My car was damaged but nobody was hurt. Do I claim from my insurer or the other driver's?

A minor collision leaves your car dented and the other driver clearly at fault. No one is hurt. Do you go to your own insurer, or chase the other driver's? This guide explains the options and what to do if the claim is refused.

Route 1: your own policy (own damage)

If you have a comprehensive policy, it may cover damage to your own car regardless of fault, subject to its terms. Points to check:

• the excess or deductible you must bear;
• the effect on your no-claim discount;
• approved workshops and claim deadlines; and
• whether your insurer can later recover from the at-fault driver's insurer.

Insurers often process own-damage claims faster, because they deal with you directly.

Route 2: the other driver (third-party property damage)

If the other driver was negligent, you can claim the cost of repairs and related losses from them. Their insurer may deal with the claim if their policy covers third-party property damage. You will usually need:

• the police report for each driver and any police findings;
• photos of the scene and damage;
• repair estimates or invoices and an adjuster's report; and
• evidence of other losses, such as alternative transport.

What compulsory insurance covers

The Road Transport Act 1987 makes it unlawful to use a motor vehicle without insurance against third-party risks (s.90). The compulsory policy must cover liability for death or bodily injury to persons caused by the use of the vehicle on a road (s.91(1)(b)). Property damage is not part of that statutory minimum, so whether the other driver's insurer pays for your car depends on their policy terms.

Have a question about your own situation? Ask on WhatsApp

If the insurer refuses or under-pays

• Ask for the reasons in writing and the adjuster's report.
• Use the insurer's internal complaints process.
• Bank Negara Malaysia publishes information on insurance complaints and the financial ombudsman scheme for eligible disputes.
• Alternatively, sue the at-fault driver in negligence. Depending on the amount, the claim may be heard in the Magistrates' or Sessions Court.

Proving fault

Fault is decided on the evidence, not on what was said at the scene. Dashcam footage, witness details and photos of vehicle positions are often decisive. If both drivers were partly at fault, damages may be reduced under section 12 of the Civil Law Act 1956.

What should I do first?

1. Report at the nearest police station within 24 hours (RTA s.52).
2. Photograph both cars, plates and the road layout, and save dashcam footage.
3. Notify your insurer promptly, as most policies require.
4. Get a repair estimate and keep all receipts.
5. Ask the other driver for insurance details; they must state whether they are insured in respect of liabilities required to be covered (s.98).

Example

A car is rear-ended at a traffic light. The owner claims under her comprehensive policy to get the car repaired quickly. Her insurer pays, less the excess, and pursues the other driver's insurer. She separately claims the excess and her car rental costs from the at-fault driver, with the police report and dashcam footage.

Common mistakes

• Agreeing to a cash settlement at the scene without anything in writing.
• Delaying notice to your insurer beyond the policy deadline.
• Repairing the car before the adjuster inspects it.
• Assuming compulsory insurance always covers property damage.

When to speak to a lawyer

Speak to a lawyer if liability is disputed, the insurer refuses the claim, or the losses are significant. See our civil litigation page; you can also contact us.

Frequently asked questions

Can I claim loss of use while my car is being repaired?

Reasonable costs of alternative transport may be recoverable from the at-fault driver if proved. Keep receipts.

What if the other driver refuses to give insurance details?

Section 98 of the Road Transport Act 1987 requires a person against whom a claim is made to state whether they were insured. The police report should also record the vehicle details.

How long do I have to sue?

A claim in negligence is generally subject to six years under section 6(1)(a) of the Limitation Act 1953.

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. Road Transport Act 1987 (Act 333), as amended by Act A1618 (2020), AGC Laws of Malaysia
2. Civil Law Act 1956 (Act 67), including sections 7, 8, 12 and 28A, AGC Laws of Malaysia
3. Bank Negara Malaysia: Insurance and takaful (consumer information, complaints and the financial ombudsman scheme)
4. Limitation Act 1953 (Act 254), including section 6, 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 17 Oct 2026