The insurer says it was my fault
A letter or a call from the insurer has just told you that you caused this.
An insurer saying the accident was your fault is not the end of the case. That assessment is the insurer’s own view of the evidence it has reviewed, not a court’s decision. It can be challenged, and it can change once more evidence is put forward.
What an insurer’s assessment actually is
The letter comes from a loss adjuster working for the insurer, not an independent judge. It is an opinion formed from the evidence available at the time, which may be incomplete or based on one side’s account.
Who is at fault after an accident is decided by weighing the police report, witness statements, road evidence and vehicle damage together. How the insurer’s adjuster works explains why an early assessment can look one-sided.
What to do if you disagree
A few steps put your side of the picture back into the assessment.
- Ask specifically what evidence the assessment was based on.
- Provide your own account, in writing, as clearly and factually as you can.
- Share any evidence you have: photos, witness contact details, medical records.
- Point to the police report if it supports your version of events.
If part of the disagreement is that you were partly, but not solely, at fault, contributory negligence explains how shared responsibility is actually handled.
If negotiation fails
Sometimes the assessment still stands once all the evidence is weighed. If the disagreement cannot be resolved by negotiation, the matter can go to the Sessions Court, which has unlimited jurisdiction over motor-accident claims of any size.[1]
What to do next
Being blamed by an insurer is a position to respond to, not a verdict to accept. Do you need a lawyer can help you decide how to respond.
An independent lawyer can take the claim on, put your account and evidence to the insurer, and contest their version. For the first contact, share general dates, location, case status and a short summary only. Keep documents private. Only after an identified lawyer or law firm contacts you and specifically asks for them should you provide that identified lawyer or firm with the accident date, where it happened, whether anyone was injured (yes/no), the insurer’s letter, 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 the insurer's assessment of fault final?
No. It is the insurer's own view based on the evidence it has reviewed, and it can be challenged with your own evidence, further documentation, or ultimately through the courts if it cannot be resolved by negotiation.
Why would an insurer blame me when I was the one injured?
Insurers assess liability from the information available to them, which can be incomplete, contested, or read differently from how you experienced the accident. That does not make their first view automatically correct.
What should I do if I disagree with their assessment?
Set out your own account clearly, provide any evidence you have, such as photos, witness details or the police report, and ask what specifically the assessment was based on before accepting or disputing it further.
Could this end up in court?
It can, if liability genuinely cannot be agreed through negotiation. Most disputes over fault are resolved before that point, and the Sessions Court has unlimited jurisdiction to hear a motor-accident case if it does proceed that far.
Sources
- 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.