It was a hit-and-run, or the other driver had no insurance. Can I still claim?

The other vehicle drove off. Or it stopped, but the driver had no insurance and no money. You are injured and facing medical bills. This guide explains who you may be able to claim from, and what to do immediately.

Report at once

A driver involved in an accident must stop, give details if reasonably required, and report to the nearest police station within 24 hours (Road Transport Act 1987, s.52). A driver who leaves the scene without doing so may commit an offence.

For you, an early police report is critical. In a hit-and-run, the police investigation is usually the main way to identify the vehicle and driver. Give:

• any part of the registration number, colour, make and model;
• the direction the vehicle went;
• witness details; and
• locations of CCTV or dashcams nearby.

Act quickly. CCTV is often overwritten within days.

If the driver is found but uninsured

It is unlawful to use, or permit another to use, a motor vehicle without a policy covering third-party risks (s.90(1)), and doing so is an offence (s.90(2)).

You can still sue the driver personally in negligence. You may also have a claim against the owner if the owner was vicariously liable, for example where the driver was the owner's employee or agent. The practical question is whether they can pay a judgment.

Have a question about your own situation? Ask on WhatsApp

Industry arrangement for uninsured or untraced drivers

Motor insurers in Malaysia operate an arrangement to compensate some victims injured or killed by uninsured or, in some cases, untraced drivers. It is not set out in the Road Transport Act, and it has its own eligibility conditions, limits and deadlines, including reporting requirements. Ask early, because conditions often require prompt police reports and notice.

Other sources of compensation

• Your own policy: some policies include personal accident cover or other benefits.
• SOCSO (PERKESO): if the accident happened while working or commuting for work, SOCSO benefits under the Employees' Social Security Act 1969 may apply.
• Personal insurance: medical and personal accident policies.
• Employer: if the vehicle belonged to a company, the company may be liable.

Evidence to gather

• The police report and investigation reference.
• Medical records from the first visit onward.
• Photos of your injuries, vehicle and scene.
• Witness statements and any footage.
• Receipts for treatment, transport and lost earnings.

What should I do first?

1. Get medical treatment and keep all records.
2. Report to the police as soon as you are able, with all vehicle details you have.
3. Ask nearby premises to preserve CCTV, and note dashcam owners.
4. Notify your insurer and check for personal accident cover.
5. Check SOCSO eligibility if work-related.

Example

A pedestrian is struck at night and the car drives off. A shop's CCTV captures part of the number plate. The police trace the car to a driver whose insurance had lapsed. The pedestrian sues the driver, and separately checks her eligibility under the insurers' arrangement for uninsured drivers, with the police report and medical records.

Common mistakes

• Delaying the police report until after hospital discharge without explanation.
• Not asking for CCTV quickly.
• Assuming there is no remedy because the driver has no insurance.
• Missing the deadlines of the industry arrangement.

When to speak to a lawyer

Speak to a lawyer early after a hit-and-run or an accident with an uninsured driver, because evidence and deadlines matter. See our civil litigation page; you can also contact us.

Frequently asked questions

Can I claim if the driver is never found?

It depends on whether any arrangement or policy covers untraced drivers in your circumstances. Take advice with your police report.

Does the uninsured driver go to jail?

Using a vehicle without insurance is an offence under s.90, with penalties and disqualification; the decision to charge is for the prosecution.

How long do I have to sue?

Personal injury claims are generally subject to six years under section 6(1)(a) of the Limitation Act 1953, but other schemes may have shorter deadlines.

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. Royal Malaysia Police (PDRM): how to make a police report, including road accident reports under section 52 of the Road Transport Act 1987
3. Employees' Social Security Act 1969 (Act 4), AGC Laws of Malaysia
4. Social Security Organisation (PERKESO / SOCSO), official portal
5. Bank Negara Malaysia: Insurance and takaful (consumer information, complaints and the financial ombudsman scheme)
6. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia

Fact-checked on 17 Oct 2026