Making a burns injury claim
A road accident has left you with burns that are still healing or have left scars.
Burns from a road accident are evidenced and compensated in a road accident claim much like any other injury. This applies whether they come from fire or from sliding across the road surface. Scarring is often treated as an additional factor in its own right.
This page explains how burns and their aftermath fit into a claim.
What a burns injury involves
Thermal burns can follow a vehicle fire or contact with hot engine parts. Friction burns, sometimes called road rash, are common among motorcyclists who slide across the road surface. Severity ranges from a superficial graze that heals within weeks to deep burns needing skin grafts.
How it affects daily life and work
Dressing changes, itching during healing, and pain from movement can make ordinary tasks slow and uncomfortable for weeks or months. Visible burns or scarring, especially on the hands or face, can also affect confidence. For some jobs it can affect the ability to work with the public too.
The evidence and specialist report you need
A burns specialist or plastic surgeon’s report should describe the depth and extent of the burns, the treatment given, and the outlook for scarring. This should form the core of the medical report for your claim. Dated photographs at different stages of healing add real weight to this evidence.
How it factors into your claim
Pain, suffering and loss of amenities are assessed against the Revised Compendium of Personal Injury Awards and your medical evidence, under section 28A of the Civil Law Act 1956[2]. Visible or permanent scarring is generally weighted as an additional factor, beyond the pain of the burn itself. Future medical costs, such as scar revision surgery, can also be included where a specialist supports the need. As with any valid claim, the at-fault driver’s insurer is the party responsible for paying it once liability is established[3].
Recovery and prognosis, realistically
Many burns heal well with appropriate treatment. Scarring often remains to some degree even after successful healing, and its extent can take many months to fully assess. A specialist should give an honest picture of what further treatment can realistically achieve.
What to do next
Follow the wound care plan closely and keep every dressing-change and follow-up record. Consistent treatment supports a stronger claim. The general deadline to bring a personal injury claim is six years from the accident[1]. Scarring is best documented while it is still changing, so early photographs and records matter.
If further surgery for scarring or reconstruction looks likely, claiming for future surgery explains how that is included.
Common questions
What kind of burns come from road accidents?
Thermal burns from a vehicle fire or hot engine parts, and friction burns, often called road rash, from sliding across the road surface, are the most common. Motorcyclists are particularly at risk of friction burns even in relatively low-speed falls.
Is scarring treated differently from the pain of the burn itself?
Yes, generally as a separate factor. Visible, permanent scarring is recognised as its own source of loss, distinct from the pain and treatment of the burn while it was healing, and both are reflected in the overall assessment.
Will I need surgery for my scars, and does that affect the claim?
Some burns benefit from scar revision surgery or treatments such as silicone sheeting or laser therapy, and if a specialist recommends this, it becomes a future medical cost within the claim, supported by their report.
Do photos of my burns actually help the claim?
Yes, dated photographs taken at different stages of healing help show the progression and any lasting scarring far better than a description alone. Keep them alongside your medical records rather than relying on memory later.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Malaysian Bar Council Circular No. 255/2018 (Revised Compendium of Personal Injury Awards, 2018) (accessed 2026-09-22)
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)