Statutory declaration for a late report
You did not report your accident within a day and are worried it is too late.
A statutory declaration for a late report is a sworn written statement explaining why an accident was reported to the police after the usual window. Malaysian law expects a report within 24 hours.[1] Missing that window is a real problem, but it is rarely the end of a claim on its own.
Why is there a 24-hour window?
The law requires a driver involved in an accident causing injury, death or damage to report it promptly, generally within a day.[1] This lets police record the scene while evidence is fresh.
Life does not always allow this. Hospital admission, shock, or not realising an injury was serious can all delay a report honestly.
What happens if I report late?
Reporting late without a lawful excuse is an offence on its own, separate from your compensation claim.[2] It does not automatically mean your road accident claim fails. You need to explain the gap credibly, and a statutory declaration is the common way to do that.
What is a statutory declaration?
It is a written statement you sign and swear before a commissioner for oaths, confirming it is true. Giving false information in it carries its own consequences.
It supports the record of what happened. It does not replace the police report, medical records or other primary evidence.
What should it cover?
A useful declaration states the accident date, the date you reported it, and the genuine reason for the delay. Being specific matters more than sounding sympathetic.
Hospitalisation, unconsciousness or another documented medical reason tends to be taken seriously. A vague statement that you “forgot” is far less convincing.
How does it fit with the rest of the timeline?
A declaration deals only with the reporting delay. The rest of your reporting timeline, including notifying insurers, needs attention on its own schedule.
What should I do next?
Write down the real sequence of events while it is clear in your mind, including any hospital admission dates. Bring this with your other paperwork when you prepare the documents you need.
An independent lawyer can prepare the declaration and carry your claim forward. Send the accident date, where it happened, whether anyone was injured (yes/no), the reason for the delay and the police report status. Do you need a lawyer is worth reading before you sign anything.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Is my claim automatically over if I reported late?
No. A late report can be an offence on its own, but it does not by itself destroy an otherwise valid claim. Explaining the delay properly, often with a statutory declaration, is the usual way to address it.
What is a statutory declaration in this situation?
It is a written statement you sign and swear before a commissioner for oaths, setting out honestly why the report was late. It supports your record; it does not replace the police report itself.
What should the declaration actually say?
It should state the accident date, when you reported it, and the genuine reason for the gap, such as being hospitalised or unconscious. Vague or exaggerated explanations weaken it rather than help it.
Can I still be charged for reporting late even if I explain it?
Reporting late without a lawful excuse remains an offence you may still need to answer for separately, sometimes through a compound (an out-of-court settlement of the offence for a fine).[2] That process is distinct from whether your compensation claim can proceed.
Sources
- Road Transport Act 1987, s.52 (Ministry of Transport) (accessed 2026-09-22)
- AskLegal.my, on Road Transport Act 1987 s.52 (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.