Bodily Injury Claims: How Compensation Works
Hurt in a road accident caused by another driver? You may be able to make a third-party bodily injury (TPBI) claim against the at-fault driver's insurer. Malaysian motor insurance generally includes liability for injury or death caused to third parties, but compensation depends on fault, evidence and the applicable policy and legal requirements.
- Last reviewed:
- Reviewed by:
- Compliance
- Claim against the at-fault driver. Their insurer may handle your compensation claim.
- Police report within 24 hours. Drivers involved in an accident must report it within this period.
- Know your deadline. In Peninsular Malaysia, injury claims are generally subject to a six-year limitation period. Different deadlines may apply to fatal accidents and other cases.
- Uninsured driver? The Motor Insurers' Bureau (MIB) may consider eligible injury or death claims.
Why the other driver's insurer may pay
Motor insurance covers injury to others
Malaysian motor insurance is compulsory. Act, third-party, third-party fire and theft, and comprehensive policies generally include liability for injury or death caused to third parties.
This means you may claim against the at-fault driver's insurer if that driver was legally responsible for your injuries. However, standard motor policies generally do not cover the driver's liability for injuries to passengers in their own vehicle, subject to exceptions such as taxis and buses.
Read more about third-party car insurance and comprehensive car insurance.
When fault affects your compensation
If you were partly responsible for the accident, your compensation may be reduced according to your share of responsibility.
If you caused the accident, you generally cannot claim bodily injury compensation from the other driver's insurer.
What can you claim?
The amount depends on your injuries, financial losses and supporting evidence. Common types of compensation include:
Medical expenses
Hospital bills, medication, treatment, rehabilitation and nursing care. You may also claim reasonable future medical expenses where supported by medical evidence.
Loss of earnings
Income lost while recovering, supported by payslips, employer records or other proof. If your injuries affect your ability to work in the future, you may also claim future loss of earnings, subject to legal requirements. Under the Civil Law Act 1956, a claimant who was already 60 or older when injured cannot recover damages for future loss of earnings.
Pain, suffering and loss of amenities
Compensation for the injury itself and how it affects your daily activities, mobility and quality of life.
If someone died
Eligible family members may claim loss of financial support and funeral expenses. The Civil Law Act 1956 also provides bereavement damages of up to RM30,000 for eligible beneficiaries, subject to the circumstances set out in the law.
How is compensation decided?
- Court assessment
The amount depends on the injuries, evidence, financial losses and circumstances of the case.
- Personal injury awards
Lawyers and courts may refer to the Malaysian Bar's Compendium of Personal Injury Awards for suggested compensation ranges.
- Guidelines, not fixed amounts
The 2026 Compendium is a reference, not a guaranteed payout. Courts may award more or less depending on the case.
How to make a bodily injury claim
Report the accident to the police
Drivers involved in a road accident must report it to the nearest police station as soon as reasonably practicable and within 24 hours. If you are an injured passenger or pedestrian, make a report promptly too.
Check the claim deadline
In Peninsular Malaysia, claims for personal injury that do not involve death are generally subject to a six-year limitation period. Fatal accident claims and claims involving public authorities may have shorter deadlines. Different limitation laws apply in Sabah and Sarawak.
Get legal advice early so you do not miss the applicable deadline.
Think before accepting a settlement
Check whether an offer is a full and final settlement. Once you sign an agreement releasing the other party from further liability, you may not be able to claim additional compensation for the same injuries.
Get advice if the offer seems too low or you are unsure what it covers.
Keep your documents and receipts
Keep copies of your police report, medical reports, hospital bills, treatment receipts, payslips and employer letters. These records help support your injuries, expenses and lost income.
Other help after an accident
PERKESO commuting cover
If you are an employee covered by PERKESO (SOCSO), its Employment Injury Scheme may cover eligible accidents while travelling between home and work, on work-related journeys or during an authorised meal break. An interruption or deviation from the journey may affect eligibility. Report the accident to your employer and PERKESO separately from your TPBI claim.
Your own personal accident cover
Your personal accident cover is separate from a TPBI claim. It may provide benefits for eligible injuries or death, depending on the policy, who is covered and its terms.
If the other driver was uninsured
You may be able to pursue compensation directly from the driver responsible for the accident. For eligible bodily injury or death claims involving an uninsured vehicle, the Motor Insurers' Bureau (MIB) may also consider assistance under its applicable rules. MIB assistance is not guaranteed and does not cover vehicle repairs. Contact MIB to check eligibility and the documents required.
If the other vehicle could not be identified
If the driver fled and the vehicle cannot be identified, do not assume that MIB will accept your claim. Report the incident to the police, keep any dashcam footage and witness details, and contact MIB or seek legal advice to check what options may be available.
Read more about what happens when the other driver has no insurance and hit-and-run accidents.
Frequently asked questions
Yes, you may be able to claim against the insurer of the vehicle whose driver caused the accident. If the driver of the vehicle you were travelling in was responsible, the claim depends on the applicable passenger liability coverage and policy terms.
No, you can contact the insurer directly to start a claim. However, a lawyer may help if you have serious injuries, there is a dispute over fault or the compensation offer seems too low.
If you claim against another driver's insurer for an accident they caused, it does not normally affect the NCD on your own policy. The effect on the at-fault driver's policy is a separate matter. You can check your NCD at any time.
Be ready before an accident happens
Know what your policy covers and what to do after an accident. Our car insurance claims guide explains the general steps.