What should you do if another driver hits your car but has no valid insurance? The situation can be stressful, especially if your car is damaged and you need to pay for repairs.
In Malaysia, your claim options depend on your car insurance coverage, the circumstances of the accident and whether the driver who hit you can be identified.
If you have comprehensive car insurance, you may be able to claim for damage to your own car. However, if you only have third-party insurance, damage to your own vehicle is generally not covered under your policy.
What Can You Claim If the Other Driver Has No Insurance?
If the at-fault driver does not have valid insurance, you may not be able to make a standard claim against their insurer.
However, there are still several options worth exploring.
Claim or coverage type
What may be covered?
What you should know
Own-damage claim
Covered repair costs for your car
Generally requires comprehensive insurance. Your NCD may be affected.
Third-party insurance
Usually no cover for damage to your own car
Covers your liability to other people, not damage to your own vehicle.
Personal Accident (PA) insurance
Eligible injury or death benefits
Depends on the policy, who is covered and the claim conditions.
Motor Insurers’ Bureau (MIB)
Certain eligible bodily injury or death compensation claims
Not a route for claiming car repair costs. Eligibility and decisions depend on MIB’s applicable rules.
Claim directly against the driver
Compensation that can legally be recovered from the responsible party
Recovering payment may be difficult if the driver cannot afford to pay.
Your available options depend on the circumstances. For general guidance on motor insurance claims, visit the BJAK Car Insurance Learning Hub.
1. Can You Claim Through Your Own Car Insurance?
Yes. If you have comprehensive car insurance, you can generally apply for an own-damage claim for accident damage covered by your policy.
For example, another driver hits your car from behind but has no insurance. Your bumper and boot are damaged, so you contact your insurer to check whether you can claim for the repairs under your own policy.
However, there are a few things to consider:
Your NCD may be affected: A standard own-damage claim can cause your No Claim Discount (NCD) to reset to 0% at your next renewal.
An excess may apply: You may need to pay part of the claim cost, depending on your policy.
Approval is required: Your insurer needs to assess the damage and confirm coverage before authorising repairs.
Because the other vehicle is uninsured, the usual Own Damage Knock-for-Knock (OD-KFK) route may not be available. This arrangement generally requires the at-fault vehicle to be identifiable and covered by relevant insurance.
Before agreeing to any repairs, contact your insurer and ask which claim route applies to your situation.
2. What If You Only Have Third-Party Insurance?
If you only have third-party insurance, your policy generally will not pay to repair your own car, even if the accident was not your fault.
Third-party insurance covers your liability for injury, death or property damage caused to other people, subject to the policy terms.
If the driver who hit you has no insurance, you may need to pursue compensation directly from the responsible driver through the appropriate legal channels.
If you or your passengers suffer injuries in the accident, your options may differ from those available for vehicle damage.
Here are some possibilities to check:
Personal Accident (PA) insurance: If you have relevant PA coverage, you may be able to claim benefits for covered injuries or death, subject to the policy terms.
Motor Insurers’ Bureau (MIB): The MIB may consider certain bodily injury or death claims involving uninsured vehicles, subject to the applicable eligibility requirements and rules.
A claim against the at-fault driver: You can seek legal advice about your right to pursue compensation from the person responsible for the accident.
Important: The MIB is not a substitute for car insurance that pays for damage to your bumper, doors or other vehicle parts. If you want to pursue compensation for injuries, contact the MIB to confirm eligibility and the documents required.
If anyone is seriously injured, seek medical attention immediately and keep all medical records and related expense receipts.
4. What Should You Do After Being Hit by an Uninsured Driver?
Follow these steps to help protect your rights and support the claims process.
Step 1: Make Sure Everyone Is Safe
Stop in a safe place if possible. If anyone is injured, contact emergency services and arrange medical attention as needed.
Step 2: Collect Evidence of the Accident
Take photos of the vehicle damage, registration numbers, accident location and road conditions. Get the other driver’s name and contact details if possible.
If there are witnesses or dashcam footage, keep that evidence as well.
Step 3: Make a Police Report
In Malaysia, drivers involved in a road accident must report it to the police as soon as reasonably practicable and within 24 hours, as required under Section 52(2) of the Road Transport Act 1987.
Mention that the other driver appears to be uninsured if this has been confirmed. Do not assume the driver has no insurance if their status has not yet been verified.
Step 4: Contact Your Insurer
Notify your insurer about the accident promptly. Ask whether you can make an own-damage claim and which documents you need to provide.
Do not start repairs before following your insurer’s instructions and obtaining any required approval.
Step 5: Keep All Relevant Documents
Keep copies of the police report, accident photos, workshop quotations, medical bills where applicable and all communications with your insurer.
These documents may help support an insurance claim or a request for legal advice.
If you make a standard own-damage claim under your comprehensive policy, your NCD will generally be affected, even if you believe the accident was not your fault.
However, the actual outcome depends on the claim type and your insurer’s assessment. An eligible OD-KFK claim generally protects your NCD, but this route may not be available when the at-fault driver has no insurance.
Before making a claim, ask your insurer about:
Whether your NCD will be affected.
How much excess you may need to pay.
Which repair costs are covered.
Whether there are other options for recovering costs from the responsible driver.
Being hit by an uninsured driver can create unexpected expenses, but you may still have options.
If you have comprehensive insurance, check whether you can make an own-damage claim. If you suffer injuries, review your PA coverage and check whether you may qualify for compensation through the MIB.
Make a police report, collect evidence and contact your insurer as soon as possible. Before your next renewal, compare coverage options through BJAK to find car insurance that suits your needs.
Can I claim car insurance if the driver who hit me has no insurance?
If you have comprehensive insurance, you can generally apply for an own-damage claim for covered damage. However, your NCD may be affected. If you only have third-party insurance, damage to your own car is generally not covered.
Does the Motor Insurers' Bureau (MIB) pay for car repairs?
The MIB is not a route for claiming vehicle repair costs. It may consider certain bodily injury or death claims involving uninsured vehicles, subject to eligibility requirements.
Can I claim compensation directly from an uninsured driver?
You can seek legal advice about pursuing compensation from the driver responsible for the accident. However, recovering payment may be difficult if the driver cannot afford to pay.
Will I lose my NCD if I claim through my own insurance?
Your NCD will generally be affected if you make a standard own-damage claim. However, the impact depends on the claim type and policy terms. Confirm the consequences with your insurer before proceeding.
Do I need to make a police report if the other driver has no insurance?
Yes. Road accidents must be reported in accordance with the applicable legal requirements, including the 24-hour reporting period under Section 52(2) of the Road Transport Act 1987. A police report can also support the claims process and investigation.
Nabil Farhan· · 6 min read
