The claim process step by step
You do not know what happens first, or what comes after that, and want it laid out plainly.
A road accident claim runs through nine stages, in a largely fixed order.
The full sequence, start to finish
- Get treated and keep every medical record.
- Lodge a police report, generally within 24 hours.[1]
- Notify your insurer, and the other driver’s insurer where relevant.
- Arrange a vehicle inspection if damage or roadworthiness is in question.
- Obtain a specialist medical report once treatment and prognosis are clear.
- Let the insurer’s loss adjuster investigate liability and the amount.
- Negotiate a settlement, or file suit if it cannot be agreed.
- Go through pre-trial steps such as case management and often mediation.
- Reach a settlement recorded as a consent judgment, or proceed to trial.
Each stage has its own detail worth reading on its own, such as the sketch plan and key the police produce, or getting a specialist report that actually holds up.
Which court hears your claim
Malaysian civil claims are usually routed by value, but motor accident claims are the clear exception.
| Court | What it generally hears |
|---|---|
| Magistrates’ Court | Civil claims up to RM100,000[3] |
| Sessions Court | Motor accident claims of any size, plus other civil claims up to RM1,000,000[2] |
| High Court | Civil claims above RM1,000,000, other than motor accident claims[4] |
This is why a serious injury claim and a modest one can both end up in the same court. Sessions Court for motor claims explains why the rule exists.
What decides how fast you move through it
The pace depends mostly on how quickly your treatment stabilises and how quickly the insurer responds. Settling before your prognosis is clear can leave you with less than you need.
What to prepare from day one
Keep a single folder, physical or digital, for every document as it arrives: the police report, medical bills, correspondence with insurers, and any offer letters. Documents you need has the fuller checklist.
When to bring in a lawyer
You can manage the early stages yourself. Once an offer arrives or liability is disputed, an independent lawyer can take the claim on for you. Do you need a lawyer walks through that decision.
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 is the very first step after an accident?
Get treated and keep every medical record, then lodge a police report as soon as reasonably possible. These two steps anchor everything that follows, since later stages depend on the paper trail they create.
Do all claims end up in court?
No. Most road accident claims are resolved by negotiation, and a settlement is recorded as a consent judgment rather than fought at trial. Court becomes necessary mainly when liability or the amount cannot be agreed.
Why do motor accident claims all go to the Sessions Court?
The Sessions Court has unlimited jurisdiction specifically for motor accident claims, so the size of your claim does not push it to the High Court the way other civil claims can.[2] This keeps the process consistent regardless of how serious the injury is.
How long does the whole process take?
It varies with how quickly liability is agreed and how long medical treatment takes to stabilise. [How long a claim takes](/claim-timeline/) sets out the realistic ranges stage by stage.
Sources
- AskLegal.my, on Road Transport Act 1987 s.52 (accessed 2026-09-22)
- Office of the Chief Registrar, Federal Court of Malaysia (accessed 2026-09-22)
- Office of the Chief Registrar, Federal Court of Malaysia (accessed 2026-09-22)
- Office of the Chief Registrar, Federal Court 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.