After a road accident

At the scene

The driver must stop and, if anyone with reasonable grounds asks, give their name and address, the name and address of the vehicle's owner, and the vehicle's registration number.

Road Transport Act s 52(1)

The driver must give the assistance a police officer reasonably requires or, if there is no police officer, the assistance it is reasonably in the driver's power to give.

Road Transport Act s 52(3)

Reporting to the police

When reporting, the driver must show their driving licence to the officer in charge of the police station and, if asked, the certificate of insurance.

Road Transport Act s 52(2)

Failing to comply is an offence. A driver is not convicted only for failing to show the licence or certificate if they show it in person within 5 days after the accident at the police station they named when reporting it.

Road Transport Act s 52(5)

Insurance

A policy meets the Act's requirements only if an authorised insurer issued it and it covers 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.

Road Transport Act s 91(1)

The policy does not have to cover passengers, unless passengers are carried for hire or reward or under a contract of employment. It also does not have to cover the death of, or bodily injury to, a person employed by the insured arising out of and in the course of that employment, or any contractual liability.

Road Transport Act s 91(1)

Using a vehicle without that insurance is an offence punishable by a fine of up to RM1,000, imprisonment of up to 3 months, or both. Unless the court for special reasons orders otherwise, the person convicted is also disqualified from holding or getting a driving licence for 12 months.

Road Transport Act s 90(2)

Claiming for death or injury

Subject to the exceptions in the same section, once a certificate of insurance has been delivered for the policy, if a court gives you judgment against a person insured by it, for a liability the policy must cover and does cover, the insurer must pay you the sum due, with costs and interest, even if it is entitled to avoid or cancel the policy.

Road Transport Act s 96(1)

The insurer does not have to pay unless it had notice of the court proceedings before, or within 7 days after, they started.

Road Transport Act s 96(2)(a)

Subject to the limits in the Act, a Sessions Court can try any civil claim about a motor vehicle accident, whatever the amount.

Subordinate Courts Act s 65(1)(a)

Serious driving offences

Causing a death by driving recklessly, or at a speed or in a manner dangerous to the public, is punishable on a first conviction by imprisonment of 5 to 10 years and a fine of RM20,000 to RM50,000. The person convicted is disqualified from holding or getting a driving licence for at least 5 years.

Road Transport Act s 41(1), (3)

Driving without due care and attention, or without reasonable consideration for other road users, is punishable on a first conviction by a fine of RM5,000 to RM10,000, and the driver can also be imprisoned for up to 12 months.

Road Transport Act s 43(1)