
- Public Authorities Protection Act 1948, s.2(a) (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau of West Malaysia (accessed 2026-09-22)
- Thomas Philip, on Limitation Act 1953 s.24 (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.