Which claim route fits you?
You are not sure which type of claim actually matches your situation.
Find your claim route
Answer three short questions to see the route that fits.
General information only, worked out from the answers you gave. A lawyer can confirm what applies to your claim.
Request Lawyer ContactNot every road accident claim follows the same path. Your route depends on whether the at-fault vehicle was insured, whether it was identified and whether the accident was fatal.
How to use this picker
Read the description below that best matches your situation. Each links to a fuller page and states the deadline for that route, since deadlines differ.
Find your route
The at-fault driver had valid insurance
This is the standard route. You bring a third-party bodily injury (TPBI) claim against their insurer, since the law requires the insurer to satisfy a valid judgment for your injury.[1] Your own injury claim generally has six years from the accident in Peninsular Malaysia.[6] See making a road accident claim.
The at-fault driver had no insurance, but you have their plate number
The Motor Insurers’ Bureau (MIB) route may apply, covering death or bodily injury only, generally within three years of the accident.[2] See claiming when the other driver is uninsured.
The vehicle that hit you cannot be identified at all
This is the hardest situation, since the MIB route generally requires an identified vehicle and Malaysia has no broader fund for a genuinely untraced driver.[3] See hit-and-run: can you claim for an honest look at the options.
Someone died in the accident
A dependency claim by family members runs on a shorter and stricter clock, three years from the date of death.[4] See making a claim after a fatal accident.
The only loss is to your vehicle, not to you
This is generally a property damage claim rather than an injury claim, and it is handled differently from start to finish. See property damage after an accident.
The at-fault vehicle belonged to the government or a public authority
A shorter 36-month deadline can apply instead of the usual periods.[5] This is worth checking early, since it changes how you plan your next steps.
What to do next
Once you know your route, claim deadlines sets out your timeframe, and do you need a lawyer explains when to bring one in.
An independent lawyer can take the claim on whichever route applies. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
What if more than one route seems to describe my situation?
Read the route that matches your main loss first, usually your injury, and treat the others as background. Some situations genuinely combine two routes, such as an injury claim alongside separate property damage.
What if I am not sure whether the other vehicle was insured?
Your police report and, where needed, a check through the vehicle's registration can usually clarify this. Start with the assumption of the standard route and adjust once you know for certain.
Does my route change if I was partly at fault?
No, the route stays the same. Being partly at fault can reduce the amount you recover, but it does not usually change which route your claim follows.
What if the vehicle that hit me cannot be traced at all?
This is the hardest situation, and no fund is assumed to cover it. See the section on an unidentified vehicle below for what that means.
Sources
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau of West Malaysia (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau of West Malaysia (accessed 2026-09-22)
- Shan Chambers, on Civil Law Act 1956 s.7(5) (accessed 2026-09-22)
- Public Authorities Protection Act 1948, s.2(a) (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.