When Both Drivers Blame Each Other
You and the other driver each insist the crash was entirely the other one's fault.
Two drivers blaming each other after a crash is one of the most common situations on Malaysian roads. It does not mean the truth is unreachable. It means the answer needs to come from evidence, not whoever argues more convincingly at the roadside.
You have probably already had the conversation. “You came into my lane.” “No, you were already there.” It repeats a few times with no one backing down. It rarely gets resolved standing on the shoulder of the road.
What actually happens next
Each driver’s insurer usually investigates separately. This often means a loss adjuster, the person the insurer sends to check the accident and your losses, reviews the damage, the police report and whatever else is available. The two insurers do not always reach the same conclusion at first. Negotiation between them is normal, not a sign that your case is weak.
Where the two sides genuinely cannot agree, the dispute can eventually go before the Sessions Court. It has unlimited jurisdiction to hear a motor-accident claim of any size.[1] Most disputes settle before reaching that point.
The evidence that actually breaks the deadlock
A mutual-blame situation usually stays stuck for one reason. Neither side has anything independent of their own account. Dashcam footage, nearby closed-circuit television (CCTV), or a witness who was not travelling with either of you carries far more weight than two competing stories.
The damage pattern on both vehicles tells its own story too. An experienced adjuster can often read the direction and angle of impact, even where both drivers disagree about how it happened.
Why arguing at the scene rarely helps
Raising your voice rarely changes anything. Neither does repeating your version louder. What helps is calmly noting the facts: the time, the location, the direction each of you was travelling, and anyone nearby who saw it.
The honest limits
Some genuinely mutual-blame cases stay disputed even with good evidence. This happens most where both drivers made a small error at the same moment. Contributory negligence, when you were partly at fault, which lowers the payout, may then apply to both sides in different proportions. No fixed outcome can be promised in advance.
What to do next
Write down your own account honestly while it is fresh. Include anything you are unsure about, and lodge your police report without delay. Who is at fault in a crash explains the fuller picture of how Malaysia actually works this out.
Common questions
Is it common for both drivers to blame each other?
Yes, this happens after a large share of disputed crashes, especially at junctions and lane changes where each driver genuinely saw something different. It does not mean the truth is unknowable, only that it needs proper evidence rather than argument.
Who decides who is telling the truth?
Neither driver decides it, and neither insurer has the final say either. Each insurer forms its own view from the evidence, and if they cannot agree between themselves, the matter can go to court for a decision.
What if there is no dashcam footage from either car?
The police report, the damage pattern, the final position of both vehicles, and any witnesses become far more important. A dispute without footage is harder, not impossible, and it usually takes longer to resolve.
Can we just agree privately and skip all this?
You can agree to settle privately if both sides are genuinely willing, though this works best once your injuries are properly assessed. Rushing an agreement before you understand your injury or losses can leave you worse off later.
Sources
- Office of the Chief Registrar, Federal Court of Malaysia (accessed 2026-09-22)