Full process for handling traffic accidents in Malaysia (scene → police report → insurance → claims)
FAQ
1.Do I need to report an accident to the police?
Yes, you must report it. Under Section 52(2) of the Road Transport Act 1987, all road traffic accidents must be reported to the police within 24 hours. After reporting, the police will issue an accident report (Polis Report), which is the core basis for insurance claims, legal proceedings, and determining liability. Failure to report may result in insurance claim rejection or legal penalties.
2.Do I need to report a minor scratch or collision to the police?
Yes, even for a minor scratch, you must report it to the police within 24 hours. Malaysian law requires all road traffic accidents to be reported. The police will issue a report (Polis Report), which is a mandatory document for claiming from your insurance company. If you settle privately without reporting and the other party later changes their mind, you will have no legal protection.
3.What should I do if I have a minor accident in Malaysia?
After a minor accident in Malaysia, you should immediately: 1) Move your vehicle to a safe location and turn on hazard lights; 2) Report to the nearest police station within 24 hours; 3) Take photos of the scene, record the other party's license plate and contact details; 4) After obtaining the police report, contact your insurance company to file a claim. Never settle privately without reporting to avoid future disputes.
4.Do I need to report an accident to the police?
Yes, you must report it. Under Section 52(2) of the Road Transport Act 1987, all road traffic accidents must be reported to the police within 24 hours. After reporting, the police will issue an accident report (Polis Report), which is the core basis for insurance claims, legal proceedings, and determining liability. Failure to report may result in insurance claim rejection or legal penalties.
5.What happens if I don't report an accident to the police?
Failing to report an accident can lead to the following consequences: 1) You cannot obtain insurance compensation because insurance companies require a police report; 2) You may be fined up to RM400 (under Section 52 of the Road Transport Act); 3) If the accident involves injuries or deaths, not reporting may constitute a criminal offense with more severe penalties; 4) The other party may falsely accuse you, leading to you bearing unfair liability.
6.What are the consequences of a hit-and-run?
Hit and run is a serious criminal offense in Malaysia. Under Section 41(1) of the Road Transport Act 1987, if an accident causes injury or death to another person and you flee, you can face up to 10 years in prison and a fine of up to RM20,000; if it causes death, the maximum sentence is 10 years in prison. Additionally, your driving license will be revoked for at least 5 years, and insurance companies may refuse to pay claims.
7.Can I settle a minor scratch privately with the other party?
In Malaysia, settling a minor scratch privately is not legally encouraged and carries risks. Although both parties can negotiate compensation on their own, if you don't report to the police, insurance companies will not accept claims. If the other party changes their mind or injuries worsen after a private settlement, you may face legal disputes. It is recommended to report even minor accidents to the police first, then decide whether to settle privately to protect your rights.
8.What should I do if the other party backs out after a private settlement?
If the other party backs out after a private settlement, you may face difficulties because without a police report, you cannot claim through insurance. In this case, you can: 1) Try to gather evidence (such as settlement agreements, transfer records, chat logs) and report to the police; 2) Hire a lawyer to file a civil lawsuit to recover damages; 3) If the other party threatens or blackmails you, report to the police immediately. However, the safest approach is to report to the police first after an accident to avoid private settlement risks.
9.What should I do if the other party is at fault but refuses to pay?
If the other party is at fault but refuses to compensate, you can take the following steps: 1) Ensure you have reported to the police and hold the police report; 2) File a claim with your own insurance company (if you have comprehensive coverage, they will pay first and seek subrogation); 3) If the other party has no insurance or flees, you can apply for compensation from the Malaysian Motor Insurance Pool (PIDM); 4) Hire a lawyer to file a civil lawsuit to recover your losses.
10.What if the other party has no insurance?
If the other party has no insurance and the accident is their fault, you can: 1) Claim from your own insurance company (if you have comprehensive coverage, your insurer will handle it); 2) If you only have third-party coverage, you can file a claim with the Malaysian Motor Insurance Pool (PIDM), with a maximum payout of RM100,000 for bodily injury and RM20,000 for property damage; 3) Pursue compensation through a civil lawsuit against the other party.
