In Malaysia, where vehicle insurance is compulsory, encountering accidents involving uninsured cars is not uncommon. When faced with such a situation, knowing your options and taking the right steps is essential. Let’s delve into what you can do if you’re involved in an accident with an uninsured car in Malaysia, exploring avenues for claiming damages, steps to make a claim, the potential impact on your No Claim Discount (NCD), and valuable tips and suggestions from industry experts.
Can I Claim the Damages?
When involved in an accident with an uninsured car in Malaysia, you still have options for claiming damages. Here are the 3 options you may consider:
- Own Damage (OD) Claim
Under this option, you can file a claim with your insurance provider to cover the damages to your vehicle. Your first-party insurance coverage will take care of the repairs, regardless of who caused the accident. - Civil Suit
If the uninsured driver is at fault and refuses to compensate you for damages, you have the option to file a civil suit against them. While this process may involve time and expenses, it provides a legal recourse to seek compensation. - Motor Insurers’ Bureau of Malaysia (MIB)
If the other party involved in the accident is uninsured or cannot be identified (e.g., hit-and-run cases), you can make a claim through the MIB. The MIB provides compensation to injured road accident victims when the other motor vehicle has no insurance coverage.
Steps to Make Claim under Own Damage (OD) Claim:
- Document the Accident
Collect evidence at the accident scene, including photographs of the vehicles involved and any visible damages. - File a Police Report
Report the accident to the authorities within 24 hours to create an official record of the incident. - Contact Your Insurance Provider
Inform your insurance company about the accident and initiate the claims process. Provide them with all relevant details and documentation, including the police report and photographs. - Assess and Repair Damages
Once your claim is processed, your insurance provider will assess the damages and arrange for repairs to your vehicle at an accredited repair center.
Steps to Make Claim under Civil Suit
- Consult Legal Advice
Seek guidance from a legal professional specializing in motor vehicle accidents. They can advise you on the legal options available and assist you in filing a civil suit against the uninsured driver. - Gather Evidence
Collect evidence to support your case, including eyewitness testimonies, photographs of the accident scene, and any relevant documentation. - File a Lawsuit
With the assistance of your legal representative, file a civil suit against the uninsured driver to claim compensation for damages incurred during the accident. - Attend Legal Proceedings
Participate in legal proceedings as required, including court hearings and mediation sessions, to pursue a favorable outcome in your case.
Steps to Make Claim under Motor Insurers’ Bureau of Malaysia (MIB)
- Submit Your Claim
You can submit your claim directly to the MIB or appoint a lawyer to do so on your behalf. - Provide Necessary Documentation
Prepare the required documents, including a cover letter describing the accident, your intent to claim, and relevant police reports and medical records. - Identify the Motor Vehicle
Provide details of the motor vehicle that caused the accident, including its license plate number. - Submit Your Claim
Send the completed documents to the MIB for review and processing.
Here are some key points to remember when submitting a claim to the Motor Insurers’ Bureau of Malaysia (MIB):
- Ensure you submit your claim within 3 years from the date of the accident.
- If you decide to hire a lawyer and proceed with a lawsuit, your lawyer must inform the MIB within 30 days of filing the lawsuit.
- The MIB only covers injuries resulting from the accident. Any damage to your vehicle will not be compensated.
- Keep in mind that any compensation provided by the MIB is at their discretion and may not fully match what you would receive from a third-party insurance policy. Nonetheless, receiving some compensation is better than none.
- When submitting a claim directly to the MIB, you’ll need to provide supporting documents such as a cover letter detailing the accident, police reports for both yourself and the third party involved, and your medical report. Ensure you have these documents ready before submitting your claim.
If you ever find yourself needing to make a claim to the MIB, feel free to send your claim directly to their office located at
Motor Insurers’ Bureau of West Malaysia*
Wisma Piam
No. 150-3, 3rd Floor, Jalan Tun Sambathan, Brickfields, 50782, Kuala Lumpur
Phone: 0322747395
Fax: 0322745910
* This is applicable to accidents that take place in Sabah and Sarawak too.
For further details and the complete process for submitting a claim to the MIB, refer to their website.
Will I Lose No Claim Discount (NCD)?
The impact on your No Claim Discount (NCD) may vary depending on your insurance policy. While some insurers may reduce your NCD for making a claim involving an uninsured driver, others offer protection for your NCD in such situations. Review your policy carefully to understand the implications and consider opting for NCD protection if available.
Tips and Suggestions:
- Prioritize Safety: Ensure the safety of all parties involved in the accident and seek medical attention for any injuries.
- Stay Calm and Collected: Remain calm and composed during the aftermath of the accident, focusing on gathering necessary information and following the proper procedures.
- Know Your Rights: Familiarize yourself with your rights as a driver and the options available for seeking compensation. Seek assistance from legal professionals if needed.
- Review Your Insurance Policy: Regularly review your insurance policy to ensure it provides adequate coverage, including protection against uninsured drivers. Consider upgrading your policy for added peace of mind.
While dealing with an accident involving an uninsured car in Malaysia can be challenging, it’s important to know that you have options for seeking compensation. By understanding your rights, following the correct procedures, and seeking assistance when needed, you can navigate through the aftermath of the accident effectively. Prioritize safety, gather evidence, and seek support from relevant authorities and legal professionals to protect yourself and your rights on the road.