Claiming for a passenger who died
A passenger in the crash has died and you are unsure how a claim works here.
Where the deceased was a passenger rather than a driver, the family’s claim is generally made against whichever driver was at fault. Malaysian law requires that driver’s insurer to satisfy a valid death claim.[1] Being a passenger usually simplifies the question of fault rather than complicating it.
Why fault is often more straightforward here
As a passenger, the deceased was not controlling either vehicle. The family’s claim does not typically turn on their own driving conduct. Fault is worked out between the drivers involved, based on the evidence of what happened, and the family’s claim can generally proceed once that is established.
When the driver was a family member
This is one of the most painful situations a family can face. The instinct to avoid pursuing a claim out of loyalty is understandable. It is worth knowing that the claim is generally directed at the driver’s insurer, not at the driver personally, since compulsory motor insurance exists precisely to cover this kind of loss.
What the family’s claim can cover
A dependency claim compensates for the financial support the family has lost, alongside reasonable funeral expenses and the fixed statutory bereavement sum. A separate estate claim can recover certain losses that existed before death, such as pain and suffering the deceased experienced. That claim is brought by the executor or administrator.
If contributory factors are raised
Something about the deceased’s own conduct, such as not wearing a seatbelt, can sometimes be raised as a factor. This can reduce an award rather than remove the claim entirely, since Malaysian courts apportion responsibility rather than ruling all or nothing.
The deadline still applies
A dependency claim must generally be brought within three years of the date of death.[2] This still leaves real time for the family to grieve before needing to act.
Understanding the fuller process
Claiming after a fatal road accident explains both the dependency and estate routes together. How a dependency claim works sets out exactly what the family needs to bring this specific claim forward.
Common questions
The driver was a family member. Can we still claim?
Usually yes. The claim is generally made against the at-fault driver's insurer rather than against the driver personally, so this does not typically create the conflict families sometimes fear.
Two vehicles were involved. Does it matter which one our relative was in?
As a passenger, the deceased was not driving either vehicle, so the family's claim can generally proceed once fault between the two drivers is established, without your relative's own conduct being a central issue.
Does it matter whether the passenger was wearing a seatbelt?
It can be a factor courts consider, since it forms part of contributory negligence, but this generally reduces an award rather than removing the family's claim entirely.
Who in the family can bring this claim?
Eligible dependants, generally the spouse, parents and children who relied on the deceased financially, can bring the claim, alongside a separate estate claim brought by the executor or administrator.
Sources
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- Civil Law Act 1956, s.7(5) (Attorney General's Chambers) (accessed 2026-09-22)