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What to Do After a Car Accident in Malaysia 2026

When to call police, what information to exchange, how to claim insurance, how your NCD is affected, and what to do if the other driver has no insurance — clearly explained.

Time to Report
24 hours
Police Report
Sometimes required
Insurance Claim
Within 7 days (typical)
Governing
Road Transport Act 1987
The most important thing: Do not panic. Most accidents in Malaysia — even serious-looking ones — follow a predictable process. Stay calm, gather information, and follow the steps in this guide. The biggest mistakes people make are moving the car before documenting the scene, failing to exchange full details, and missing the 24-hour window to file a police report.

In This Guide

  1. Immediate steps after the accident
  2. When you must call the police (and when you don't)
  3. What to exchange with the other driver
  4. Photographing the scene — what to capture
  5. Filing a police report — when, where, and what to bring
  6. Claiming car insurance — own damage vs third-party
  7. Panel workshop vs own workshop — what you need to know
  8. What happens to your NCD after a claim
  9. When the other driver is uninsured
  10. Hit and run — what to do
  11. Quick reference table
  12. Frequently asked questions

Immediate Steps After the Accident

The first few minutes matter. Here is what to do in order:

  1. Stay calm and do not flee
    Leaving the scene of an accident — even a minor one — can be treated as a hit-and-run under the Road Transport Act 1987. Stay at the scene unless you are in immediate danger.
  2. Check for injuries — call 999 immediately if anyone is hurt
    If anyone — driver, passenger, or pedestrian — appears injured, call 999 right away. Ask for ambulance and police. Do not attempt to move an injured person unless they are in danger of fire or further collision. Moving a person with a spinal injury can paralyse them.
  3. Turn on your hazard lights
    Switch on your emergency hazard lights immediately to warn other road users. If you have a reflective triangle or flares, place them behind your vehicle — especially on highways. This is required by law on federal roads and highways.
  4. Move vehicles to the road shoulder if safe (minor accidents only)
    For minor accidents on busy roads or highways, move the vehicles out of the traffic lane to the road shoulder to prevent secondary accidents. But photograph the original positions first — especially if there is a dispute about fault. On highways, moving is strongly advised to prevent pile-ups; document position with photos before moving.
  5. Do not admit fault or make payments at the scene
    Admissions at the scene can complicate insurance claims and legal proceedings. Do not say "sorry, it was my fault" even if you think it might be. Do not pay cash to settle on the spot unless you have fully documented the damage and understand the risks of a private settlement.
  6. Exchange details with the other driver
    Collect name, IC number, phone number, car registration plate, insurance company, and policy number. See the full list in the section below.
  7. Take photos of everything
    Photograph the damage, positions of vehicles, road conditions, traffic signs, and any visible injuries. Your phone camera is your best tool here. See the photography section below for a full checklist.
  8. Call your insurance company or agent
    Notify your insurer as soon as possible — ideally within 24 hours of the accident. Most Malaysian insurance policies require prompt notification. Your insurer will guide you through the next steps for your specific policy.

When You Must Call the Police (and When You Don't)

Under the Road Transport Act 1987 (Section 53), reporting to police is compulsory in the following situations:

When a Police Report Is Optional

For a straightforward minor fender-bender where:

In this scenario, both drivers can agree to handle the repair costs privately without involving police or insurance. This is legal — but carries significant risks.

Risk of private settlement: If you agree to a private settlement and later discover your injuries are more serious than they appeared (e.g. whiplash, internal injuries), you have already waived your right to claim. Injuries from road accidents can take hours or days to manifest. If there is any doubt, file a police report first — you can always choose not to claim later.
The 24-hour rule: Under the Road Transport Act, if you are required to file a police report, you must do so within 24 hours of the accident. Missing this window does not make it illegal to file later — but it weakens your report and may complicate your insurance claim.

