Getting into a car accident is stressful — but it’s even more confusing when you weren’t the one at fault. Do you still need to claim from your own insurance? What happens to your No Claim Discount (NCD)? Who pays for the damage?
In this article, we break down how car insurance works when it’s not your fault in Malaysia.
Whether you’re a first-time driver or a car owner unfamiliar with claiming third-party insurance, this guide will help you understand your rights, responsibilities, and the smartest steps to take after a car accident insurance claim.
What Is a “Not-at-Fault” Car Accident?
In simple terms, you’re not at fault if the accident was caused entirely by another driver.
This could include:
- Being rear-ended while stopped at a traffic light
- Getting sideswiped by someone changing lanes carelessly
- Having your parked car hit while unattended
In these cases, you’re generally entitled to claim compensation from the other party’s insurance provider, not yours.
First Things First: What to Do at the Scene
Before we get into the insurance process, here’s what you should do immediately after an accident:
✅ Make sure everyone is safe
✅ Take photos and videos of the scene, vehicles, and road conditions
✅ Exchange information (IC, phone number, vehicle number, and insurance details)
✅ Lodge a police report within 24 hours
✅ Notify your insurer
You can find a full checklist in our Car Insurance Help Centre.
1. Claiming Third Party Insurance
If you are not at fault, you can file a third-party insurance claim against the other driver’s insurer.
This is the most cost-effective route because:
- Your NCD remains unaffected
- You don’t pay anything out-of-pocket (unless agreed upon)
- Your own insurance coverage is untouched
To learn more, visit our dedicated guide: Claim Third Party Insurance in Malaysia.
2. What If the Other Driver Refuses to Cooperate?
Sometimes, the other driver:
- Doesn’t admit fault
- Refuses to share details
- Doesn’t report the accident
In such cases, you have two options:
Option A: File an Own Damage Knock-for-Knock (OD-KFK) Claim
If you have a comprehensive insurance policy, you can claim from your own insurer under OD-KFK. The benefit?
✅ Your NCD remains intact
✅ Faster processing
OD-KFK is only available if the accident is clearly not your fault, and you have sufficient proof (e.g., police report stating the other party is at fault).
For a full walkthrough of OD-KFK and other scenarios, refer to our Comprehensive Car Insurance Guide.
3. What Happens to Your NCD?
If you successfully claim third-party insurance or file an OD-KFK claim, your No Claim Discount (NCD) is preserved.
However, if you make a normal damage claim, even if the accident wasn’t your fault, your NCD will reset to 0%.
For more info, check out our article: No Claim Discount (NCD) Explained.
4. Should You Use a Workshop or the Insurance Panel?
If you’re claiming against the third party’s insurer, you may be required to:
- Use their panel workshop
- Get a damage estimate
- Wait longer for processing
But if you go through your own insurer (via OD-KFK), you can:
- Use your insurer’s panel workshops
- Get quicker turnaround
- Let your insurer handle the claim process
Not sure which one’s better? Let us guide you at Autore Services.
5. What If Your Car Is a Total Loss?
If your car is beyond economical repair or stolen, it may be declared a total loss.
You can still:
- Claim from the third party’s insurance (if they’re at fault)
- Or claim from your own insurer (if you have comprehensive coverage)
In either case, you’ll need:
- A police report
- An official declaration from the adjuster
- Supporting documents
Get the full details in our Total Loss Insurance Claim Guide.
6. Can You Still Be Partially Liable?
Yes. In Malaysia, if both drivers are found partially at fault (e.g. 70/30 or 50/50), insurers may split the compensation accordingly.
In these cases:
- You may still lose a portion of your NCD
- Both insurers may contribute to repairs
- A third-party claim might not be 100% reimbursed
That’s why accurate documentation and a police report are crucial.
7. Tips to Strengthen Your Not-At-Fault Claim
To ensure a smoother process and quicker approval:
- Lodge a detailed police report stating the facts clearly
- Collect photo/video evidence at the scene
- Get witness statements, if possible
- Request the police report reference number
- File your claim as soon as possible
Learn more about filing a proper car insurance claim after an accident.
8. What If the Other Driver Is Uninsured?
If the other party has no valid insurance or runs away, you may:
- Claim under your own comprehensive policy
- Accept the impact to your NCD
- Explore compensation through PIAM-MIB (Malaysian Motor Insurance Bureau)
This is one reason why comprehensive coverage is still a smart choice, even if you’re a cautious driver. Read our full guide on comprehensive insurance.
Final Thoughts
Understanding how car insurance works when you’re not at fault is key to protecting your finances, your driving record, and your peace of mind.
You don’t always have to claim from your own policy — but knowing when and how to file a third-party claim or OD-KFK claim can make a big difference.
If you’re ever unsure, Autore.my is here to help. Visit our homepage or Car Insurance Help Centre for step-by-step support.
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