Injured car driver
You were driving when someone else hit you, and now the insurer feels like the enemy.
Another driver hit your car, and now you are dealing with pain, a damaged vehicle, and an insurer that feels like it is on the other side. That last part is the one most drivers find hardest.
It helps to know the insurer is not automatically against you. It is simply the party that has to check the facts before it pays.
What if the other driver blames you?
This happens often, especially where the two accounts do not match. It is not decided by whoever speaks first or loudest.
Dashcam footage, the police sketch plan, and any independent witness usually settle this kind of dispute far more reliably than two competing stories.
Will the insurer actually pay you?
Once fault is established, the at-fault driver’s insurer must satisfy a valid claim for your injuries, because Malaysian law requires their policy to cover it.[1] This is a legal duty, not a favour.
Your car and your injury are two separate things
It is easy to feel like nothing is moving while your car sits in the workshop. Your injury claim does not wait on the vehicle repair.
Making a car accident injury claim explains how the two tracks run separately, so a slow repair does not have to mean a slow injury claim.
The honest limits
If there is genuinely no evidence beyond two conflicting accounts, a claim becomes harder to prove, though not automatically impossible. Not wearing a seatbelt can also reduce your compensation, without ending your claim.[2]
What to do next
Photograph everything before the car is moved or repaired, and request any nearby CCTV early. If the insurer has made an offer, get it reviewed before you sign anything.
Common questions
What if the other driver tells a different story to the police?
This is common, and it is exactly why evidence matters more than either account alone. Dashcam footage, the sketch plan and witnesses usually settle a dispute that two conflicting statements cannot.
Will the insurer just believe the other driver?
An insurer investigates before deciding, it does not simply take one side's word. A valid claim for your injuries is still owed once fault is established, since the law requires their policy to cover it.[1]
My car is in the workshop. Does that affect my injury claim?
No, they are separate. Your car's repair runs under [your own vehicle damage claim](/own-damage-claim/) or a property claim, while your injury claim follows its own track.
I was not wearing my seatbelt. Am I in trouble?
It can reduce your compensation if it affected your injury, but it does not end your claim.[2] The rest of the facts still carry most of the weight.
Sources
- 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)