Making a pedestrian accident claim
A vehicle hit you on foot, and you fear being blamed for being in its way.
A pedestrian accident claim is how someone struck by a vehicle while on foot recovers money for their injuries. The driver’s insurer pays a valid claim, and crossing away from a marked crossing does not by itself decide fault against you.
This page covers who pays, the injury pattern a pedestrian claim usually involves, and what to do if the driver did not stop.
Who pays when a driver hits a pedestrian?
The at-fault driver’s insurer pays your injury claim, because Malaysian law requires their policy to cover death or bodily injury to a third party.[2] As a pedestrian you have no vehicle of your own in the crash, so there is no separate vehicle-damage claim to untangle.
Were you partly at fault for crossing?
A common fear is that walking outside a marked crossing means you have no claim. That is not how Malaysian law works.
A court can weigh your own actions as part of shared responsibility, which reduces the award rather than ending the claim.[3] A driver is still expected to watch for pedestrians on the road ahead, marked crossing or not.
Common injuries in a pedestrian claim
Being struck while on foot produces a different injury pattern than sitting inside a vehicle.
- Leg, hip or pelvic fracture from the direct impact
- Head injury from the fall after being struck
- Internal injury from the force of the collision itself
- Injuries that differ by height, since a child is hit differently than an adult
See hip injury claims and internal organ injury claims for how these are documented.
The evidence that decides a pedestrian claim
- Nearby shop, home or traffic CCTV footage
- The police report and scene sketch plan
- Witness accounts of the driver’s speed and direction
- A specialist medical report on your injuries
Save CCTV requests early. Many systems overwrite footage within days.
If the driver did not stop
Some pedestrians are left with only a partial description or a plate number caught in passing. If the vehicle can still be identified, a route through the MIB may apply where the driver turns out to have been uninsured.[4] Where it genuinely cannot be identified, hit-and-run: can you claim explains this harder situation honestly.
What to do next
Get treated, ask nearby premises for CCTV before it is overwritten, and keep a note of exactly where you were standing or crossing. The general deadline for your own injuries is six years from the accident.[1]
Injured pedestrian covers the practical next steps, and child pedestrian accident covers a child’s own timeline.
Common questions
Was it automatically my fault if I was not on a pedestrian crossing?
No. Crossing away from a marked crossing does not by itself decide fault, though a court can weigh it as part of your own share of responsibility.[3] A driver still owes pedestrians a duty to keep a proper lookout wherever they are.
Who pays for my injuries as a pedestrian?
The driver's insurer pays a valid claim for your injuries, since Malaysian law requires their policy to cover death or bodily injury to a third party like you.[2] You are not chasing the driver personally in most cases.
What if the driver did not stop after hitting me?
If you or a witness got the vehicle's plate number, a claim may still be possible through the Motor Insurers' Bureau (MIB) if the driver turns out to have been uninsured.[4] [Hit-and-run: can you claim](/hit-and-run-claim/) sets out this route and its limits honestly.
How long do I have to make my claim?
The general deadline for your own injuries is six years from the accident.[1] Evidence like CCTV footage is usually lost far sooner than that, so starting early matters more than the deadline itself.
Does it matter that I was hit in a housing area or school zone?
It can support your claim rather than hurt it. A driver passing through an area where pedestrians are expected is held to a higher standard of care for that stretch of road.
Sources
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)
- 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)
- AskLegal.my, on the Motor Insurers' Bureau of West Malaysia (accessed 2026-09-22)