What to Exchange with the Other Driver

Collect all of the following at the scene. The other driver is legally obliged to provide this information under the Road Transport Act:

What if the other driver refuses to provide details? Do not physically restrain them. Call the police (999) immediately and report a hit-and-run or uncooperative driver. Take as many photos as you can — especially of their licence plate. Try to get witness contacts before they leave.
Note on "Akuan Saksi" (witness statement): A witness statement (Akuan Saksi) is a formal written statement from a bystander who witnessed the accident. It is not the same as a police report. Your insurer may ask for witness statements to support a disputed claim. If witnesses are present, get their contact information on the spot.

Photographing the Scene — What to Capture

Your photos serve as evidence for your police report, insurance claim, and any legal dispute. Be thorough. Take more than you think you need.

What to photograph

Tip: Enable your phone's location services before taking photos. The GPS coordinates embedded in the photo metadata can be used to prove where and when the accident happened. This is especially useful if the other party later disputes the location.

Filing a Police Report — When, Where, and What to Bring

If a police report is required (see the section above), you must file it within 24 hours of the accident. You do not have to go to the police station nearest to the accident location — you can go to any police station (Balai Polis) that is convenient for you.

What to bring to the police station

What happens when you file the report

The police officer will take a statement from you (Penyataan Saksi or Laporan Polis). You will describe what happened — the time, location, direction of travel, what the other vehicle did, and the result. The officer types this up and you sign it. You receive a copy of the police report — keep this copy; you will need it for your insurance claim.

Police report vs witness statement (Akuan Saksi): When you file a report at the police station, you are making a Laporan Polis (police report). This is different from an Akuan Saksi (statutory declaration / witness statement), which is a formal sworn statement. For most accident claims, the Laporan Polis is what your insurer requires. Do not confuse the two — if your insurer asks for a "police report," they want the Laporan Polis.
What if you missed the 24-hour window? You can still file a police report after 24 hours — the police will still accept it. However, the officer will note that the report was filed late, which may raise questions from your insurer. File as soon as possible and explain the reason for delay (e.g. you were hospitalised). Filing late is better than not filing at all.

Claiming Car Insurance — Own Damage vs Third-Party

There are two main ways to claim insurance after an accident, depending on who was at fault and what coverage you have:

1. Own Damage (OD) Claim — your policy covers your car

If you have comprehensive car insurance, you can claim for damage to your own vehicle under your Own Damage (OD) benefit — regardless of who was at fault. You pay the excess (deductible) specified in your policy, and your insurer covers the rest of the repair cost. However, making an OD claim will affect your NCD (see NCD section below).

2. Third-Party Claim — you claim against the other driver's policy

If the accident was the other driver's fault, you can make a third-party claim against their insurer instead of your own. This does not affect your NCD. You will need the other driver's insurance details, a copy of your police report, and evidence that the other party was at fault.

Which should you use?

Situation Recommended Approach NCD Impact
Accident was clearly your fault Claim under your own comprehensive policy (OD) NCD resets to 0%
Accident was clearly the other party's fault Third-party claim against the other driver's insurer No impact on your NCD
Fault is disputed Claim under your own policy; insurer pursues recovery from other party NCD resets; may be reinstated if insurer recovers costs
Damage is very minor (less than excess) Consider private settlement — not worth claiming No impact (no claim made)
Only have third-party insurance (no comprehensive) Can only claim if the other party is at fault; nothing for your own damage No impact (no OD to claim)

Documents needed to lodge an insurance claim

Lodge your claim within 7 days: Most comprehensive insurance policies in Malaysia require you to notify your insurer and lodge a claim within 7 days of the accident. Check your specific policy document for the exact deadline — some insurers allow up to 14 days, but 7 days is the most common requirement. Failing to notify your insurer promptly may give them grounds to reduce or reject your claim.

Repair Process — Panel Workshop vs Own Workshop

This is where many Malaysians lose money without realising it. Your insurance policy specifies which workshops you can use for repairs — and using the wrong one without approval can mean your claim is rejected.

