Unlicensed driver: who is at fault

Finding out the other driver had no valid licence does not by itself decide who caused your crash. The Court of Appeal has ruled that a missing licence, road tax or insurance is a separate offence under road transport law. It is punishable on its own and does not prove negligence in how the accident happened.^[1] See who is at fault in a crash for how fault is worked out.

What do the typical facts look like?

You are in a crash and later learn, often from the police report, that the other driver held no valid licence. Sometimes they were driving a class of vehicle their licence did not cover. It is natural to assume this makes them automatically at fault, but Malaysian law does not treat it that way.

How is fault actually assessed?

The crash is still judged on ordinary negligence: what each driver did, and whether it was careless. The licence issue is dealt with separately, as the criminal offence of driving without a valid licence. That offence does not decide the civil question of fault.^[1]

An unlicensed driver is often also the one who drove carelessly. That must be shown through the driving itself, not assumed from the licence.

What evidence still decides the crash?

• The same evidence as any other crash: dashcam footage, the police report and sketch plan, and witnesses.
• The manner of driving that led to the collision, not just the licence status.
• Whether the driver’s conduct, such as speed or lane position, was careless.

Dashcam, photo and video evidence and the police report after an accident explain how to build this evidence.

Who pays you even so?

Malaysian law generally restricts an insurer from refusing a valid third-party claim for death or bodily injury just because the driver had no valid licence.^[2] This protects an innocent victim. The licence problem is mainly the other driver’s problem, not yours.

Claiming when the other driver is uninsured covers the related case where there was no insurance at all.

What should you do at the scene and after?

Report the accident within 24 hours whatever you learn about the other driver’s licence.^[3] Let the facts of the driving guide your claim, not the paperwork. A road accident claim covers the steps from there.

If the insurer or the other driver denies fault or delays, an independent lawyer can take your claim on. Send the accident date, where it happened, whether anyone was injured (yes/no), and the police report status.