How do I claim compensation after a road accident in Malaysia?

After a road accident, people are often in pain, worried about work and dealing with phone calls from insurers and workshops. Getting a few things right early makes a later claim much easier. This guide is about claims for compensation; for criminal matters see drink driving.

Step 1: Police report within 24 hours

Under section 52 of the Road Transport Act 1987, a driver involved in an accident causing injury or damage must report it to the police, and if not reported at the scene, generally within 24 hours. Get a copy of the report and note the report number. The police may later issue a sketch plan, photographs and the outcome of their investigation, which are useful evidence.

Step 2: Medical treatment and records

• Get treatment promptly, even for injuries that seem minor.
• Keep all medical reports, discharge summaries, receipts and appointment cards.
• Ask for a medical report describing your injuries and prognosis; this is usually essential for valuing a claim.

Step 3: Gather evidence

• Photographs of the scene, vehicles, road conditions and injuries.
• Dashcam footage (save it quickly; many devices overwrite).
• Names and contact numbers of witnesses.
• The other driver's name, vehicle number and insurer.
• Repair quotations and invoices.

Have a question about your own situation? Ask on WhatsApp

Step 4: Claim against the other party's insurer

Most claims are made against the at-fault driver, and their motor insurer usually handles the claim. A third-party claim may cover injury, loss of income, medical expenses and vehicle damage. For vehicle damage, your own insurer may also have a process to recover costs. Do not sign a settlement or discharge form until you understand what you are giving up.

Step 5: If the claim does not settle, go to court

If liability or the amount is disputed, you can file a civil claim. The court depends on the amount:

Court	Civil claims up to
Magistrates' Court	RM100,000
Sessions Court	RM1,000,000 (motor vehicle accident claims are generally within its jurisdiction)
High Court	Above that, or as the law provides

Courts decide liability (who was at fault, including any contributory negligence by you) and quantum (how much). See injury damages.

Time limits

Legal time limits apply to accident claims, and the rules can depend on the type of claim and the parties involved. Do not wait until treatment ends to get advice; ask a lawyer to confirm the dates for your case.

Common mistakes: not lodging a police report in time, accepting a quick settlement before the injury has stabilised, losing receipts, and posting about the accident on social media.

When to speak to a lawyer

If you were injured, liability is disputed, or you are offered a settlement you are unsure about. You can contact us; every case depends on its facts.

Frequently asked questions

What if the other driver had no insurance or fled?

There may still be routes to compensation, depending on the facts. Report to the police and get advice promptly.

I was a passenger. Can I claim?

Passengers can usually claim against the driver at fault, which may include the driver of the vehicle they were in.

Does it matter if I was partly at fault?

Compensation may be reduced for contributory negligence, but you may still recover part of your loss.

Can I claim for loss of earnings?

Yes, with evidence such as payslips, tax records or business accounts.

Should I speak to the other insurer's adjuster?

You can provide basic facts, but avoid recorded statements about fault or your injuries before taking advice.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Road Transport Act 1987 (Act 333), as amended by Act A1618 (2020), AGC Laws of Malaysia
2. Subordinate Courts Act 1948 (Act 92), AGC Laws of Malaysia
3. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026