The accident involved a government vehicle or authority. Is the time limit shorter?

You were hit by a government lorry, an ambulance, a council truck or a police vehicle. Or the accident was caused by a road condition that a public authority was responsible for. Many people assume they have six years to sue, as in most personal injury claims. Where a public authority is involved, the deadline can be shorter.

The 36-month rule

Section 2 of the Public Authorities Protection Act 1948 applies where a suit is brought against any person for an act done in pursuance or execution, or intended execution, of any written law or public duty or authority, or for neglect or default in carrying it out.

Under section 2(a), such a suit must be commenced within 36 months after the act, neglect or default complained of. Where there is a continuing injury or damage, it is 36 months after it ceases.

Compare this with the ordinary rule: actions founded on tort, including personal injury claims, generally must be brought within six years from the date the cause of action accrued (Limitation Act 1953, s.6(1)(a)).

Does it apply to my case?

Whether the Act applies depends on the facts. It is usually raised where:

• the vehicle was driven by a public officer on official duty;
• the defendant is a government department, local council or statutory body;
• the claim concerns a public body's neglect in maintaining a road or facility.

Courts have discussed the limits of this protection, for example whether the act was really done in execution of a public duty. Because the answer can be disputed, the safe course is to treat 36 months as your deadline whenever a public body or officer may be a defendant.

The Government can rely on the limit

Under the Government Proceedings Act 1956, the Government is liable in tort for wrongs committed by public officers in the same way as a private principal is liable for its agent (s.5), and it may rely on any written law on the limitation of actions against public authorities as a defence (s.38).

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Who is the defendant?

• Claims against the Federal Government are instituted against the Government of Malaysia (GPA 1956, s.21(1)).
• Claims against a State Government are brought against the Government of that State (s.22(1)).
• A local council or statutory body is usually sued in its own name.
• The driver may also be named.

Getting the defendant wrong wastes time, which matters when the period is short.

Insurance

Government vehicles must still comply with the compulsory third-party insurance rules unless an exemption applies under the Road Transport Act 1987. In practice, find out early whether the claim will be handled by an insurer or by the Government directly.

What should I do first?

1. Lodge a police report within 24 hours (Road Transport Act 1987, s.52).
2. Record the vehicle number, department name and the driver's details.
3. Photograph the scene, including any road defect.
4. Note the date: count 36 months from the accident, not six years.
5. Seek advice early so there is time to obtain records and file.

Example

A rider is injured when a council lorry reverses out of a lane without warning. She waits two and a half years while negotiating informally, believing she has six years. Her lawyer advises that the council may rely on the Public Authorities Protection Act, and files the writ before the 36-month mark. Had she waited longer, the claim could have been struck out as time-barred.

Common mistakes

• Assuming the six-year rule applies to every road accident.
• Spending months in informal negotiation without filing.
• Suing the wrong party, such as the department instead of the Government.
• Not finding out whether the driver was on official duty.

When to speak to a lawyer

Speak to a lawyer as soon as possible if a government vehicle, council or other public body was involved. See our civil litigation page; you can also contact us.

Frequently asked questions

Does the shorter limit apply to an off-duty government driver?

It may not, because the Act concerns acts done in execution of a public duty. But this is often disputed, so do not rely on it without advice.

Can the court extend the 36 months?

The Act itself does not give a general power to extend. Some extensions in the Limitation Act, such as for disability, may be argued, but take advice early.

Do I still need a police report?

Yes. The 24-hour reporting duty in the Road Transport Act 1987 applies to all road accidents.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Public Authorities Protection Act 1948 (Act 198), AGC Laws of Malaysia
2. Government Proceedings Act 1956 (Act 359), AGC Laws of Malaysia
3. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia
4. Road Transport Act 1987 (Act 333), as amended by Act A1618 (2020), AGC Laws of Malaysia
5. Royal Malaysia Police (PDRM): how to make a police report, including road accident reports under section 52 of the Road Transport Act 1987

Fact-checked on 18 Oct 2026