I was hit while walking or cycling. How do I claim against the driver?

Pedestrians and cyclists have no metal frame or airbags. When a car hits them, injuries are often serious. The good news is that the legal route is usually straightforward: a negligence claim against the driver, paid by the driver's insurer. The difficult part is usually evidence and arguments about contributory negligence.

Suing the driver

Every driver owes other road users, including people walking or cycling, a duty to take reasonable care. Common breaches include:

• failing to keep a proper lookout;
• speeding, particularly near schools and housing areas;
• not giving way at crossings or junctions;
• turning without checking for cyclists;
• opening a car door into a cyclist's path.

The driver's insurance covers you

Under section 91(1)(b) of the Road Transport Act 1987, a compulsory motor policy must insure against liability for the death of or bodily injury to any person caused by or arising out of the use of the vehicle on a road. As a pedestrian or cyclist outside the vehicle, you are a third party within that cover. In practice, the insurer handles the claim, and a judgment against the insured driver is generally payable by the insurer, subject to the conditions in section 96.

If the driver cannot be traced or had no insurance, see our article on hit-and-run and uninsured drivers.

Have a question about your own situation? Ask on WhatsApp

Evidence that matters

• CCTV from shops, homes and buildings nearby. Ask for it quickly; it is often overwritten within days.
• Dashcam footage from other vehicles.
• The police sketch plan, photographs and investigation result.
• Witnesses, including other pedestrians.
• Your bicycle, helmet and clothing, kept as they are.

Contributory negligence

The insurer may argue that you were partly to blame, for example:

• crossing away from a pedestrian crossing or against the signal;
• walking on the road where a footpath was available;
• cycling at night without lights or reflective gear;
• suddenly entering the road from between parked cars.

Under section 12(1) of the Civil Law Act 1956, this does not defeat the claim; it reduces damages to the extent the court thinks just and equitable. The defendant must prove it. Drivers are expected to anticipate that pedestrians, especially children and elderly people, may make mistakes.

Damages

For a non-fatal injury, damages are assessed under the common law and section 28A of the Civil Law Act 1956. You can claim for pain and suffering, medical costs, loss of earnings and future care. Sums paid under insurance policies or written laws in respect of the injury are not taken into account (s.28A(1)).

What should I do first?

1. Get medical treatment immediately, even if you feel fine.
2. Lodge a police report and note the vehicle number.
3. Ask nearby premises for CCTV within the first few days.
4. Photograph the scene, including crossings, lighting and road markings.
5. Keep your damaged bicycle and helmet.

Example

A cyclist riding along the left edge of a road is hit when a car turns left across his path. The driver says the cyclist "came from nowhere". CCTV from a nearby shop shows the cyclist was visible for several seconds and had lights on. The insurer accepts liability, and the claim proceeds on the value of his injuries.

Common mistakes

• Waiting too long to request CCTV.
• Repairing or discarding the bicycle.
• Accepting the driver's version in a joint statement.
• Not seeing a doctor because the injury "looked minor".

When to speak to a lawyer

Speak to a lawyer if you were injured as a pedestrian or cyclist, especially if the driver disputes fault. See our civil litigation page; you can also contact us.

Frequently asked questions

My child ran onto the road. Can the family still claim?

Possibly. Courts assess a child's conduct by reference to what can be expected of a child of that age, and drivers must take extra care near children. Take advice.

I was cycling on a highway. Does that matter?

It may be relevant to contributory negligence. The facts and the rules for that road will be considered.

How long do I have to claim?

Personal injury claims are 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. 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 18 Oct 2026