Common Myths About Road Accident Claims
You have heard a few things about road accident claims and are not sure which are true.
Several widely repeated claims about road accident claims in Malaysia are simply wrong, and believing them can cost you a valid claim. This page corrects the ones that come up most often, each checked against the actual rule rather than a guess.
Myth: you have three years to claim
The real figure is six years, not three, for an ordinary personal-injury claim.[1] Three years is the rule in some other countries, not the Malaysian one.
Myth: no licence means no claim
Malaysian courts treat a missing licence, road tax or insurance as a separate offence.[2] It does not decide who was actually at fault in the crash.
Myth: a hit-and-run always pays out
The Motor Insurers’ Bureau (MIB) can help where the vehicle is identified, even if uninsured. A genuine hit-and-run, where nobody can trace the car, generally has no such remedy.[3]
Myth: part fault means no claim
Malaysian law shares out responsibility instead of refusing the claim outright.[4] A court reduces the award to reflect your share, with no fixed percentage.
Myth: the first offer is final
An offer can usually be discussed, especially before your medical report is ready. Before you accept a settlement offer explains what a fair figure should reflect, and most disputes still end in a consent judgment rather than a trial.
Why these myths spread so easily
Most advice like this comes from rules that apply elsewhere. If a case genuinely cannot be agreed, it can still be filed in the Sessions Court, and the full claim process sets out what happens from there.
Common questions
Where does the three-year myth actually come from?
It largely comes from rules that apply elsewhere bleeding into local advice, since a shorter limitation period does apply in some other countries. For an ordinary Malaysian personal-injury claim the period is six years, though a fatal claim and a claim against a government body each carry their own shorter deadline.
If the other driver had no insurance at all, do I have no options?
Not necessarily. If the vehicle can be identified, a claim to the Motor Insurers' Bureau may be possible for injury or death, though it is a discretionary payment with its own time limit rather than an automatic right.
Does admitting I was a little at fault ruin my claim?
No. Malaysian law already allows for shared fault by reducing the award proportionately rather than refusing the claim outright, so a partial share of blame is not the end of the matter.
Is it true that a lawyer always takes a large cut of the payout?
Legal fees are agreed between a client and their lawyer and are separate from how much your claim is worth. Malaysian rules restrict certain fee arrangements for litigation, so it is worth asking directly rather than relying on what you have heard elsewhere.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- HHQ, on the Court of Appeal ruling (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau (accessed 2026-09-22)
- Low & Partners, on Civil Law Act 1956 s.12 (accessed 2026-09-22)