Making a third-party injury claim
Another driver's carelessness hurt you and you are not sure who actually pays.
A third-party bodily injury (TPBI) claim is how an injured road user recovers compensation from the driver who caused the accident, paid in practice by that driver’s insurer. It sits within the broader road accident claim process, as the specific track for personal injury rather than vehicle damage.
Why the claim runs against an insurer
Malaysian law requires every motor vehicle on the road to carry third-party insurance cover. This is why using an uninsured vehicle is itself an offence.[1]
Once a policy is in force, the insurer must satisfy a court judgment for death or bodily injury against its insured driver.[2] This is why you are rarely chasing the other driver’s own money.
The claim is legally against the driver, but the insurer is the one who actually pays once liability and the amount are settled.
What you need to prove
A TPBI claim generally needs three things to hold together. First, that the other driver was at fault. Second, that you were injured as a result.
Third, medical evidence of what that injury cost you in treatment, income and ongoing effects. A police report and a specialist medical report are the backbone of most claims.
How this differs from a vehicle damage claim
Your injury and your vehicle’s damage are treated as separate claims, even though they came from the same accident. The vehicle side is generally handled as an own damage claim against your own insurer.
The injury, meanwhile, goes through the third-party route described here. Keeping the two apart in your own paperwork makes both easier to track.
What can reduce the amount
If you were partly responsible for the accident, Malaysian law allows the award to be reduced to reflect your share. There is no fixed percentage set in advance for this.
This does not end the claim. It simply changes the amount reached at the end, based on what the evidence actually shows about how the accident happened.
What to do next
Get medical treatment and keep every record. Lodge a police report, and avoid agreeing to any figure before your prognosis is clear.
The general deadline for this type of claim is six years from the accident, so there is no need to rush a decision in the first days.[3] None of these steps require a lawyer to start, but they make bringing one in later far more straightforward.
The claim process step by step sets out the full sequence. Do you need a lawyer helps you decide whether to bring one in early.
Common questions
What does third-party bodily injury actually mean?
It means a claim for your injury brought against the driver whose carelessness caused the accident, rather than a claim under your own policy. The word third party refers to you, as the person outside the contract between the at-fault driver and their insurer.
Do I claim against the driver or the insurer?
In practice, against the insurer. The law requires the at-fault driver's insurer to satisfy a valid judgment for death or bodily injury, so the process runs through the insurer even though the driver is technically the defendant.[2]
What if the other driver had no insurance?
A different route through the Motor Insurers' Bureau may apply, with its own conditions and a shorter deadline. See claiming against an [uninsured driver](/uninsured-driver-claim/) for how that works.
How long do I have to bring this claim?
The general deadline is six years from the accident for your own injuries.[3] Starting early still matters, since evidence and witnesses fade well before that date.
Sources
- Road Transport Act 1987, s.90 (Ministry of Transport) (accessed 2026-09-22)
- Road Transport Act 1987, s.96 (Ministry of Transport) (accessed 2026-09-22)
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (accessed 2026-09-22)