Liability

Liability is the legal responsibility for causing an accident, and it must generally be established before the question of compensation is even reached.

In a road accident claim, liability is usually decided by looking at the police report, the sketch plan, witness accounts and any dashcam footage, to work out whose driving fell short of the standard expected. Liability can be shared between both drivers rather than sitting entirely with one side.

Once liability is agreed or proven, the case moves on to quantum, which is the separate question of how much the injury and losses are actually worth.

Who is at fault explains how liability is usually assessed in Malaysia.