Car accident claim Malaysia is a phrase most of us only look up while standing at the roadside next to a cracked bumper. Alamak — who do I call first, the police or the insurance?
The order matters. Malaysian law puts a hard clock on one step only, and most of what goes wrong later — a rejected claim, a lost No Claims Discount, a car stuck in a workshop — traces back to the first day. Everything below is what the Road Transport Act, PDRM and Bank Negara actually say, sourced at the bottom.
Quick Answer: Stop, do not admit fault, report at any police station within 24 hours, then tell your own insurer.
- The deadline: 24 hours to report at the nearest police station, under section 52(2) of the Road Transport Act 1987.
- The cost: Form Pol. 55 is free; a certified copy of the report, a minimum of RM2.00.
- The route that protects your NCD: Own Damage Knock-for-Knock, if the other party was at fault.
Table of Contents
First 24 hoursPolice reportWhich claimThe first 24 hours: three legal duties, one checklist
Sections 52 and 104 of the Road Transport Act 1987 put three duties on a driver. Most people know only the second.
- Stop and identify yourself. Section 52(1): the driver shall stop and, if asked by anyone with reasonable grounds, give his name and address, the owner’s name and address, and the vehicle registration number.
- Report within 24 hours. Section 52(2): every driver involved shall report the accident at the nearest police station “as soon as reasonably practicable and in any case within twenty-four hours”, producing the driving licence and, if asked, the certificate of insurance.
- Tell your insurer. Section 104 makes it the insured’s duty to notify the insurer “as soon as possible” of any event that may give rise to a claim. PDRM repeats this in its own accident guidance — every case, serious or not.
Failing to comply with section 52 is an offence. One mercy is built in: under section 52(5) you are not convicted merely for turning up without your licence or insurance certificate, so long as you produce them in person within five days at the station you named. How the KEJARA demerit system works is covered separately.
At the scene: Bank Negara’s own checklist
- If it is minor, move the car somewhere safe; if it cannot move, move yourself somewhere safe.
- Avoid arguments. Write down the registration number of every vehicle involved.
- Get the other driver’s name and contact number, the name of any witness, and the details of anyone injured.
- Do not let a non-panel workshop tow your car away — call your insurer’s panel workshop.
- Do not admit liability and do not offer to settle. Refer them to your insurer if they want to claim against you.
The tow-truck line costs real money: a truck that turns up unasked within minutes is not there to help you. See this site’s guide to what to do once the car has actually been taken. Emergencies, call 999; PDRM’s control centre is 03-2266 3333 or 03-2031 9999.
The police report: where, what it costs, and why online rarely works
PDRM states that a report can be lodged at any police station even if the incident happened outside that station’s area — traffic cases included. Use the one nearest to you.
- The form: Pol. 55, free at the enquiry counter. Write in ink, in Malay or English only — no other language is accepted.
- What goes in it: date, time and place (landmarks are fine); every party, with the registration number, type and colour of each vehicle; casualties and damage to vehicles or public property; and what you personally saw. PDRM’s instruction is blunt — Jangan sama sekali membuat andaian: never make assumptions.
- The copy: you are entitled to one certified by the District Police Chief for a minimum fee of RM2.00, bought immediately after lodging or within three days of the report date. Photos, the rough sketch and statement copies depend on the investigation.
The report runs in three stages: you lodge it, police investigate and inspect the vehicles, then the documents are prepared. Where the vehicles are small, nobody is hurt and the damage is minor, the officer may classify the case “RTI — Refer To Insurance”. That is the outcome you want: you pursue a civil claim through the insurers.
Online reporting exists, but it screens accidents out
PDRM e-Reporting does list road accidents — then it screens you. The declaration you tick is for an accident that does not involve a third party, and the form asks whether there was injury or death, whether a third party or public property was involved, who owns the vehicle, and whether it is used for e-hailing or commercial purposes. Fail the screen and it sends you to the nearest police station.
So a single-car, no-injury, private, non-commercial scrape may go through online; a normal two-car kena langgar does not. Payment for the report copy and photos goes through MyBayar, and an endorsed report still needs a signature at the station.
Which claim to file: OD, third party, or knock-for-knock
Act cover is the statutory minimum, Third Party is the least anyone actually sells, Third Party Fire and Theft adds your own car for fire and theft, and Comprehensive adds accidental damage. With comprehensive cover and someone else at fault, claiming through your own insurer as Own Damage Knock-for-Knock is faster and leaves your No Claims Discount untouched, while claiming against the other driver’s insurer as third-party property damage carries no excess but takes longer. The conditions attached to each route, the timelines, and what to do if a claim is rejected are in this site’s full guide to filing a car insurance claim.
The timelines your insurer has to meet
Regulated maximums per step, not an end-to-end promise — but the number lets you ask a specific question instead of a vague one.
| Step | Deadline (motor claims) |
|---|---|
| Register the claim and acknowledge it in writing | 3 working days |
| Adjuster or in-house assessor completes the assessment | 10 working days |
| Second inspection for a supplementary claim | 5 working days |
| Status update if the investigation is still running | 21 working days |
| Approval, offer or rejection letter after the final report | 5 working days |
| Full payment after you accept the offer | 7 working days |
| Panel workshop completes the repair after estimates are approved (own damage claims) | 15 working days |
One clause is worth its weight in gold: for own damage claims, if the insurer misses those inspection deadlines it must let you appoint your own registered adjuster at the insurer’s expense. The offer letter must also be itemised — parts, labour, and how betterment, CART, the average clause and salvage were applied.