Panel workshop (Bengkel Panel)

A panel workshop is a repair workshop that has been approved and contracted by your insurance company. When you send your car to a panel workshop, the workshop invoices your insurer directly — you only pay the excess (deductible) amount. The insurer has agreed pricing with the panel workshop, so there is no dispute over repair costs.

Non-panel workshop (own choice)

If you send your car to a workshop that is not on your insurer's panel, you must get prior written approval from your insurer before the repairs begin. If you proceed without approval, your insurer may:

Authorised workshop

Some insurance policies (especially for newer cars still under manufacturer warranty) specify an "authorised workshop" — typically the car brand's official service centre (e.g. Perodua SC, UMW Toyota service centre). Using a non-authorised workshop may void your vehicle warranty. Check your policy and your car warranty terms.

Workshop Type Prior Approval Needed? Payment Risk if Used Without Approval
Panel workshop No — just bring your claim documents Workshop bills insurer directly; you pay excess only No risk — this is the standard path
Non-panel workshop Yes — must get written approval first You pay; insurer reimburses approved amount Claim may be rejected or reduced
Authorised brand workshop Depends on policy — often yes Varies by policy May affect warranty if not used for warranty repairs
How to find your insurer's panel workshops: Call your insurance company's customer service line or check their website. Major insurers (Allianz, AXA, Etiqa/Takaful, Kurnia, MSIG, Tokio Marine) all maintain searchable panel workshop directories online. You can also call your agent — they will advise the nearest approved workshop.
What is the "excess" (deductible)? The excess is the amount you pay out-of-pocket before your insurer covers the rest. For example, if your excess is RM400 and the repair costs RM3,000, you pay RM400 and the insurer pays RM2,600. The excess amount is specified in your policy schedule. If you are claiming under a third-party claim (not your own policy), you typically do not pay any excess.

What Happens to Your NCD After a Claim

The No Claims Discount (NCD) — also called No Claims Bonus — is a discount on your annual car insurance premium that grows the longer you go without making a claim. It is one of the most financially significant parts of your car insurance.

NCD rates in Malaysia

Years Without a Claim NCD Percentage Effective Premium Saving
0 years (new policy / after a claim) 0% No discount
1 year 25% 25% off base premium
2 years 30% 30% off base premium
3 years 38.33% 38.33% off base premium
4 years 45% 45% off base premium
5 years or more 55% 55% off base premium

These rates are standardised across all insurers in Malaysia — set by Bank Negara Malaysia and consistent whether you have conventional insurance or takaful.

What happens when you make an at-fault claim

If you make an Own Damage (OD) claim where you are at fault, your NCD resets to 0% at your next renewal. You lose your entire accumulated discount — which can represent hundreds of ringgit in additional premium every year until you rebuild it.

NCD calculation example: If you have a base premium of RM2,000/year and have accumulated 5 years of NCD (55% discount), you are currently paying RM900/year. After an at-fault claim, your NCD resets to 0% and you pay the full RM2,000 — an increase of RM1,100/year. It takes 5 more years of claim-free driving to return to 55% NCD.

When your NCD is not affected

Is it worth claiming?

Before lodging a claim, calculate whether the repair cost exceeds the cumulative NCD loss over the next few years. For minor damage costing less than RM1,000–RM2,000, it is often cheaper to pay for repairs out of pocket and preserve your NCD. Your insurance agent can help you run this calculation.

