Making a pedestrian accident claim
A vehicle hit you on foot, and you fear being blamed for being in its way.
A pedestrian accident claim is how someone struck by a vehicle while on foot recovers money for their injuries. The driver’s insurer pays a valid claim, and crossing away from a marked crossing does not by itself decide fault against you.
Who pays when a driver hits a pedestrian?
The at-fault driver’s insurer pays your injury claim, because Malaysian law requires their policy to cover death or bodily injury to a third party.[2] As a pedestrian you have no vehicle of your own in the crash, so there is no separate vehicle-damage claim to untangle.
Were you partly at fault for crossing?
Walking outside a marked crossing does not remove your claim. A court can weigh your own actions as shared responsibility, which reduces the award instead of ending the claim.[3] A driver is still expected to watch for pedestrians, marked crossing or not.
What injuries are common in a pedestrian claim?
Being struck on foot produces a different injury pattern from being inside a vehicle.
- Leg, hip or pelvic fracture from the direct impact
- Head injury from the fall after being struck
- Internal injury from the force of the collision itself
- Injuries that differ by height, since a child is hit differently than an adult
See hip injury claims and internal organ injury claims for how these are documented.
What evidence decides a pedestrian claim?
- Nearby shop, home or traffic CCTV footage
- The police report and scene sketch plan
- Witness accounts of the driver’s speed and direction
- A specialist medical report on your injuries
Save CCTV requests early. Many systems overwrite footage within days.
If the driver did not stop
If the vehicle can be identified, for example from a partial plate number, a route through the MIB may apply where the driver turns out to have been uninsured.[4] If it cannot be identified, hit-and-run: can you claim explains the options.
What to do next
Get treated, ask nearby premises for CCTV before it is overwritten, and keep a note of exactly where you were standing or crossing. The general deadline for your own injuries is six years from the accident in Peninsular Malaysia.[1]
Injured pedestrian covers the practical next steps, and child pedestrian accident covers a child’s own timeline.
If the insurer disputes fault or the driver cannot be traced, an independent lawyer can take your claim on. 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
Was it automatically my fault if I was not on a pedestrian crossing?
No. Crossing away from a marked crossing does not by itself decide fault, though a court can weigh it as part of your own share of responsibility.[3] A driver still owes pedestrians a duty to keep a proper lookout wherever they are.
Who pays for my injuries as a pedestrian?
The driver's insurer pays a valid claim for your injuries, since Malaysian law requires their policy to cover death or bodily injury to a third party like you.[2] You are not chasing the driver personally in most cases.
What if the driver did not stop after hitting me?
If you or a witness got the vehicle's plate number, a claim may still be possible through the Motor Insurers' Bureau (MIB) if the driver turns out to have been uninsured.[4] [Hit-and-run: can you claim](/hit-and-run-claim/) sets out this route and its limits honestly.
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] Evidence like CCTV footage is usually lost far sooner than that, so starting early matters more than the deadline itself.
Does it matter that I was hit in a housing area or school zone?
It can support your claim rather than hurt it. A driver passing through an area where pedestrians are expected is held to a higher standard of care for that stretch of road.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau of West 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.