Injured pedestrian

A vehicle hit you while you were on foot. Somewhere between the shock and the pain, a quiet worry sets in that your side will not be taken as seriously as a driver’s.

That worry is common among pedestrians. It does not match how a Malaysian claim actually works.

Being a pedestrian does not weaken your claim

You had no vehicle in the crash, which sometimes makes people assume they have less standing to claim. The opposite is closer to the truth.

A driver owes a duty of care to pedestrians on the road. Once fault is established, their insurer must pay a valid claim for your injuries, in full, under the same law that applies to any other claim.^[1]

What if you were not on a marked crossing?

This is one of the most common fears pedestrians describe. Crossing away from a marked crossing does not decide the case by itself.

A court weighs it as one fact among several. It can reduce your compensation if it played a real part, but it does not end your claim.^[2]

If the driver did not stop

This is frightening, and understandably so. If you or anyone nearby caught even part of the plate number, get it into your police report as soon as possible.

Where the vehicle can still be identified, a route through the Motor Insurers’ Bureau may apply if the driver turns out to have been uninsured. Hit-and-run: can you claim explains this honestly, including where it does not help.

The honest limits

Where the vehicle truly cannot be identified at all, options narrow considerably. This is uncommon, but it is worth knowing rather than assuming a remedy always exists.

What to do next

Ask nearby shops or homes for CCTV before it is overwritten, and keep a note of exactly where you were standing. Making a pedestrian accident claim covers the fuller process from here.