Understanding Your Rights After a Crash
You are not sure what you are actually entitled to do after being hurt in someone else's accident.
Being hurt in someone else’s road accident gives you a set of real rights in Malaysia, even before you fully understand the process. Knowing them early makes it much harder for the process to feel confusing or unfair.
The right to claim even if you were partly at fault
Malaysian law shares out responsibility rather than refusing a claim outright for shared fault. A court reduces the award to reflect your share, decided on the facts rather than a fixed rule.[2]
The right to time to bring your claim
An ordinary personal-injury claim generally has six years from the accident, giving you real time to get treatment and evidence in order.[1] A fatal claim, or one against a government body, carries its own shorter deadline.
The right to have a valid claim paid
Once a certificate of insurance is in force, the law expects the at-fault driver’s insurer to satisfy a valid judgment for death or bodily injury.[3] You are not personally chasing the other driver for the money in most cases.
The right to understand an offer before accepting it
Nothing requires you to accept a settlement offer immediately, particularly while your treatment is still ongoing. Before you accept a settlement offer sets out what to check first.
The right to get your own advice
You can seek independent advice at any point, even after speaking with a loss adjuster or receiving an offer. Doing so does not weaken a genuine claim.
Putting these rights into practice
Knowing a right exists is different from using it well. The road accident claim basics and the full claim process show how each of these rights fits into the actual sequence of a claim.
Common questions
Do I lose my right to claim if the accident was partly my fault?
No. Malaysian law reduces the compensation to reflect your share of fault rather than ending the claim altogether, so partial responsibility is not the same as having no claim at all.
Am I entitled to see the insurer's reasoning behind an offer?
You are entitled to ask what an offer covers and to have it explained, even if a full breakdown is not always given automatically. Asking directly is a normal and reasonable part of reviewing any offer.
Can I get advice from someone else even after talking to the insurer's adjuster?
Yes. Speaking with a loss adjuster does not use up your right to get independent advice at any later point, including after an offer has already been made.
What happens if I do not use these rights in time?
Some rights, particularly the deadline to bring a claim, are strict once they pass. Others, like asking questions about an offer, remain open until you actually sign something, so it is worth acting rather than assuming a right will simply wait.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Low & Partners, on Civil Law Act 1956 s.12 (accessed 2026-09-22)
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)