11.Will my driving license be confiscated after an accident?
After an accident, the police have the authority to temporarily confiscate your driving license for investigation, especially in cases involving injuries, fatalities, or serious violations. For minor accidents with no injuries, the police typically do not confiscate the license. However, if you are found to be at fault and involved in a criminal offense (e.g., reckless driving), your license may be revoked. During the confiscation period, the police will issue a temporary driving permit allowing you to continue driving for a specified period.
12.Will I go to jail if the accident injures someone?
Whether you go to jail for causing injury in an accident depends on the cause and severity. If the injury results from negligence or reckless driving, under Section 43 of the Road Transport Act 1987, you may face up to 10 years' imprisonment and a fine not exceeding RM20,000. If it was a genuine accident without fault, no criminal liability arises. It is advisable to report to the police immediately, cooperate with the investigation, and consult a lawyer.
13.What is the sentence for reckless driving causing injury?
Under Section 43(1) of Malaysia's Road Transport Act 1987, reckless or dangerous driving causing injury to another person carries a maximum penalty of 10 years' imprisonment and a fine not exceeding RM20,000. Additionally, the driving license will be revoked for at least 5 years. The court will determine the sentence based on factors such as the severity of the accident and the driver's prior record.
14.What is the sentence for reckless driving causing death?
Under Section 41(1) of Malaysia's Road Transport Act 1987, reckless or dangerous driving causing death carries a maximum penalty of 10 years' imprisonment and a fine not exceeding RM20,000. If drink-driving or drug-driving is involved, the penalty is more severe, with up to 15 years' imprisonment. The driving license will be revoked for at least 10 years. The court will consider aggravating or mitigating circumstances when sentencing.
15.Do I need to call a tow truck after an accident?
If the vehicle is not safe to drive, it is recommended to call a tow truck. JPJ regulations in Malaysia require that accident vehicles blocking traffic or posing a safety hazard must be moved to a safe location. If the vehicle is still drivable, you can drive it yourself to the nearest police station or workshop. Tow services can be arranged through your insurance company's hotline, JPJ, or reputable tow companies recommended by the police. Avoid using unmarked roadside tow services to prevent being charged exorbitant fees.
16.Who pays for the tow truck fees?
Tow truck fees are typically borne by the vehicle owner unless you have purchased an insurance add-on that includes towing services. Malaysia's comprehensive car insurance generally does not include free towing and requires an additional purchase. If the accident is the other party's fault and they have insurance, you can claim tow fees from their insurance company, but you must keep the receipt and the tow company's documentation. It is advisable to contact your insurance company first to confirm if reimbursement is possible.
17.Do I need to go to the hospital after an accident?
Even if you feel fine, it is recommended to get a medical check-up. Some injuries, such as whiplash, may only manifest hours after the accident. If anyone is injured, call the emergency hotline 999 immediately. Keep the medical report when visiting the hospital, as it is important for subsequent insurance claims and police reports. If no one is injured, a hospital visit may not be necessary, but you must report the accident to the police within 24 hours.
18.Can I leave the scene after an accident?
No. Malaysian law requires vehicles involved in a traffic accident to remain at the scene, unless the vehicle severely blocks traffic and photos have been taken. Leaving the scene without authorization may be considered a hit-and-run, leading to license revocation, fines, or imprisonment. If you must move the vehicle, first take photos, record the other party's license plate and contact details, then move to a safe location and wait for the police to arrive.
19.What should I say when the police arrive?
Provide the police with an honest account of the accident, along with both parties' identification, driving licenses, road tax, and insurance information. Describe the time, location, weather, road conditions, and the collision sequence without speculating or admitting fault. The police will record the scene and draw a sketch. You may request the police report number for subsequent insurance claims. If there is a language barrier, ask for an interpreter or seek assistance from a friend.
20.Where to get the accident report?
