Accident & injury claims

Must I make a police report after a road accident, and by when?

Updated · Bahasa Malaysia · 中文

Key points

  • Stop, exchange details and help where needed (Road Transport Act 1987, s.52(1), (3)).
  • Each driver must report at the nearest police station within 24 hours (s.52(2)).
  • Bring your driving licence and, if required, your insurance certificate.
  • The report is key evidence for insurers and courts.
  • Keep the report accurate and keep a copy.

After a collision, people are shaken and often unsure what to do next. Some think a report is only needed if someone is hurt, or that the other driver's admission is enough. This guide explains what the law requires, and how the police report affects any later claim.

What the law requires

Section 52 of the Road Transport Act 1987 sets out the driver's duties when an accident occurs owing to the presence of a motor vehicle on a road:

  • Stop and, if required by any person with reasonable grounds, give your name and address, the owner's name and address, and the registration number (s.52(1)).
  • Report the accident at the nearest police station as soon as reasonably practicable and in any case within 24 hours, and produce your driving licence and, if required, the certificate of insurance (s.52(2)). Where more than one vehicle is involved, each driver must report.
  • Render assistance reasonably required by a police officer or, if none is present, such assistance as is reasonably in your power (s.52(3)).

The duty applies even if no one appears to be injured. Failing to comply with these duties can be an offence.

Why the report matters for a claim

The police report is usually the earliest written account of the accident. Insurers and courts often look at it to see:

  • the date, time and place;
  • the vehicles and drivers involved;
  • each driver's version of how it happened; and
  • whether anyone was injured.

The police may also prepare a sketch plan and take photographs, and may investigate whether any offence was committed. These materials can be important evidence later.

What to include

Give a clear, factual account:

  • the exact location, including road name, direction and nearby landmarks;
  • the time, weather and lighting;
  • your speed and lane, and what the other vehicle did;
  • injuries, even if they seem minor now; and
  • names and contacts of witnesses.

Avoid guessing. If you are unsure of something, say so. Read the report before signing and ask for corrections if it is wrong. Keep a copy.

If you are injured

If you are taken to hospital, report as soon as reasonably practicable after you are able to. Keep records showing why the report could not be made earlier, such as admission records.

What should I do first?

  1. Make the scene safe and call for help if anyone is hurt.
  2. Exchange details and photograph vehicles, plates, the road and any skid marks.
  3. Report at the nearest police station within 24 hours, with your licence and insurance certificate.
  4. Get a medical check and keep the records.
  5. Notify your insurer as required by your policy.

Example

Two cars collide at a junction. Both drivers agree to "settle privately" and do not report. A week later, one driver develops neck pain and the other's insurer refuses to deal with the claim without a police report. Late reporting creates doubts about how the accident happened and may also expose the drivers to an offence. A report within 24 hours would have avoided this.

Common mistakes

  • Not reporting because there were "no injuries".
  • Agreeing to settle privately without a written agreement or report.
  • Giving a vague or inaccurate account and signing without reading.
  • Not reporting injuries that appear later.

When to speak to a lawyer

Speak to a lawyer if you were injured, if liability is disputed, or if you may face a charge after the accident. See our civil litigation page; you can also contact us.

Frequently asked questions

Can I amend my police report later?

You can make a further report to correct or add information. Explain why the further report is being made.

Do I still need to report if the other driver admits fault?

Yes. The duty under section 52 applies regardless of who was at fault.

How long do I have to make a compensation claim?

Personal injury claims are generally subject to six years under section 6(1)(a) of the Limitation Act 1953; shorter periods can apply in some cases, so act early.

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

Fact-checked on 17 Oct 2026

Facing a similar situation? WhatsApp us a short summary. Please do not send confidential documents until we confirm we can act for you.

Ask on WhatsApp Contact

Related practice area: Civil litigation and debt recovery

Tell us what happened. We will explain your options.

Speak to us in English, Bahasa Malaysia or 中文. Please do not send confidential documents until we confirm we can act for you.