Sarawak road accident claims

A road accident claim in Sarawak follows the familiar steps: treatment, a police report, telling the insurers, a medical report, then negotiation or a court filing. The courts and the lawyers who appear in them are set up differently from Peninsular Malaysia.

Kuching and Miri have their own pages, linked below.

Which court hears a claim in Sarawak?

Sarawak falls under the High Court in Sabah and Sarawak, which is separate from the High Court in Malaya.^[1] Its judges sit in several towns. The court portal lists High Courts at Kuching, Sibu, Bintulu, Miri and Limbang.^[2]

Most injury claims start in the Sessions Court. It has unlimited jurisdiction over motor accident claims, so even a large claim stays there.^[3] This applies in Sarawak too, because the Subordinate Courts Act 1948 was extended to Sabah and Sarawak from 1 June 1981.^[7] Claims for vehicle damage alone can fall to the Magistrate’s Court.

Who can act for you in a Sarawak court?

Advocates in Sarawak are admitted under the Advocates Ordinance of Sarawak and belong to the Advocates Association of Sarawak. The Legal Profession Act does not apply to them. A Peninsular lawyer needs ad hoc permission from the High Court before appearing.^[4]

For that reason, a claim filed in Sarawak is arranged through a Sarawak advocate.

Where would I get treated?

Sarawak General Hospital in Kuching has about 1,005 beds and is one of two main tertiary referral hospitals in East Malaysia.^[5] Miri Hospital serves the north of the state. Other towns rely on their district hospitals.

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

Roads and seasons that raise the risk

Distances in Sarawak are long, and much of the traffic runs on the Pan Borneo Highway between Kuching, Sibu, Bintulu and Miri.^[6] Long journeys, overtaking and heavy lorries all shape how crashes happen. Heavy rain in the northeast monsoon makes the same roads harder.

Gawai in early June, Christmas, Chinese New Year and Hari Raya bring more vehicles onto these roads, and many people are on the road late at night.

Sarawak cities we cover

Open the page for your own city for its court, hospital and roads. Kuching is the state capital. Miri is the main city of the north.

The basics of making a claim here

The steps are set out in the road accident claim process and making a road accident claim.

An independent lawyer can arrange for a Sarawak advocate to take on your claim. Send the accident date, the town, whether anyone was injured (yes/no) and the police report status.