Road accident claim glossary
Legal and insurance terms from road accident claims, explained in everyday words.
Terms you will meet in letters from insurers, police and the court, explained in everyday words. Grouped by first letter.
A–D
Act of GodAn act of God is a natural event outside human control, such as a flash flood, that can affect who is held responsible for a crash.AffidavitAn affidavit is a written statement of facts sworn before an authorised officer, used as evidence at various stages of a court claim.Akuan berkanun (statutory declaration)An akuan berkanun, or statutory declaration, is a sworn statement sometimes used to explain a late police report or a missing document.ApportionmentApportionment is how a Malaysian court divides fault by percentage when more than one person contributed to causing an accident or its harm.Assessment of damagesAssessment of damages is the court process that puts a value on an injury claim once liability has already been decided or admitted.Bank Negara Malaysia (BNM)Bank Negara Malaysia is the central bank that regulates Malaysia's insurance industry, including the framework behind motor insurance schemes.Bereavement awardBereavement award explained: the fixed statutory sum close family can claim after a fatal Malaysian road accident, separate from lost support.BettermentBetterment is the deduction an insurer makes when a repair leaves a vehicle better than before the accident, such as a new part for a worn one.CausationCausation explained: why a Malaysian claim must show the other driver's carelessness actually caused your specific injury.Civil Law Act 1956The Civil Law Act 1956 is the Malaysian statute setting out how compensation is assessed for personal injury, dependency and estate claims.Compendium of Personal Injury AwardsThe Compendium of Personal Injury Awards explained: the Bar Council guide Malaysian courts use as a reference when valuing pain and suffering.Compounding of offenceCompounding of an offence lets certain traffic offences, such as a late police report, be settled with a fine instead of prosecution.Consent judgmentConsent judgment explained: how a settled Malaysian road accident claim is recorded by the court as a final, agreed decision.Consent orderConsent order explained: a court order in Malaysia that simply records what both sides in a claim have already agreed.Contributory negligenceContributory negligence explained: how being partly at fault in Malaysia reduces a compensation award instead of ending the claim.Dependency claimDependency claim explained: how spouses, parents and children in Malaysia claim for the support they lost when a road accident caused a death.DiscoveryDiscovery is the pre-trial stage where both sides in a claim must exchange the documents relevant to the case, such as reports and records.Duty of careDuty of care explained: the legal obligation every road user owes others, and why it is the starting point of a negligence claim.
E–L
e-Reporting (PDRM online accident report)e-Reporting is PDRM's online system for lodging a report on a minor accident with no injury or third-party property damage.Estate claimEstate claim explained: how a deceased person's own losses, like pre-death pain and medical costs, are recovered for the estate in Malaysia.Ex gratiaEx gratia explained: a goodwill payment made without admitting a legal duty to pay, as with some Motor Insurers' Bureau decisions.ExcessAn excess is the fixed amount a policyholder pays toward vehicle repair costs before the insurer covers the remainder under a motor policy.Gambar rajah (accident sketch)A gambar rajah, or accident sketch plan, is the police diagram showing vehicle positions and road layout, used as evidence in a claim.General damagesGeneral damages explained: the compensation head for pain, suffering and how an injury affects your life, assessed under Malaysian law.General vs special damagesGeneral damages compensate for pain and suffering, while special damages repay specific, provable out-of-pocket losses from an accident.High CourtHigh Court explained: when a Malaysian civil claim reaches this level, and why most road accident claims stay in the Sessions Court instead.Interim paymentInterim payment explained: an early partial payment during a Malaysian claim, made before the full compensation is finally settled.IPD (district police headquarters)An IPD, or district police headquarters, is where an accident is usually formally reported if it caused injury or third-party damage.Joint tortfeasorsJoint tortfeasors are two or more people whose separate acts together caused the same accident, each potentially liable for the full loss.JPJ (Jabatan Pengangkutan Jalan)JPJ is Malaysia's Road Transport Department, which handles vehicle registration, road tax and driving licences relevant to an accident claim.JSPT (Traffic Investigation and Enforcement Department)JSPT is the PDRM department that investigates road accidents nationally and identifies high-risk roads such as accident blackspots.Judgment in defaultA judgment in default is a court decision made against a defendant who fails to respond or defend a claim within the required time.Knock-for-knockKnock-for-knock explained: the industry arrangement where each insurer pays its own driver's vehicle damage without arguing over fault first.Laporan polis (police report)A laporan polis, or police report, is the official record of an accident lodged with PDRM, usually required