What if I was partly at fault?
You think the accident was partly your doing and wonder if you can still claim.
Being partly at fault feels like it should cancel everything out, so many people never ask about a claim. In Malaysia, sharing some of the blame reduces what you can recover. It does not remove your right to claim.
Why this doubt is common
If you contributed to the accident, it can feel wrong to ask for anything. Riders without a helmet, drivers who braked late and pedestrians who crossed in the wrong place all have the same doubt.
It does not match how a road accident claim works when the other driver was also negligent.
What the law does
Under the Civil Law Act 1956, where an accident results partly from your fault and partly from someone else’s, the damages you can recover are reduced by the share the court thinks just and equitable.[1] There is no fixed table of percentages. The court looks at the facts.
Being solely at fault is different, because there may be no claim against the other party. Partly at fault means a smaller recovery, not none. Who is at fault after an accident explains how liability is assessed.
What affects your share
- Whether you wore a seatbelt or motorcycle helmet.
- Your speed, road position and right of way.
- Whether you reacted reasonably to what the other driver did.
- What the police report, witnesses and any footage show.
None of these decides the case alone. They are weighed against what the other driver did wrong.
Limits to keep in mind
Nobody can give your exact share before the evidence is reviewed. If your share is large, your recovery will be smaller, which is better to know early than to fear in silence.
What to do next
Being partly at fault is a reason to check the facts, not to stay quiet about the claim. Contributory negligence explained covers the mechanics, and do you need a lawyer is a place to start.
An independent lawyer can take the claim on and deal with the insurer, including arguments about your share. Send 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 I was partly at fault, do I get nothing?
No. The court reduces compensation by the share of blame it thinks fair. It does not remove the claim. Partly responsible is different from solely responsible.
Is there a fixed percentage for things like not wearing a seatbelt?
No fixed percentage exists in law. Courts look at the facts of each accident, including helmet or seatbelt use, and decide what share is fair.
Who decides how much I was at fault?
Liability is worked out from the police report, witness accounts, road conditions and vehicle damage. If it cannot be agreed, a court decides.
Should I admit partial fault to the insurer early on?
Describe what happened factually and let the evidence speak. Do not assign yourself a percentage, because an early admission is hard to withdraw.
Sources
- Low & Partners, on Civil Law Act 1956, s.12 (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.