Claiming property damage from the other driver
Your vehicle or belongings were damaged and you want the at-fault driver to pay.
A vehicle property damage claim is how you recover the cost of damage to your car, motorcycle or belongings from the driver who caused the accident, rather than through your own insurance. It sits alongside the road accident claim process but follows its own path.
Why this is not automatic
Compulsory motor insurance in Malaysia is built to cover third-party death and bodily injury. It does not itself require cover for the property you were carrying or driving.[1]
Many policies add property damage cover voluntarily. A driver with only the minimum required cover, however, may have none for your vehicle at all.
This is worth confirming early, since it changes which route makes sense for you.
Your two realistic routes
If the other driver’s policy does cover property damage, you claim against their insurer directly. That is usually the simplest path when it is available.
If it does not, you have two remaining options. You can pursue the driver personally for the cost, though that then depends on their ability to pay, or you can claim under your own comprehensive policy instead. Claiming for your own vehicle damage explains that second route in full.
How a knock-for-knock arrangement changes things
Where both insurers have a knock-for-knock arrangement, each pays its own policyholder’s damage without first arguing over fault. This can be faster than pursuing the other driver, since it skips the argument over blame.
Knock-for-knock explained covers when this applies to your situation.
What evidence actually decides this
A property damage claim is usually decided on a handful of things: photographs of the damage, a proper repair quote, the police report, and anything that shows how the accident happened.
Dashcam footage or a witness account can help. Fault that is easy to prove shortens the process.
The deadline and what to do next
A negligence-based property claim generally has a six-year deadline, the same general period as an ordinary tort claim.[2] There is little reason to wait that long.
Get the damage assessed, keep every receipt, and confirm what the other driver’s policy actually covers before deciding which route to take. Dealing with the loss adjuster, the person the insurer sends to check the accident and your losses, is useful once an insurer is involved on either side.
If the other driver disputes what happened, an independent lawyer can take on the claim and pursue it for you. For the first contact, share general dates, location, case status and a short summary only. Keep documents private. Only after an identified lawyer or law firm contacts you and specifically asks for them should you provide that identified lawyer or firm with the accident date, where it happened, the police report status, and your repair quote.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Does the other driver's insurance automatically cover my vehicle's damage?
Not automatically. Compulsory cover in Malaysia is built around death and bodily injury, not property damage, so whether your damage is covered depends on the extent of the other driver's own policy.[1] It is worth confirming this early rather than assuming.
What if the at-fault driver's policy does not cover property damage?
You may still pursue the driver personally for the cost, though recovery then depends on their means, or you can claim under your own comprehensive policy instead. See [claiming for your own vehicle damage](/own-damage-claim/) for that alternative.
What evidence do I need for a property damage claim?
Photographs of the damage, a repair quote or invoice, the police report, and any dashcam or witness evidence showing how the accident happened. The stronger the evidence of fault, the more straightforward the claim tends to be.
How long do I have to bring this claim?
A negligence-based property claim generally must be brought within six years in Peninsular Malaysia of the accident.[2] Repair costs and vehicle condition are easier to prove early, so there is little reason to wait.
Sources
- Road Transport Act 1987, s.91 (Ministry of Transport) (accessed 2026-09-22)
- Limitation Act 1953, s.6(1)(a) (Government of 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.