within twenty-four hours.Letter of demandA letter of demand is a formal written request for payment sent before a claim is filed in court, setting out what is owed and why.LiabilityLiability explained: the legal question of who was at fault in a Malaysian road accident, and why it is decided before compensation is.Limitation Act 1953The Limitation Act 1953 sets Malaysia's deadlines for filing a claim, including the six-year period for an ordinary personal injury case.Limitation periodLimitation period explained: the deadlines for road accident claims in Malaysia, from six years in Peninsular Malaysia for injury to three years for a death.Loss adjusterLoss adjuster explained: the person an insurer sends to check an accident and your losses before it decides on a claim in Malaysia.Loss adjuster reportA loss adjuster report is the insurer's written assessment of a crash and its likely value, prepared before any settlement offer is made.Loss of earning capacityLoss of earning capacity explained: compensation for a reduced ability to earn in future, even where current pay has not yet dropped.Loss of supportLoss of support explained: how Malaysian courts value the income a family no longer receives after a breadwinner dies in a road accident.
M–R
Magistrates' CourtMagistrates' Court explained: its civil claim limit in Malaysia, and why most road accident claims are filed elsewhere instead.Malaysian Motor Insurance Pool (MMIP)The Malaysian Motor Insurance Pool (MMIP) explained: insurance for owners who cannot get cover elsewhere, and how it differs from the Motor Insurers' Bureau.Medical negligence vs accident injuryMedical negligence is harm caused by a treating doctor's error, a separate legal claim from the injuries caused by the road accident itself.Medical reportMedical report explained: the document from your treating doctor that records the injury and treatment behind a Malaysian claim.Motor Insurers' Bureau (MIB)The Motor Insurers' Bureau (MIB) explained: the limited safety net that may pay injury compensation when the at-fault driver had no insurance.MultiplicandMultiplicand explained: the yearly income figure Malaysian courts multiply to work out a future loss of earnings or dependency award.MultiplierMultiplier explained: the years-based figure Malaysian courts apply to future income loss, and how a claimant's age affects it.NegligenceNegligence explained: the legal standard a Malaysian road accident claim usually rests on, and the three things it requires proving.No claim discount (NCD)No claim discount (NCD) explained: how it builds up, what puts it at risk after an accident, and why an injury claim usually leaves it alone.Notice of accidentA notice of accident is the prompt notification an insurer expects after a crash, usually required under the terms of a motor policy.Own damageOwn damage explained: the part of a motor insurance policy that pays for repairs to your own vehicle, separate from any injury claim.Pain, suffering and loss of amenitiesPain, suffering and loss of amenities (PSLA) explained: the part of a Malaysian injury claim that values the injury and its effect on your life.PDRM traffic policePDRM traffic police is the branch of Malaysia's national police force that investigates road accidents and enforces traffic law.Permanent disabilityPermanent disability explained: how a lasting impairment from a Malaysian road accident is documented and factored into a claim.Personal injuryPersonal injury is physical or psychological harm caused by an accident, forming the basis of a claim against the person at fault.PIAM (Persatuan Insurans Am Malaysia)PIAM is the association representing Malaysia's general insurers, including motor insurers, coordinating industry-wide claims frameworks.PleadingsPleadings explained: the written documents where each side in a Malaysian road accident lawsuit sets out its version of events.Pre-accident market value (PAMV)Pre-accident market value is what a vehicle was worth immediately before a crash, the figure insurers use to calculate a total loss payout.Pre-trial case managementPre-trial case management is the court process where a judge oversees a claim's progress before trial, including deadlines and settlement talks.PrognosisPrognosis explained: a doctor's expected outlook for your recovery, and why it shapes a Malaysian personal injury claim's value.Public Authorities Protection Act 1948The Public Authorities Protection Act 1948 gives a shorter deadline, thirty-six months, for suing the Malaysian government or a public authority.PuspakomPuspakom is Malaysia's licensed vehicle inspection company, which examines accident-damaged vehicles for roadworthiness and repair assessment.QuantumQuantum explained: the legal term for the amount of compensation a claim is worth, and why it depends on evidence rather than a fixed table.Quantum guideA quantum guide explains the factors that shape how much a claim may be worth, without quoting fixed compensation figures for any injury.Res ipsa loquiturRes ipsa loquitur is a legal principle letting a court infer negligence from the accident itself when there is no other explanation for it.Road Transport Act 1987The Road Transport Act 1987 is the Malaysian law that makes motor insurance compulsory and requires insurers to pay valid injury claims.Running-down actionRunning-down action explained: the legal term for a motor accident lawsuit in Malaysia, and which court usually hears it.
