Claim deadlines you need to know
You have heard different numbers from different people and want to know which deadline actually applies to you.
The deadline for a Malaysian road accident claim depends on which type of claim you are bringing. Many people believe every claim runs on a three-year clock. That belief is wrong for most injury claims, and this page sets out each real deadline in one place.
The deadlines compared
| Situation | Deadline | Runs from |
|---|---|---|
| Your own injury, an ordinary claim. | Six years.[1] | The date of the accident. |
| A fatal or dependency claim. | Three years, treated as absolute.[2] | The date of death. |
| A government or public authority defendant. | 36 months.[3] | The date of the act complained of. |
| An uninsured driver claim through the Motor Insurers’ Bureau (MIB). | Three years.[4] | The date of the accident. |
| A child’s own injury claim. | Six years from turning 18.[5] | The child’s 18th birthday. |
Correcting the three-year myth
Many people assume every road accident claim in Malaysia must be brought within three years. That figure comes from English law. It does not apply here for an ordinary injury claim, which instead has six years under Malaysian statute.[1]
The mix-up is understandable, since claims in some other countries genuinely do run on a three-year period. Three years is real in Malaysia too, but it applies only to narrower situations, chiefly a fatal claim.
Why the fatal deadline is shorter and stricter
A dependency claim after a death runs on a three-year clock from the date of death, not the date of the accident. Courts have treated this as an absolute limit, with essentially no room to extend it.[2]
Making a claim after a fatal accident covers what this means for a grieving family in practice.
Why the deadline is a backstop, not a plan
Even where you have six years, waiting close to the limit works against you. Evidence and witnesses fade long before the legal clock runs out.
How long a claim takes explains the realistic pace of a claim, which is almost always faster than the deadline itself.
What happens if you miss it
Missing the relevant deadline generally bars the claim entirely, with very limited exceptions depending on the facts. This is not a risk worth testing, particularly for the shorter three-year and 36-month periods.
What to do with this information
Work out which row in the table above applies to your situation. Treat that as your outer limit, not your target.
Do you need a lawyer can help you confirm which deadline governs your specific facts.
Common questions
Is it true I only have three years to claim for my injury?
No, that is a common myth. The three-year figure is English law and does not apply in Malaysia. Here, an ordinary personal injury claim generally has six years from the accident.[1] Three years applies only to narrower situations such as a fatal claim.
What is the deadline if a family member died in the accident?
A dependency claim generally must start within three years of the date of death, and Malaysian courts have treated this as an absolute bar with no extension.[2] This is much shorter than the injury deadline, so acting quickly matters here specifically.
What if the vehicle that hit me belonged to a government department?
A different, shorter period of 36 months can apply where the defendant is the government or a public authority.[3] It is worth checking who the vehicle actually belonged to early on.
Does a child injured in an accident have longer to claim?
Generally yes. Time usually does not start running until the child turns 18, giving them six years from that birthday to bring their own claim.[5] This does not apply to a fatal claim on the child's behalf, which follows the three-year rule instead.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- Shan Chambers, on Civil Law Act 1956 s.7(5) (accessed 2026-09-22)
- Public Authorities Protection Act 1948, s.2(a) (accessed 2026-09-22)
- AskLegal.my, on the Motor Insurers' Bureau of West Malaysia (accessed 2026-09-22)
- Thomas Philip, on Limitation Act 1953 s.24 (accessed 2026-09-22)