When the Other Driver Is Uninsured

Driving without valid insurance is a criminal offence under the Road Transport Act 1987, but it still happens. If the driver who caused your accident has no insurance (or invalid/lapsed insurance), your options are:

  1. Claim under your own comprehensive policy
    If you have comprehensive insurance, you can claim for your own vehicle's damage under your OD benefit. This will affect your NCD, but you will get your car repaired. Your insurer may attempt to recover costs from the uninsured driver directly — if successful, your NCD may be reinstated.
  2. File a police report and note the other driver's details
    Make sure you have a copy of the police report and the uninsured driver's IC number and plate number. The police can issue a summons for driving without insurance (fine plus possible licence suspension). The driver cannot legally renew their road tax until the summons is cleared.
  3. Make a claim with the Motor Insurers' Bureau of Malaysia (MIBM)
    MIBM is a body established to compensate victims of accidents caused by uninsured or unidentified vehicles. If the other driver has no insurance and cannot compensate you, MIBM provides a last-resort compensation mechanism — primarily for bodily injury and death, not property damage. MIBM claims are complex and time-consuming; consult a lawyer if you need to pursue this route.
  4. Sue the driver in civil court
    You can file a civil claim against the uninsured driver for vehicle damage and any personal injury. This is the most direct route to compensation for property damage, but it requires the driver to actually be traceable and have assets. Consult a lawyer for claims above RM5,000 (below RM5,000 you can use the Small Claims Court).
About MIBM (Motor Insurers' Bureau of Malaysia): MIBM was established under an agreement with the Minister of Transport to handle claims for death and bodily injury caused by uninsured or untraced vehicles. For property damage, MIBM generally does not compensate — only injury and death claims. Contact MIBM at mibm.com.my or call 03-2287 7575. You must file a police report first before MIBM will process any claim.

Hit and Run — What to Do

A hit-and-run occurs when a driver causes an accident and flees without stopping. Here is what to do:

  1. Stay calm and secure the scene
    Switch on hazard lights. If injured, call 999 immediately. Do not chase the fleeing vehicle — this endangers lives and rarely results in catching the driver.
  2. Note everything you can about the fleeing vehicle
    Try to remember or note: the registration plate (full or partial), vehicle make and colour, direction of travel, and time of the incident. Even partial plate numbers can be useful.
  3. Call the police — 999 or the nearest balai polis
    A hit-and-run is a criminal offence. File a police report immediately. Provide all details — the partial plate, vehicle description, direction of flight, and any witnesses. The police can run the partial plate through JPJ's database.
  4. Look for CCTV footage
    Nearby petrol stations, shop lots, housing areas, and traffic cameras may have captured the fleeing vehicle. Mention this to the police officer taking your report. Time is critical — CCTV footage is often overwritten within 24–72 hours.
  5. Contact your insurer
    Notify your insurer immediately. If you have comprehensive insurance, you can claim for your own vehicle damage even if the other driver is unidentified. You will need the police report as evidence.
  6. For bodily injury — contact MIBM
    If you or your passengers were injured by the hit-and-run driver and that driver is unidentified (cannot be traced), the Motor Insurers' Bureau of Malaysia (MIBM) can compensate for bodily injury and death — even when the driver is unknown. File a police report and contact MIBM as soon as possible.
Dashcam footage: If you have a dashcam (and you should — they are cheap and invaluable), your footage may show the other vehicle's plate number and provide clear evidence of fault. Share the footage with the police when filing your report. Back up the footage to your phone or cloud immediately so it is not overwritten.

Quick Reference Table

Scenario Action Required Timeline
Minor accident — no injuries, both parties present Exchange details, photograph damage; police report optional if no claim Notify insurer within 24 hrs
Any person injured or killed Call 999; police report compulsory Report within 24 hours of accident
Government or foreign vehicle involved Police report compulsory Report within 24 hours of accident
Hit-and-run — driver fled Call police; get police report; contact MIBM for injuries Report within 24 hours; CCTV footage urgent
Other driver is uninsured Police report; claim own policy (OD); consider MIBM for injury Notify insurer within 7 days
Lodging insurance claim (own damage) Police report + claim form + photos + documents to insurer Lodge claim within 7 days of accident
Third-party claim (other driver's fault) Police report + evidence of fault + contact other driver's insurer As soon as possible; no NCD impact
Private settlement (no claim) Photograph everything; get written agreement if possible No fixed deadline; risky if injuries appear later
Windscreen damage only Claim under windscreen benefit (if in policy) — no police report needed Contact insurer promptly; NCD not affected