Excess, betterment, CART and your NCD
Excess is the first slice you pay yourself. Betterment is your share when an old part is replaced with a brand-new original one, on a scale by vehicle age. CART, Compensation for Assessed Repair Time, is what the at-fault insurer pays for you being without a car.
| Vehicle age | Betterment you pay | Private car engine size | Minimum CART per day |
|---|---|---|---|
| Under 5 years | 0% | Up to 1500 cc | RM50 |
| 5 years | 15% | Above 1500 cc to 2000 cc | RM65 |
| 6 years | 20% | Above 2000 cc | RM85 |
| 7 years | 25% | Motorcycle up to 250 cc | RM15 |
| 8 years | 30% | Motorcycle above 250 cc | RM25 |
| 9 years | 35% | Taxi / hire and drive | RM40 |
| Over 10 years | 40% | — | — |
The CART figures are a floor, not a cap: keep receipts for public transport, e-hailing or a rental and the insurer pays what the receipts say instead. A “waiver of betterment” add-on, or second-hand parts where available, removes the betterment charge.
The full NCD scale, how to check it at MyCarInfo, and the windscreen-claim and chain-collision traps that quietly reset it to 0% are in this site’s guide to car insurance claims and your NCD.
When the offer is too low, or the claim is rejected
Complain to the insurer first and get the final decision in writing — that letter starts the clock for everything after it.
- FMOS — the Financial Markets Ombudsman Service, formed by merging the former Ombudsman for Financial Services and SIDREC. Free for consumers. It takes disputes with direct financial losses not exceeding RM250,000, expressly including motor and third-party property damage, and you must refer within 6 months of the member’s final decision. It cannot handle third-party bodily injury or death, or a dispute already in court.
- BNMLINK — Bank Negara’s contact centre, 1-300-88-5465, Monday to Friday 9am to 5pm, with an e-LINK online form.
If anyone was injured or killed this stops being a form-filling exercise: that route sits outside the ombudsman’s scope and belongs with a lawyer, early.
Walaoeh Verdict
Four things win most of the fight before the paperwork starts. Photograph everything including the other plate. Say nothing about fault. Lodge the report within 24 hours and buy the certified copy for a minimum of RM2.00 within three days. Then call your insurer and ask, in these words, for an Own Damage Knock-for-Knock claim.
The thing worth arguing about is betterment on an older car: over 10 years old you carry 40% of every new original part, which on a bonnet and two doors is not small change. Ask for second-hand parts, or add a waiver of betterment at renewal. And keep receipts for the days without the car — they beat the RM50 to RM85 daily minimum almost every time.
Before you ever need this: insure the car for at least 90% of market value, or the average clause cuts your payout. And a dashcam pays for itself the first time fault is disputed — 👉 Best Dashcam Malaysia 2026.
Frequently Asked Questions
What if I only realise the damage the next day?
Section 52(2) says as soon as reasonably practicable and in any case within twenty-four hours. Go and lodge it as soon as you know, and say plainly in the report when you discovered the damage. Late reporting without a good reason is an offence under the Act, and it also gives the other side’s insurer an easy reason to argue about the facts.
Can I report a road accident online instead of queuing?
Only in a narrow case. PDRM e-Reporting screens accident reports and will refuse the ones that involve injury or death, a third party or public property, a non-private vehicle, or an e-hailing or commercial vehicle. If the screen rejects you, the system tells you to go to the nearest police station. There is also a reminder that if the other party needs an endorsed report, you still need a signature from the station.
Will claiming from my own insurer kill my NCD?
Not if it goes in as an Own Damage Knock-for-Knock (OD KfK) claim and you are found not at fault. Bank Negara requires your insurer to offer you that option, explain that your NCD will not be affected, and advise you on the benefit of it. If it is an ordinary own damage claim where you are at fault, your NCD resets.
The other driver refuses to lodge a police report. Am I stuck?
No. Bank Negara’s policy document says the at-fault party’s insurer must not ask you for documents you cannot obtain, such as their insured’s police report, and must not reject a third-party property damage claim solely because their own policyholder never reported it. Where their report is missing, you supply a statutory declaration instead.
How long do I have to lodge the claim before the insurer can say I am too late?
Where the at-fault driver never reported it to their own insurer, Bank Negara’s guidance is that the third-party claim should be filed within 14 working days from the date of the accident, and that any delay is to be considered on the merits of the case. Treat 14 working days as the number to beat, not as a wall.
Sources
Every figure above comes from one of these, all checked on 9 September 2026.
- Laws of Malaysia, Act 333 — Road Transport Act 1987, sections 52 and 104. Official reprint text as at 1 February 2013.
- PDRM — Cara Membuat Repot Polis. Where to lodge, Pol. 55, the RM2.00 certified copy, the three stages, the RTI classification.
- PDRM — e-Reporting portal and its Panduan. Online eligibility screen and MyBayar step.
- Bank Negara Malaysia — Claims Settlement Practices (BNM/RH/PD 029-69), issued 1 July 2024. Step timelines, OD KfK, CART scale, chain collisions.
- InsuranceInfo (Bank Negara consumer portal) — What to do in an event of an accident, Motor Insurance, buying it. Cover types, RM3 million limit, excess, betterment, the 90% rule.
- PIAM — NCD transfer guide. The 25% to 55% private car scale and the windscreen trap.
- ISM Insurance Services Malaysia Berhad — NCD check.
- Financial Markets Ombudsman Service — Our Scope. The RM250,000 limit and the 6-month window. Note that ofs.org.my now redirects here.
- Bank Negara Malaysia — Contact Us. BNMLINK number and hours.
About this guide. Written by an independent Malaysian and re-checked against official sources on a schedule. It is general information, not legal, tax, financial or medical advice — rules, fees and thresholds in Malaysia change, sometimes without notice. Where a decision affects your money or your rights, confirm with the official agency or a licensed professional before acting.