Passenger injury claim

A passenger injury claim is one of the more straightforward claims to bring, because you did not control either vehicle. You can generally claim against whichever driver was at fault, including the driver you were riding with, since a passenger is treated as a third party.^[2]

This page explains whose insurance actually applies, what happens when fault is shared, and what evidence helps your claim.

Whose insurance do you actually claim from?

Many passengers assume they can only claim from the other vehicle, not the car they were sitting in. That is not correct.

If your own driver caused the crash, their insurer is the one that pays your injury claim, in the same way any third party’s claim is paid.^[2] If the other driver caused it, the claim runs against them instead.

What if both drivers share the blame?

A claim can name more than one driver where fault is unclear or shared. Who is at fault explains how Malaysian courts work out responsibility between drivers.

You are not required to work this out yourself before claiming. The evidence gathered afterward decides it.

Passenger situations that work a little differently

A few passenger situations carry their own wrinkles worth knowing about.

• A friend or family member’s car, where claiming can feel awkward but is still against their insurer, not them personally
• A bus, where bus passenger fall covers a fall or sudden stop rather than a collision
• An e-hailing trip, where e-hailing passenger hurt covers the trip record as evidence
• A company vehicle on a work errand, where a company vehicle accident explains shared employer responsibility
• A fare-paying or work trip, where cover has been confirmed to extend to passengers travelling for work^[4]

The evidence that helps a passenger’s claim

• The police report and sketch plan for the crash
• A specialist medical report on your injuries
• Witness accounts, including other passengers in either vehicle
• Photographs of both vehicles and the seating arrangement

Does a seatbelt affect your claim?

A seatbelt available but not worn can still reduce your own compensation, separately from who caused the crash.^[3] Contributory negligence explained sets out how this is weighed, without a fixed percentage.

What to do next

Get treated, keep in touch with any other passengers as witnesses, and avoid agreeing to a figure early. The general deadline for your own injuries is six years from the accident.^[1]

Injured car passenger and injured pillion rider cover the practical steps for each seat.