Making a road accident claim

A road accident claim is how an injured road user recovers money for harm caused by someone else’s driving. In most cases the at-fault driver’s insurer pays, and you have time to do it properly if you start early.

Do you have a claim?

You usually have a claim if someone else’s careless driving injured you, whether you were a driver, a rider, a passenger or a pedestrian. Being partly at fault does not end your claim; it reduces the amount.

You may not have a claim, or only a limited one, if you were solely at fault, if nobody else was involved, or if the vehicle that hit you cannot be identified.

Who pays

The at-fault driver’s insurer pays a valid claim for your injuries. Malaysian law makes motor insurance compulsory and requires the insurer to satisfy a third-party judgment for death or bodily injury.^[3]

This is why you rarely chase the other driver personally. The claim is really against their insurer.

The steps in a claim

1. Get treated and keep every medical record.
2. Lodge a police report and obtain the report and sketch plan.
3. Notify the insurers and let the process open.
4. Get a specialist medical report that sets out your injuries and prognosis.
5. Negotiate a settlement, or file in court if it cannot be agreed.

Most claims are filed in the Sessions Court, which has unlimited jurisdiction for motor accident claims, so the size of your claim does not usually push it elsewhere.^[2] You can read the full walkthrough in the road accident claim process.

What affects how much you receive

Your compensation reflects your real losses, not a fixed tariff. The main parts are the injury itself, your out-of-pocket costs, lost income, and any future care or treatment you will need.

The court assesses the injury using a published guide and your medical evidence, so the strength of that evidence matters more than anything. How compensation is worked out explains the parts. No figure can be promised.

The deadline you must not miss

For your own injuries, the general limitation period is six years from the accident in Peninsular Malaysia.^[1] This corrects a common myth that you only have three years, which is English law and does not apply here.

A fatal claim has a shorter deadline. Waiting also loses evidence, so treat the deadline as a backstop, not a plan. See claim deadlines explained.

When another route fits better

If the other driver had no insurance, a different route through the Motor Insurers’ Bureau may apply, with its own rules. Read claiming against an uninsured driver for that path.

If your only loss is vehicle damage, that is handled as a property claim rather than an injury claim, and the steps differ.

Common mistakes to avoid

The biggest mistakes happen early: not seeing a doctor, admitting fault at the scene, or accepting a quick offer before the injuries are understood.

Each makes a claim harder. Before you sign anything, see do you need a lawyer.

An independent lawyer can take on your claim when an insurer pressures you or makes a low offer. Send the accident date, where it happened, whether anyone was injured (yes/no), and the police report status.