A family member died in a road accident. What can the family claim?

Losing a family member in a road accident is devastating, and the financial effects can be serious if that person supported the household. This guide explains what the family can claim under Malaysian law, and the steps and deadlines that matter.

The dependency claim (section 7)

Where a death is caused by a wrongful act, neglect or default that would have entitled the deceased to sue had they survived, the person responsible is liable to an action for damages (Civil Law Act 1956, s.7(1)).

The action is for the benefit of the deceased's wife, husband, parent, child, and any person with disabilities under the deceased's care (s.7(2)). It is brought by the executor. If there is no executor, or the executor has not sued within six months of the death, the action may be brought by any of the persons for whose benefit it exists (s.7(8)).

What can be claimed?

Damages compensate the dependants for loss of support and reasonable expenses resulting from the death (s.7(3)), including:

• Loss of support: the financial support the deceased would have provided.
• Funeral expenses, if incurred by a dependant (s.7(3)(ii)).
• Bereavement: a fixed sum set by section 7(3A), which can be varied by gazette order, for the spouse, children and parents, divided equally among them (s.7(3B), (3C)).

How loss of earnings is assessed

Section 7(3)(iv) sets rules for future earnings used to calculate support, including:

• if the deceased was 60 or over, loss of earnings after death is not taken into account;
• otherwise, earnings count if the deceased was receiving earnings from work before death;
• only actual earnings are used, not prospects of increase;
• the deceased's living expenses are deducted; and
• a fixed multiplier: 16 years' purchase if aged 30 or below; for ages 31 to 59, 60 minus age, divided by 2.

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What is not deducted

In assessing damages, the court does not take into account sums paid on the death under insurance, EPF, any pension or gratuity, or benefits under any written law (s.7(3)(i)). So a life insurance payout does not reduce the dependency claim.

The estate's claim (section 8)

Separately, causes of action vested in the deceased survive for the benefit of the estate (s.8(1)). The estate can recover losses such as medical expenses before death and funeral expenses, but not bereavement, loss of expectation of life or loss of earnings after death (s.8(2)).

Time limit

Section 7(5) provides that not more than one action may be brought for the same subject matter, and that every such action must be brought within three years after the death. Take advice early on how this applies with other limitation provisions.

What should I do first?

1. Obtain the police report and any investigation outcome.
2. Apply for letters of administration or confirm the executor, so someone can sue.
3. Gather proof of earnings: payslips, tax returns, EPF statements, business records.
4. Keep receipts for funeral and medical costs.
5. Identify the other vehicle's insurer and give notice of proceedings in time.

Example

A 35-year-old father who earned a steady salary dies when a lorry runs a red light. His wife and two children are dependants. The lorry driver's insurer is notified. The claim covers loss of support using his earnings less living expenses and the statutory multiplier, the funeral costs, and the bereavement award shared by his wife, children and parents. His life insurance payout is not deducted.

Common mistakes

• Waiting too long to start, given the three-year provision in s.7(5).
• Not appointing an administrator.
• Lacking proof of the deceased's income.
• Assuming insurance payouts reduce the claim.

When to speak to a lawyer

Speak to a lawyer soon after a fatal accident, to secure evidence, appoint an administrator and meet the deadline. See our civil litigation page; you can also contact us.

Frequently asked questions

Can a parent claim for a child who died?

Parents are among the beneficiaries, and bereavement may be claimed. A claim for loss of support depends on proof of actual support.

What if the deceased was partly at fault?

Damages can be reduced for contributory negligence under section 12 of the Civil Law Act 1956.

Can we also claim from SOCSO?

If the death was a work or commuting accident, SOCSO benefits may apply, and are not deducted from the dependency claim (s.7(3)(i)(d)).

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. Civil Law Act 1956 (Act 67), including sections 7, 8, 12 and 28A, AGC Laws of Malaysia
2. Road Transport Act 1987 (Act 333), as amended by Act A1618 (2020), AGC Laws of Malaysia
3. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia
4. Office of the Chief Registrar, Federal Court of Malaysia (Judiciary portal)

Fact-checked on 17 Oct 2026