E-hailing and delivery rider claim
You were working, on a trip or a delivery, when someone else's driving put you off the road.
An e-hailing driver or delivery rider hurt by another road user’s careless driving can claim against that driver’s insurer, in the same way as any other road user, since the insurer must satisfy a valid injury claim.[2] Working for a platform at the time does not change who pays, and your own permit status does not decide fault.[3]
Gig work needs different proof of income from a payslip job, as set out below.
Does my permit or platform status affect the claim?
Drivers often worry that a lapsed permit or the wrong licence category will be used against them. Fault is decided by how each driver drove, not by licensing paperwork.[3] Your claim stands on the same footing as anyone else’s.
How do I prove my income without a payslip?
This is usually the hardest practical part of a gig worker’s claim. These sources work well together.
- Your app’s earnings and trip history over recent months
- Bank statements showing regular deposits from the platform
- Screenshots of your typical weekly or daily trip volume
- Any tax filing that reflects your self-employed income
Self-employed and injured goes deeper into building this proof properly.
How do injuries differ between drivers and riders?
An e-hailing car driver’s injuries often follow a car accident pattern, such as whiplash from a sudden stop. A delivery rider’s often follow a motorcycle pattern, such as road rash or a fracture from a fall.
See whiplash claims and soft-tissue injury claims for whichever applies to you.
Why should I save my app data early?
Your trip’s route, timestamps and fare details support the police report and any dashcam footage. Some platforms keep this data only for a limited period, so a same-day screenshot is worth more than a request made weeks later.
What if I was partly at fault?
If your own riding or driving played a part, a court can reduce your compensation for that share rather than refuse the claim.[4] How contributory negligence works explains this.
What to do next
Get treated, screenshot your trip details, and notify your platform as well as the insurers involved. The general deadline for your own injuries is six years from the accident in Peninsular Malaysia.[1]
E-hailing driver and delivery rider cover what comes next for each role. An independent lawyer can take on the claim: send the accident date, where it happened, whether anyone was injured (yes/no), your app 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
Does my own e-hailing or delivery permit status affect my claim?
No. A permit or licensing question is separate from who was negligent in causing the crash, and a Court of Appeal ruling has confirmed that a licensing gap does not itself decide fault.[3] Your right to claim against the at-fault driver does not depend on your own paperwork being perfect.
How do I prove my lost income if I do not have a payslip?
Your app's earnings statements, trip history and bank deposits can show your typical income over recent months. [Self-employed and injured](/self-employed-injury-help/) covers how this kind of proof is put together for a claim.
Who pays if another driver caused the crash while I was working?
The at-fault driver's insurer pays a valid claim for your injuries, in the same way it would for any other road user.[2] Working for a platform at the time does not change whose insurer is responsible.
What if I was not wearing a helmet on a delivery run?
It can reduce your own compensation if it affected a head injury, though it does not end your claim outright.[4] There is no fixed percentage, and the full facts of the crash still matter most.
How long do I have to make my claim?
The general deadline for your own injuries is six years from the accident in Peninsular Malaysia.[1] App trip records are often kept for a limited period only, so save yours well before that deadline is even close.
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)
- HHQ, on a Court of Appeal ruling on negligence and licensing (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.