Injured pedestrian

A vehicle hit you while you were on foot. Between the shock and the pain, you may worry that your side will not be taken as seriously as a driver’s.

That worry does not match how a Malaysian claim works.

Being a pedestrian does not weaken your claim

Having no vehicle in the crash does not reduce your standing to claim.

A driver owes a duty of care to pedestrians on the road. Once fault is established, their insurer must pay a valid claim for your injuries under the same law that applies to any other claim.^[1]

What if you were not on a marked crossing?

Crossing away from a marked crossing does not decide the case by itself.

A court weighs it as one fact among several. It can reduce your compensation if it played a real part, but it does not end your claim.^[2]

If the driver did not stop

If you or anyone nearby caught even part of the plate number, get it into your police report as soon as possible.

If the vehicle is identified, a route through the Motor Insurers’ Bureau may apply when the driver turns out to be uninsured. Hit-and-run: can you claim explains this, including where it does not help.

When the vehicle cannot be identified

If the vehicle cannot be identified at all, the options narrow considerably. This is uncommon, but a remedy does not always exist.

What to do next

Ask nearby shops or homes for CCTV before it is overwritten, and note exactly where you were standing. Making a pedestrian accident claim covers the fuller process.

An independent lawyer can take the claim on and put your account on record. Send the accident date, where it happened, whether anyone was injured (yes/no), and the police report status.