What Happens If the Other Driver Has No Insurance?
If an uninsured driver damages your car, your own comprehensive insurance may cover the repairs, subject to your policy terms. Your NCD may be affected, but you can also consider seeking compensation directly from the driver.
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What happens if an uninsured driver hits your car?
If another driver causes an accident but has no valid insurance, you cannot make a claim against that driver's insurer because there is no insurer to handle it.
Your options depend on your existing coverage.
| Your insurance type | What you may be able to claim |
|---|---|
| Comprehensive | Claim for eligible damage to your own car under your policy, subject to its terms and excess. |
| Third-Party, Fire and Theft (TPFT) | Generally does not cover accidental damage to your own car. |
| Third-party only | Does not cover accidental damage to your own car. |
If you have comprehensive cover, contact your insurer promptly to ask about making an own-damage claim.
If you have third-party-only or TPFT cover, you may need to pursue compensation directly from the driver responsible for the accident. Whether you can recover the cost depends on the circumstances and the driver's ability to pay.
You can learn more about the different types of car insurance coverage in Malaysia through Bank Negara Malaysia.
Will your NCD be affected if the other driver has no insurance?
Yes, your NCD may be affected if you claim for your car's damage under your own comprehensive policy.
An eligible Own Damage Knock-for-Knock (OD-KFK) claim can usually preserve your NCD when the at-fault driver is insured. However, OD-KFK generally isn't available when the at-fault vehicle has no insurance.
Before making a claim, check with your insurer about the available options and how they may affect your NCD.
You can check your current entitlement using the BJAK NCD Checker.
What should you do if an uninsured driver hits your car?
Taking the right steps after the accident can help protect your safety and support your claim.
Step 1: Make sure everyone is safe
Move to a safe location if possible. If anyone is injured or there is immediate danger, contact the emergency services. Avoid arguing with the other driver or agreeing to a settlement before you understand the situation.
Step 2: Record the accident details
Collect the information you can safely obtain. These details may help the police and your insurer assess what happened.
- The other vehicle's registration number.
- The driver's name and contact details.
- Photographs of the vehicles and visible damage.
- The accident location, date and time.
- Witness details, if available.
Step 3: Lodge a police report
In Malaysia, road accidents should generally be reported to the police within 24 hours. Explain the circumstances accurately and provide the available evidence. Follow any further instructions from the investigating officer. A police report is important, but it does not automatically guarantee that an insurance claim or compensation request will be approved.
Step 4: Contact your insurer
Inform your insurer about the accident as soon as possible. Explain that the other vehicle appears to be uninsured and ask which claim process applies. Your insurer may request the police report, photographs, vehicle documents and other supporting evidence. Do not authorise repairs until you have checked whether the insurer needs to inspect your car or approve the repair estimate.
Step 5: Keep all documents and receipts
Save your police report, repair estimates, invoices, correspondence and any other relevant evidence. If you need to pursue compensation from the other driver, these documents may help support your case.
For more guidance, read BJAK's guide to making a car insurance claim.
Can you claim compensation from an uninsured driver?
Yes, you may be able to pursue the driver responsible for the accident for your losses. However, the process can be more difficult when there is no insurer to handle the claim.
Depending on the circumstances, you may need to seek legal advice about pursuing compensation through the appropriate legal process.
Keep evidence of your vehicle damage, repair costs and other losses you intend to claim. The outcome depends on liability, the evidence available and the applicable law.
Even if the police determine that the other driver caused the accident, recovering compensation may take time and is not guaranteed.
What if you are injured by an uninsured driver?
Claims for injuries or death differ from claims for vehicle damage. Malaysia's Motor Insurers' Bureau (MIB) may assist with eligible bodily injury or death claims involving uninsured vehicles, subject to its rules.
MIB assistance should not be assumed to cover car repairs or other property damage. Seek medical attention if needed, keep your medical records and police report, and contact MIB to confirm eligibility and required documents. You may also seek legal advice about pursuing compensation.
Who pays for your car repairs if the other driver is uninsured?
There is no single answer for every accident. The available options depend on your policy and the circumstances.
| Situation | Possible next step |
|---|---|
| You have comprehensive cover | Ask your insurer whether an own-damage claim is available. |
| You have TPFT or third-party-only cover | Check whether you can pursue compensation directly from the responsible driver. |
| Your car is badly damaged | Obtain a repair assessment and ask your insurer about the applicable claims process. |
| You have suffered bodily injuries | Seek medical care and check whether an MIB claim may be available. |
| You disagree about who caused the accident | Follow the police investigation process and obtain advice about your options. |
If you make an own-damage claim, check whether an excess applies and how the claim will affect your NCD.
How can you protect yourself against uninsured drivers?
You cannot control whether another driver has valid insurance, but you can review your own protection before an accident happens.
- Consider comprehensive cover. It can cover eligible accidental damage to your own car, even when you need to claim under your own policy, subject to its terms.
- Check your policy excess. Understand how much you may need to pay towards an eligible claim.
- Review your NCD. Know your current entitlement and how a claim may affect it.
- Keep your documents accessible. Save your policy details and insurer contact information.
- Understand your exclusions. Check what your policy does and does not cover.
Comprehensive insurance does not guarantee that every loss will be paid. Your insurer will still assess the circumstances and apply the relevant policy terms.
Frequently asked questions
If you have comprehensive cover, you may be able to claim for eligible damage to your own car under your policy. If you have TPFT or third-party-only cover, accidental damage to your own vehicle is generally not covered.
Your NCD may be affected if you claim under your own policy. OD-KFK generally does not apply when the at-fault vehicle is uninsured, so ask your insurer to confirm the available options before proceeding.
MIB may consider eligible bodily injury or death claims involving uninsured vehicles, subject to its requirements. It should not be treated as a general fund for repairing your damaged car.
You may be able to pursue compensation directly from the responsible driver. Consider getting legal advice about the evidence, process, costs and likelihood of recovering the amount owed.
Keep your evidence and documents, and seek advice about the available legal options. A police report alone does not guarantee that you will recover the repair costs.
Comprehensive cover provides protection for eligible accidental damage to your own vehicle as well as third-party liability. Whether it suits you depends on your vehicle, budget and protection needs.
Compare car insurance on BJAK
An accident involving an uninsured driver can leave you facing unexpected repair costs and a complicated claims process. Understanding your coverage before an accident happens can help you prepare for these situations. Compare car insurance on BJAK to review available coverage options, compare prices and find protection that suits your vehicle and budget.