The accident report (Laporan Polis) must be lodged at the police station within the jurisdiction of the incident location within 24 hours after the accident. Bring your IC, driving license, vehicle registration card, and insurance policy when reporting. The police will issue a report acknowledgment, and the official report typically takes 3-7 working days to complete. You can check the report status via JPJ or the police website, or collect it in person at the police station.
21.Do I need to give the accident report to the insurance company?
Yes. Insurance companies usually require the police accident report as a mandatory document when processing claims. The report must be lodged within 24 hours after the accident; otherwise, the insurer may reject the claim. When submitting a claim, attach the police report, accident photos, repair quotation, and a copy of the insurance policy. It's advisable to keep a copy of the report for yourself and submit the original to the insurer.
22.Who is at fault if I rear-end someone?
Rear-ending someone usually places full fault on you, as you failed to maintain a safe following distance or brake in time. JPJ regulations require the rear vehicle to keep sufficient distance from the front vehicle to avoid collision. If a rear-end collision occurs, you are liable for the other party's repair costs and your own repair costs (unless you have comprehensive coverage). Lodge a police report and notify your insurer; admitting fault in a claim may affect your premium.
23.How is fault determined in a crossroad collision?
Fault determination in a crossroad collision depends on traffic signals and right-of-way. If there are traffic lights, the party running the red light bears full fault. Without signals, the 'Give Way to Right' rule applies, and the party failing to yield to traffic from the right bears primary fault. If there are Stop or Give Way signs, the party ignoring them bears full fault. Police will assess fault based on on-site evidence and witness statements.
24.How is fault determined in a roundabout accident?
Malaysian roundabouts follow the 'traffic inside the roundabout has priority' rule, meaning vehicles entering must yield to those already circulating. If failure to yield causes a collision, the entering vehicle bears full fault. If a collision occurs due to changing lanes without signaling or checking, the lane-changer bears full fault. Police will determine fault based on dashcam footage or witness testimony; installing a dashcam is recommended to protect your rights.
25.Does a parking lot scrape count as an accident?
Yes. A parking lot scrape is a traffic accident, though it's usually considered a minor incident. If your vehicle is scraped in a parking lot, photograph the scene, the other party's plate number, and contact details. If the culprit cannot be found, request CCTV footage from the mall management. Such incidents typically involve no injuries, but you should still lodge a police report and notify your insurer, especially if the damage exceeds the deductible.
26.Do I need to report a parking lot accident to the police?
It's recommended. Although parking lot accidents are minor, lodging a police report provides official documentation for insurance claims. If the other party flees or there's a liability dispute, the police report is crucial. If both parties agree to settle privately with no injuries, you may skip the police, but sign a settlement agreement and keep evidence. If damage is severe or involves third-party property (e.g., hitting a pillar), reporting is mandatory.
27.What should I do if the other party flees?
If the other party flees the scene, immediately note their plate number, vehicle model, color, and escape direction, and photograph the scene. Call 999 to report, and lodge a police report within 24 hours. If you have a dashcam, save the footage as evidence. Notify your insurer and submit the police report. If the culprit cannot be found, you may have to cover repair costs yourself unless you have Uninsured Motorist Coverage.
28.Do I need to report an accident with only vehicle damage and no injuries?
Yes. Malaysian law requires that any traffic accident (including property-damage-only) be reported to the police within 24 hours. Even without injuries, the police report is a necessary document for insurance claims. If you don't report, the insurer may refuse compensation. For minor accidents where both parties agree to settle privately, you still need to lodge a report for record purposes to avoid future disputes. When reporting, state that there are no injuries and only vehicle damage.
29.How long after an accident must I report it to the police?
In Malaysia, you must report a traffic accident to the police within 24 hours. This is a mandatory requirement by JPJ and the police, regardless of the severity of the accident or who is at fault. You should report to the nearest police station or via the police hotline (e.g., 999) within 24 hours. Timely reporting helps the police record the scene, gather evidence, and provide necessary documentation for subsequent insurance claims.