Making a car accident injury claim

You were in a car someone else hit, and now you do not know what happens next.

A car accident injury claim is how a driver or passenger recovers money for injuries caused by another driver’s carelessness. The at-fault driver’s insurer pays a valid claim, and this runs separately from whatever happens to your own car.

Knowing that split early removes a lot of the confusion, since most people first think about their vehicle and only later ask about their body.

Who pays, and what is separate

The other driver’s insurer pays your injury claim once fault is established.^[2] Your own car’s damage is handled under a different process, either your own comprehensive policy or a claim against the other driver for property damage.

Claiming for your own vehicle damage and claiming property damage from the other driver explain those two routes, so you are not mixing up the money for your car with the money for your body.

Common injuries in a car accident claim

A car’s seatbelts and airbags change the injury pattern compared with a rider or a pedestrian, but they do not prevent injury altogether.

Whiplash and neck strain from the sudden jolt
Back and spinal strain, especially in a rear-end or pileup crash
Chest or rib bruising from the seatbelt or airbag itself
Facial or head injury where the airbag did not deploy in time

See whiplash claims for how this common injury is documented and assessed.

The evidence that decides a car claim

A car accident claim usually rests on a fairly consistent set of evidence.

The police report and sketch plan for the collision.
Dashcam footage, yours or the other driver’s, if it exists.
Photographs of both vehicles and the road layout.
A Puspakom or JPJ vehicle inspection where damage is disputed.
A specialist medical report on your injuries and prognosis.

Dashcam evidence explains why this single piece of footage often settles a dispute that would otherwise take months.

Were you partly at fault?

A claim is not automatically lost because you also made a mistake, such as not wearing a seatbelt or braking late. The court weighs your share of the fault and reduces the award accordingly, rather than refusing it.^[3]

How contributory negligence works sets out this principle without pretending there is a standard percentage.

What to do next

Get treated, lodge your police report, and hold off on accepting a figure until your injuries are properly understood. The general deadline for your own injuries is six years from the accident, so start well before then.^[1]

If an offer has already arrived, get your offer reviewed first.

Injured car driver and injured car passenger cover the practical next steps for each seat in the car.

If another driver hit your car and you are hurt, tell us how the crash happened and what your injuries are, and we will give you a plain view of your claim.

Ask if you have a claim

Common questions

Who pays for my injuries after a car accident?

The at-fault driver's insurer pays a valid claim for your injuries, since Malaysian law requires their policy to cover death or bodily injury to a third party.^[2] This is separate from any claim for damage to your own car.

Does my no-claim discount get affected if I claim for my injuries?

Not in the same way as a vehicle damage claim. A third-party injury claim is generally pursued against the other driver's insurer, not your own policy, though the details can differ by insurer. See [your no-claim discount and a claim](/ncd-and-claims/) for the fuller picture.

Can I claim if I was not wearing a seatbelt?

Usually yes, though it can reduce your compensation if the seatbelt would have lessened your injury. Malaysian courts reduce an award for a claimant's own share of fault rather than end the claim, and there is no fixed percentage for this.^[3]

What if more than one car was involved?

Fault is worked out car by car, based on what each driver did, so more than one insurer can end up sharing responsibility. See [multi-vehicle pileup](/multi-vehicle-pileup/) for how a claim runs when several cars are involved.

How long do I have to bring my claim?

The general deadline for your own injuries is six years from the accident.^[1] Starting early still matters, since dashcam footage, CCTV and witness memory fade well before that deadline arrives.

Sources

Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)