Making a claim after a fatal accident

A fatal road accident claim lets a deceased person’s family recover the financial losses caused by someone else’s careless driving. Malaysian law splits this into two separate claims: one for the dependants who relied on the person who died, and one for the deceased’s own estate. The dependency claim generally must start within three years of the date of death.^[1] The estate claim’s deadline needs to be confirmed by a lawyer.

For a living injury this is called a road accident claim. After a death, the path and the deadlines change.

What counts as a fatal road accident claim?

It covers the financial harm a family carries when someone dies because of another road user’s negligence. It usually has two parts: a dependency claim brought by the family and an estate claim brought for the person who died.

The two claims cover different losses, so a family often brings both together.

Who can bring a dependency claim?

The spouse, parents and children of the person who died can generally bring a dependency claim.^[2] The eligible class was widened by a 2019 change in the law to include certain disabled dependants who relied on the deceased financially.

A dependency claim mainly recovers the financial support the family would have received and reasonable funeral costs. Malaysia also has a fixed statutory bereavement sum, currently RM30,000, subject to current law.^[3]

What does the estate claim recover?

An estate claim continues the legal claims the deceased already held at the moment of death, brought for the benefit of the estate. It typically covers pain and suffering before death, medical bills already incurred, and funeral costs already paid.

The law does not allow the estate to claim the earnings the deceased would have made after death, so no figure for a full future working life is added.

What is the deadline?

The deadline for a dependency claim is three years from the date of death, and Malaysian courts treat this as an absolute bar.^[1] That is shorter than the six-year deadline for an ordinary personal injury claim.

Time runs from the day the person died, not the day of the crash. This matters if death followed a period in hospital. See claim deadlines explained to compare the periods.

What if a government vehicle was involved?

Where the at-fault vehicle belonged to a government department or a public authority, a shorter 36-month period can apply under a different law.^[4] Check the facts early instead of assuming three years applies.

What should the family do in the first weeks?

A few things matter early.

• Get the death certificate and the police report.
• Note who was financially dependent on the person who died, and how.
• Keep the other driver’s and insurer’s details together in one place.
• Keep receipts for funeral costs, since these are recoverable.

What mistakes should the family avoid?

Assuming only one claim exists can leave real losses unclaimed. Waiting until the three-year window is close can cost the claim altogether.

When the family is ready, an independent lawyer can take on both claims. Do you need a lawyer helps if you are unsure. Send the dates of the crash and the death, where it happened, and the police report status.