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Frequently Asked Questions

Do I have to make a police report for a minor accident where no one is hurt?
Strictly speaking, if no one is injured and no government or foreign vehicle is involved, a police report is not legally compulsory. However, if you intend to make an insurance claim, your insurer will almost certainly require a police report. Even for minor accidents, filing a report protects you if the other party later claims injuries or disputes what happened. When in doubt, file the report — it takes less than an hour at the nearest balai polis.
What if I missed the 24-hour window to file a police report?
You can still file a police report after 24 hours. The officer will note the delay and you may be asked to explain why. Your insurer may ask questions about the delay, but a late report is better than no report. If the delay was due to hospitalisation or genuine incapacity, document this and inform your insurer. File as soon as you are able.
Should I agree to a private settlement (settle sendiri)?
Private settlements are common in Malaysia for minor fender-benders, but carry real risks. If you settle privately and injuries appear later (whiplash can take 24–48 hours to manifest), you have waived your right to claim. If the other party later denies the agreement or claims different damage, you have no protection. If you do settle privately: photograph everything, exchange full details, get a written agreement (WhatsApp message counts), and agree on the payment amount and method explicitly. For anything more than a light scratch, think carefully before skipping the police report.
The accident was the other driver's fault. Do I claim on my own insurance or theirs?
If the other driver is clearly at fault, you can claim against their insurer (third-party claim) — this does not affect your NCD. However, this process can be slower and more contentious than claiming on your own policy. Many people choose to claim on their own comprehensive policy for speed and convenience, and let their insurer recover costs from the at-fault driver's insurer. If their insurer successfully recovers the full amount, your NCD may be reinstated. Ask your insurer which approach they recommend for your specific situation.
Will making a claim always reset my NCD to 0%?
Only if you make an at-fault Own Damage claim — and only on your own policy. Making a third-party claim against another driver's insurer does not affect your NCD. Windscreen claims typically do not affect NCD if your policy includes a separate windscreen rider. If you make an OD claim but your insurer subsequently recovers the full costs from the at-fault party, your NCD is usually reinstated at renewal. Clarify this with your insurer before lodging the claim.
Can I choose which workshop to send my car to?
You have the right to choose your own workshop, but using a non-panel workshop without prior written approval from your insurer can result in your claim being rejected or reduced. For a straightforward claim, using a panel workshop is the simplest and safest option. If you have a specific preferred workshop (e.g. a trusted mechanic or the brand's authorised service centre), call your insurer first and get written approval before sending the car there.
What is the excess (deductible) and do I have to pay it?
The excess is the first portion of any claim that you pay out of pocket. It is stated in your policy schedule. For example, if your excess is RM400 and the repair costs RM3,500, you pay RM400 and the insurer pays RM3,100. If you are the claimant in a third-party claim against another driver's policy, you typically do not pay any excess — the at-fault driver's insurer covers the full cost. If your repair cost is less than your excess, it is generally not worth making a claim.
The other driver has no insurance. What can I do to recover my costs?
Your main options are: (1) claim under your own comprehensive policy for your vehicle damage — your insurer may seek recovery from the uninsured driver; (2) sue the uninsured driver in civil court (Small Claims Court for amounts below RM5,000; Magistrate's Court for RM5,000–RM100,000); (3) for bodily injury only, file a claim with the Motor Insurers' Bureau of Malaysia (MIBM) at mibm.com.my. MIBM does not cover property damage — only personal injury and death. Always file a police report first, as no claim process will proceed without it.
Disclaimer: This guide is for general informational purposes only and does not constitute legal or insurance advice. Insurance policy terms vary — always read your own policy document and consult your insurer or an independent insurance agent for advice specific to your situation. For legal disputes, consult a qualified lawyer. The information in this guide reflects Malaysian law and insurance practices as of 2026.

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