The other driver had no insurance
You found out the driver who hit you had no valid insurance, and fear you will get nothing.
Malaysian law requires every driver to carry third-party insurance, and using a vehicle without it is a criminal offence.[1] Even so, an uninsured driver does not always mean you are left with nothing.
Who pays when there is no insurer?
Compensation usually comes from the at-fault driver’s insurer, so no insurance can sound like the end of the claim. A separate route exists for exactly this situation.
The route that may still apply
The Motor Insurers’ Bureau may compensate death or bodily injury caused by an uninsured vehicle, provided the vehicle can be identified by its registration number, and provided the claim is made within the time limit that applies, generally three years.[2] It does not cover vehicle or property damage, only injury and death.
This is different from the Malaysian Motor Insurance Pool, which is a way for hard-to-insure vehicle owners to buy cover, not a fund for victims of uninsured drivers. Claiming against an uninsured driver explains the process in more detail, and an uninsured vehicle hitting you covers the practical side.
What to do if this is you
- Record the vehicle’s registration number as accurately as you can, ideally with a photo.
- Report to the police as soon as possible, naming the vehicle.
- Get medical treatment and keep every record of your injury.
- Check your own policy for whether it covers your own vehicle’s damage separately.
If your own car was damaged, an own-damage claim on your own policy may be the relevant route for that part.
The limits
The Bureau’s payments are discretionary, not an automatic entitlement, and cover injury and death only, not your vehicle. If the vehicle cannot be identified, a more limited situation applies.
What to do next
No insurance on the other side is a complication, not necessarily a dead end. Do you need a lawyer can help you decide.
An independent lawyer can pursue the claim for you. For first contact, send only the accident date, where it happened, whether anyone was injured (yes/no) 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
If the other driver has no insurance, is there really no one to claim from?
Not necessarily. If the vehicle is identified, the Motor Insurers' Bureau may compensate you for death or bodily injury even though the driver was uninsured, subject to its own conditions and time limit.
Does the Motor Insurers' Bureau pay for my car repairs too?
No. The Bureau's role covers death and bodily injury only, not vehicle or property damage. Damage to your own vehicle is usually handled through your own comprehensive policy if you have one.
What do I need to bring a claim to the Bureau?
You generally need the identified vehicle's registration number, a police report, and medical evidence of your injury, together with a claim made within the time limit that applies.
Is having no insurance itself a crime in Malaysia?
Yes. Using a vehicle on a Malaysian road without valid third-party insurance is a criminal offence for the driver, separate from any compensation route you may have as the injured party.
Sources
- Road Transport Act 1987, s.90 (Ministry of Transport) (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau (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.