S–Z
SalvageSalvage is a damaged vehicle's remaining value once an insurer treats it as a total loss, usually sold to a scrapyard or parts buyer.Section 28ASection 28A of the Civil Law Act 1956 sets out how a Malaysian court assesses compensation for a living claimant's personal injury.Section 52 RTASection 52 of the Road Transport Act 1987 requires an accident causing injury, death or damage to be reported within twenty-four hours.Section 7 dependency claimSection 7 of the Civil Law Act 1956 lets a spouse, parent or child claim for the financial support they lost when a road death occurred.Section 8 estate claimSection 8 of the Civil Law Act 1956 lets a deceased person's estate continue their claim for losses suffered before death.Section 96 RTASection 96 of the Road Transport Act 1987 requires an insurer to pay a court judgment for death or bodily injury against its policyholder.Sessions CourtSessions Court explained: why nearly every Malaysian motor accident claim is filed here, regardless of how much compensation is sought.SettlementSettlement explained: how most Malaysian road accident claims end by agreement instead of a trial, and what to check before accepting one.Sketch planSketch plan explained: the police diagram of a Malaysian road accident scene, and why it matters as evidence in a claim.Special damagesSpecial damages explained: the claim for costs you have already paid, like medical bills and lost pay, and how they must be proved.Special damages vs general damagesSpecial damages vs general damages explained: the difference between proven out-of-pocket costs and the court's assessment of your injury.Special mentionA special mention is a short, procedural court hearing used to check the progress of a filed claim rather than to argue the case itself.Specialist reportSpecialist report explained: the detailed medical assessment a Malaysian claim relies on to value pain, suffering and future needs.Statement of claimStatement of claim explained: the document that sets out the facts and the compensation sought in a Malaysian road accident lawsuit.Statutory declarationStatutory declaration explained: the sworn written statement used in Malaysia to explain facts such as a late accident report.SubrogationSubrogation explained: how an insurer that has paid your own damage claim can step into your shoes to recover the cost from the at-fault driver.Third partyThird party explained: who counts as one in a Malaysian motor insurance claim, and why the term decides who can claim from whom.Third-party bodily injuryWhat a third-party bodily injury (TPBI) claim means in Malaysia: who it covers, who pays it, and how it differs from vehicle damage.Third-party claim formA third-party claim form is the document an injured third party uses to formally notify an at-fault driver's insurer of a claim.Third-party property damageThird-party property damage is damage caused to another person's vehicle or property, claimed separately from any bodily injury caused.TortfeasorA tortfeasor is the person whose careless act, such as negligent driving, caused the loss or injury at the centre of a claim.Total lossA total loss is when repairing a damaged vehicle would cost more than its value before the accident, so the insurer pays out instead of fixing it.Without prejudiceWithout prejudice explained: why this label on settlement talks in a Malaysian claim usually keeps them out of court later.Writ of summonsWrit of summons explained: the court document that formally begins a Malaysian road accident lawsuit against the other party.
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