Passenger injury claim
You were sitting in the car, not driving, and unsure whose insurance you can even claim from.
A passenger did not control either vehicle. You can generally claim against whichever driver was at fault, including the driver you were riding with, since a passenger is treated as a third party.[2]
Whose insurance do you claim from?
Many passengers assume they can only claim from the other vehicle. That is not correct. If your own driver caused the crash, their insurer is the one that pays your injury claim, in the same way any third party’s claim is paid.[2] If the other driver caused it, the claim runs against them instead.
What if both drivers share the blame?
A claim can name more than one driver where fault is unclear or shared. Who is at fault explains how Malaysian courts work out responsibility between drivers. You do not have to work this out before claiming, because the evidence decides it.
Passenger situations that work differently
- A friend or family member’s car, where claiming can feel awkward but is still against their insurer, not them personally
- A bus, where bus passenger fall covers a fall or sudden stop rather than a collision
- An e-hailing trip, where e-hailing passenger hurt covers the trip record as evidence
- A company vehicle on a work errand, where a company vehicle accident explains shared employer responsibility
- A fare-paying or work trip, where cover has been confirmed to extend to passengers travelling for work[4]
The evidence that helps a passenger’s claim
- The police report and sketch plan for the crash
- A specialist medical report on your injuries
- Witness accounts, including other passengers in either vehicle
- Photographs of both vehicles and the seating arrangement
Does a seatbelt affect your claim?
A seatbelt available but not worn can still reduce your own compensation, separately from who caused the crash.[3] Contributory negligence explained sets out how this is weighed, without a fixed percentage.
What to do next
Get treated, keep in touch with any other passengers as witnesses, and avoid agreeing to a figure early. The general deadline for your own injuries is six years from the accident in Peninsular Malaysia.[1]
Injured car passenger and injured pillion rider cover the practical steps for each seat.
Claiming against a friend’s insurer is not claiming against your friend. An independent lawyer can handle it for you. Send the accident date, where it happened, who was driving, 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
Can I claim if the driver I was riding with caused the crash?
Yes. A passenger is treated as a third party, so you can generally claim against your own driver's insurer if they were at fault, in the same way you would claim against any other driver.[2] Being in their car does not remove your right to claim.
What if I do not know which driver was actually at fault?
You do not need to decide this yourself. A claim can name more than one driver, and the investigation and evidence, not your guess, work out who was responsible and in what share.
Am I covered as a paying passenger, like in an e-hailing trip?
Generally yes. Compulsory cover has been confirmed to extend to a passenger travelling for work or a fare-paying trip, not only a private lift between friends.[4] [E-hailing passenger hurt: who's at fault](/ehailing-passenger-injury/) covers this situation in more depth.
Does it matter if I was not wearing a seatbelt?
It can reduce your compensation if a seatbelt was available and not used, separately from who caused the crash.[3] It does not end your claim on its own.
How long do I have to make my claim?
The general deadline for your own injuries is six years from the accident in Peninsular Malaysia.[1] It is worth starting well before that, since fellow passengers and drivers are not always easy to reach later.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Road Transport Act 1987, s.91 (Ministry of Transport) (accessed 2026-09-22)
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- Insurance Info, on Road Transport Act 1987 s.91(1)(b)(bb) (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.