Sabah road accident claims

You were hurt in a road accident in Sabah and want to know how a claim works here.

For people seeking legal representation. For general information, please use our guides and tools.

A road accident claim in Sabah follows the same basic steps as anywhere in Malaysia: treatment, a police report, notifying the insurers, a medical report, then negotiation or a court filing. What differs is the court system and the lawyers who may appear in it.

Which court hears a claim in Sabah?

Sabah falls under the High Court in Sabah and Sarawak, which is separate from the High Court in Malaya. It shares that court with Sarawak. The Kota Kinabalu Court Complex houses the High Court, Sessions Court and Magistrate’s Court together.[1]

Most injury claims begin in the Sessions Court. It has unlimited jurisdiction over motor accident claims, so a large claim does not have to move to the High Court.[2] This applies in Sabah too, because the Subordinate Courts Act 1948 was extended to Sabah and Sarawak from 1 June 1981.[6] Smaller claims for vehicle damage alone can fall to the Magistrate’s Court.

Who can act for you in a Sabah court?

Lawyers in Sabah are not regulated by the Legal Profession Act. They are admitted under Sabah’s own Advocates Ordinance and belong to the Sabah Law Society. A lawyer from Kuala Lumpur or Selangor cannot simply appear in a Sabah court.[4]

That is why a claim filed in Sabah is arranged through a Sabah advocate. An independent law firm can arrange this for you.

Where would I get treated?

Queen Elizabeth Hospital in Kota Kinabalu is the largest government hospital in the state, with 1,179 beds across two campuses.[3] Hospital Duchess of Kent serves Sandakan and the east coast. Smaller district hospitals treat crash victims in between.

Whichever hospital treats you, keep your discharge notes and follow-up letters. Your medical report is built from them.

Roads and seasons that raise the risk

The Pan Borneo Highway links Kota Kinabalu and Sandakan with the other main towns of the state.[5] Long distances, hill sections and heavy lorry traffic all shape how crashes happen. Rain makes the same roads harder, especially in the northeast monsoon season.

Festive travel adds pressure. Christmas, Chinese New Year, Hari Raya and the Kaamatan harvest festival all bring more vehicles onto the road.

Sabah cities we cover

Read the page for your own city for the local court, hospital and roads. Kota Kinabalu is the state capital. Sandakan is the main city of the east coast.

The basics of making a claim here

The steps are set out in the road accident claim process. The wider picture is in making a road accident claim.

To start, share general dates, location, case status and a short summary only for the first contact. Only after an identified lawyer or law firm contacts you and specifically requests the documents should you provide that identified lawyer or firm with the accident date, the town where it happened, your injuries, and the police report if you have one. A lawyer can then take on your claim in the right court.

Need a lawyer to handle your injury claim?

If your accident happened anywhere in Sabah, an independent law firm can arrange for a lawyer to take on your injury claim in the right court. Tell us the town and the date.

For people seeking legal representation. For general information, please use our guides and tools.

Common questions

Does Sabah have its own courts for a road accident claim?

Yes. Sabah is heard by the High Court in Sabah and Sarawak, a separate High Court from the one in Peninsular Malaysia. Most injury claims start lower down, in the Sessions Court, which has unlimited jurisdiction for motor accident claims.[2]

Can a Kuala Lumpur or Selangor lawyer handle my Sabah claim?

Not on their own. Sabah advocates are admitted under Sabah's own Advocates Ordinance, and a Peninsular lawyer needs ad hoc permission from the High Court to appear.[4] In practice, representation is arranged with a Sabah advocate.

Where will my medical report come from?

Usually from the government hospital that treated you, such as Queen Elizabeth Hospital in Kota Kinabalu or Hospital Duchess of Kent in Sandakan. Ask for copies of every record and a specialist report once your treatment settles.

What if I was hurt on a road far from a town?

Long rural stretches mean the nearest hospital may be far away, but the claim is still filed where the accident happened or where the defendant lives. Keep the police report number and every medical record from the first clinic onward.

Need a lawyer to handle your injury claim?

Considering engaging a lawyer for your road accident claim? Request contact about possible representation. Any legal work and fees are agreed directly with an independent lawyer.

For people seeking legal representation. For general information, please use our guides and tools.