I was injured as a passenger in a car, e-hailing car or bus. Who do I claim against?

You were in the back seat of a friend's car, an e-hailing ride or an express bus when it crashed. You were not driving, so you may wonder who you can claim against. This guide explains the possible defendants and how insurance applies.

Who caused the accident?

A passenger's claim is a negligence claim against whoever caused the accident:

• the driver of your vehicle, if they were speeding, distracted or drove carelessly;
• the driver of another vehicle, if they caused the collision; or
• both, if each contributed.

You do not have to decide alone. Claims are often brought against both drivers, and the court apportions responsibility between them. Your damages are not reduced because two defendants share the blame.

Owners and operators

A driver's employer or principal may be vicariously liable for negligence committed in the course of employment or the principal's business. For buses and company vehicles, the operator is often a defendant. For e-hailing, whether the platform company is liable depends on the relationship and the facts, so take advice; the driver and the driver's insurer remain the starting point.

What insurance must cover for passengers

Under the Road Transport Act 1987, a 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)). But it is not required to cover passengers carried in the vehicle, except in the case of a vehicle in which passengers are carried for hire or reward, or under a contract of employment (s.91(1)(bb)).

In practice:

• E-hailing cars, taxis and buses carry passengers for hire or reward, so passenger injury should fall within compulsory cover.
• In an ordinary private car, whether passengers are covered depends on the policy terms. Many policies do include passenger cover, but check.
• If the other vehicle was at fault, its policy covers third parties outside that vehicle, which includes you as a passenger in another car.

Have a question about your own situation? Ask on WhatsApp

Seat belts and contributory negligence

If you were not wearing a seat belt and that made your injuries worse, damages may be reduced to reflect your share of responsibility (Civil Law Act 1956, s.12(1)). The court records the full damages and then applies the reduction (s.12(2)). The reduction is only for the extra harm the seat belt would have prevented, which is a matter of evidence.

Evidence

• The police report and the drivers' reports.
• Your booking record, ticket or receipt as proof you were a passenger.
• Medical records and specialist reports.
• Names of other passengers as witnesses.

What should I do first?

1. Get medical treatment and keep all records.
2. Lodge a police report as a passenger, even if the drivers have reported.
3. Keep proof of the trip: app record, ticket or messages.
4. Note the vehicles' registration numbers and the operator's name.
5. Do not sign releases offered by an operator or insurer without advice.

Example

An express bus swerves to avoid a car that cuts in, and overturns. A passenger suffers a fractured wrist. Her lawyer sues the bus operator and the car driver. The bus carried passengers for hire, so passenger cover is compulsory under the bus's policy, and the car's insurer covers third parties. The court apportions fault between the two drivers.

Common mistakes

• Not suing because "the driver was a friend". The claim is usually met by the insurer.
• Not lodging your own police report.
• Losing proof of the booking or ticket.
• Accepting a quick payment and signing a full discharge.

When to speak to a lawyer

Speak to a lawyer if you were injured as a passenger, particularly where more than one vehicle or an operator is involved. See our civil litigation page; you can also contact us.

Frequently asked questions

Will suing my friend hurt them financially?

Usually the claim is handled by the driver's insurer if the policy covers it. Take advice on the policy position first.

Can a child passenger claim?

Yes. A claim is usually brought through a parent or guardian as litigation representative.

How long do I have?

Personal injury claims are generally subject to six years under section 6(1)(a) of the Limitation Act 1953; claims against public bodies may have shorter periods.

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. Limitation Act 1953 (Act 254), including section 6, AGC Laws of Malaysia
4. 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