How a dependency claim works
You relied on someone who died in a road accident and want to know what you can claim.
A dependency claim lets the family of someone killed in a road accident recover the financial support they have lost. It is brought separately from any claim for the deceased’s own losses. It sits under the wider topic of a fatal road accident claim, alongside the estate claim covered there.
Who this claim is actually for
The law generally allows the spouse, parents and children of the deceased to bring this claim.[2] The eligible group was widened in 2019 to include certain disabled family members who depended on the deceased financially.
It is worth checking your own situation rather than assuming who is included, since family arrangements vary.
What it recovers
At its core, this is a claim for loss of support. This means the financial contribution the family would have received had the person lived.
It also covers reasonable funeral expenses and a fixed statutory bereavement sum, currently RM30,000, subject to current law.[4] Who can claim after a death breaks this down further by family relationship.
What does not reduce your claim
A common worry is that money already received will be deducted from the award. This includes an insurance payout, Employees Provident Fund (EPF) savings, or a pension.
It generally will not be deducted.[3] This is worth knowing early, since it removes a reason some families hesitate to bring a claim at all.
How the value is actually worked out
The court looks at what the deceased earned. It reasonably deducts what they would have spent on their own living costs, before working out what the family would have received.
There is no single figure this site can offer, since it depends entirely on the facts of your family. How support is valued explains the method in more depth.
The deadline that does not move
A dependency claim generally must start within three years of the date of death.[1] Malaysian courts have treated this as an absolute limit rather than a guideline.
See claim deadlines explained for how this compares with other timeframes, including the six-year period for an ordinary injury claim.
What to do next
Gather the death certificate, the police report, and evidence of how the deceased supported the family, such as payslips or bank records. Doing this early makes the claim far easier to document later.
Do you need a lawyer can help you think through whether to bring one in at this stage.
Common questions
Who counts as a dependant for this claim?
Generally the spouse, parents and children of the person who died, and since a 2019 change, certain disabled family members who relied on the deceased financially.[2] Each family situation is a little different, so it is worth checking who in your case qualifies.
What does a dependency claim actually pay for?
It is built around the financial support the family would have received had the person lived, plus reasonable funeral expenses, and a fixed statutory bereavement sum.[4] It is not a general payment for grief on its own.
Will my EPF or insurance payout reduce what we can claim?
No. Sums received under insurance, EPF or a pension are generally not deducted from a dependency award.[3] Families sometimes assume the opposite and hold back from claiming, which is not necessary.
How is the value of lost support worked out?
The court looks at what the deceased earned and what the family would reasonably have received from it going forward. There is no fixed formula that applies the same way to every family, so this page will not attempt to estimate a figure.
Sources
- Shan Chambers, on Civil Law Act 1956 s.7(5) (accessed 2026-09-22)
- Thomas Philip, on Civil Law Act 1956 s.7 (accessed 2026-09-22)
- Thomas Philip, on Civil Law Act 1956 s.7 (accessed 2026-09-22)
- Skrine, on the Civil Law (Amendment) Act 2019 State only with this source and subject to current law (accessed 2026-09-22)