After a road accident in Malaysia, prioritize safety by checking whether you or any passengers are injured, and if possible, move the vehicle to a safe location while switching on hazard lights; call the emergency line 999 for medical assistance and notify the police. By law, a police report must be lodged within 24 hours at the nearest police station to avoid penalties under Section 52(2) of the Road Transport Act 1987. Exchange full details with the other parties involved, including name, National Registration Identity Card (NRIC) number, driving licence number, vehicle registration number, phone number, and insurance information.
Take photographs of the accident scene, vehicle damage, road signs, weather conditions, and any injuries sustained; do not admit fault or speculate at the scene, let the authorities and insurance companies determine liability. Seek medical attention even for seemingly minor injuries to ensure there is a medical record to support any insurance or legal claims. Contact your insurance company promptly to initiate the claims process, follow their instructions regarding panel workshops, and comply with Malaysian motor insurance guidelines and prescribed timelines.
What to do After a Car Accident in Malaysia
What Are the Immediate Steps to Take After a Car Accident?
A car accident in Malaysia refers to an incident involving one or more vehicles that results in damage or injury. The priority after a car accident is safety and medical assistance. Check for injuries and call 999 for emergency medical help if needed. Move vehicles to a safe location if possible, turn on hazard lights, and place a warning triangle to alert other drivers.
Document the scene thoroughly. Take photos of vehicle damage, license plates, road conditions, and landmarks. Record the time, location, and position of vehicles. Exchange contact and insurance details with the other driver, including name, phone number, IC or driving license number, and insurer information.
How Do You File a Police Report for a Car Accident in Malaysia?
A police report is mandatory under Section 52(2) of the Road Transport Act 1987. Drivers must file a report at the nearest police station within 24 hours unless hospitalized. Delays require a medical report as proof.
The police report is critical for insurance claims. Obtain a certified copy for submission to your insurer. False statements violate Section 182 of the Penal Code, punishable by fines or imprisonment. The Royal Malaysia Police (PDRM) also provides an e-Reporting portal for non-emergency cases.
What Information Should You Exchange with the Other Driver?
Collect all relevant details from the other party. This includes their full name, address, contact number, IC or driving license number, vehicle registration, make, model, and insurer details. Witness contact information strengthens your case.
Avoid admitting fault at the scene. Disputes over liability are common, and admissions can complicate insurance claims. Stick to factual documentation and let authorities determine fault.
When Should You Notify Your Insurance Company?
Contact your insurer immediately, ideally within 24 hours. Provide your policy number, accident details, and police report. Delays beyond seven days may risk claim rejection.
Follow your insurer’s towing and repair instructions. Unauthorized tow trucks or workshops can void claims. Insurers typically require repairs at panel workshops and may appoint a loss adjuster to assess damage.
What Are the Legal Penalties for Not Reporting an Accident?
Failing to report an accident within 24 hours violates Malaysian law. First-time offenders face fines up to RM2,000 or six months’ imprisonment. Repeat offenders risk higher fines or longer jail terms.
Exemptions apply for medical emergencies. Hospitalized individuals must submit a medical report to justify delayed reporting. The police may issue a summons if fault is disputed.
How Does the Insurance Claims Process Work?
Claims fall under Third-Party or Own Damage Knock-for-Knock (OD KFK). OD KFK protects your No-Claim Discount (NCD) if the other party is at fault. Submit a completed claim form, police report, vehicle registration (Grant), and photos.
Insurers investigate before approving claims. A loss adjuster inspects the vehicle and reviews evidence. Non-panel repairs may not be covered. Claims for severe injuries or disputes may require legal intervention.
What Compensation Can You Claim After an Accident?
Injured parties can seek general and special damages. General damages cover pain and suffering, while special damages include medical bills and repair costs. Loss of earnings and vehicle use are also claimable.
The limitation period for personal injury claims is three years. Contributory negligence reduces compensation. Legal representation is advisable for complex cases, especially against uncooperative insurers or drivers.
What Should Foreign Drivers Do After an Accident in Malaysia?
Singapore-registered vehicles must comply with Malaysian procedures. Verify cross-border insurance coverage and follow local reporting requirements. Contact your insurer for guidance on authorized workshops.
Police reports and evidence collection remain mandatory. Language barriers may require assistance from local authorities or legal advisors. Failure to report can complicate cross-border claims.
Why Is Dashcam Footage Important for Accident Claims?
Dashcam footage provides unbiased evidence. It helps verify fault, road conditions, and driver behavior. Preserve the footage and share it with insurers or police if requested.
Without footage, disputes rely on witness statements. Contradictions can delay claims. Time-stamped videos strengthen your position in legal or insurance proceedings.
What Are Common Mistakes to Avoid After an Accident?
Never leave the scene without reporting. Hit-and-run cases carry severe penalties, including license suspension or criminal charges.
Avoid unauthorized repairs or settlements. Insurers may reject claims if repairs are done at non-panel workshops. Private settlements without police reports risk future liability.