Victims of road accidents involving drunk or drug-impaired drivers in Malaysia are still entitled to compensation, despite widespread misconceptions that such claims are automatically void, legal experts said.
Lawyer Datuk Shanmugam Ganesan told the New Straits Times that Malaysian insurance law is fundamentally designed to protect third-party victims — not errant drivers.
He said under the Road Transport Act 1987, all motorists are required to have at least third-party insurance coverage.
Shanmugam said third-party insurance exists to ensure innocent victims are compensated for injuries, fatalities or property damage, regardless of the at-fault driver’s condition at the time of the incident.
Lawyer Vinesh Segar concurred, stressing that the law distinguishes between the rights of victims and the obligations of insurers to their policyholders.
“The driver may have breached the terms of his insurance policy by driving under the influence. That could allow the insurer to deny his own claims or even recover losses from him later,” he said.
“However, that does not extinguish the rights of third-party victims.”
Vinesh said that under Section 96 of the Act, insurers may still be required to satisfy a judgment obtained by a victim against the at-fault driver, even if policy conditions were breached.
Shanmugam added that, in practical terms, victims can initiate a civil suit against the driver for negligence.
“Once judgment is obtained, the insurer is generally obliged to pay the awarded sum under third-party liability provisions,” he said.
Both lawyers noted that while victims can pursue claims directly against the at-fault driver’s insurer, the process may become more complex if liability is disputed or if the insurer initially refuses indemnity due to policy breaches.
“In such situations, legal action may be necessary to enforce the claim,” Vinesh said.
He also advised that victims may opt to claim under their own insurance policies for quicker repairs, with insurers later seeking recovery from the responsible party through subrogation.
The lawyers further highlighted that in cases where the offending driver is uninsured or holds an invalid policy, victims are not left without recourse.
“They can still seek compensation through the Motor Insurers’ Bureau of Malaysia, which provides relief for victims of uninsured or hit-and-run drivers,” Vinesh said.
He stressed the importance of public awareness, noting that misinformation often discourages victims from pursuing legitimate claims.
“The system in Malaysia is victim-centric. The wrongdoing of a driver, including intoxication, does not negate the legal protections afforded to innocent parties,” he added.
Vinesh also urged accident victims to promptly lodge police reports, gather evidence at the scene and seek legal advice where necessary to safeguard their rights.
“The key message is simple — if you are a victim, you still have the right to claim,” he said.
Shanmugam and Vinesh were commenting on a recent case in Klang where a suspected drunk driver crashed into a motorcyclist, resulting in the rider’s death.
The victim, Amirul Hafiz Omar, 33, had left home at about 10am on Sunday to go to Section 19 to purchase a Mathematics book for his eldest child when he was involved in a head-on collision with a Honda City.
The 28-year-old driver was headwing towards Klang town from Jalan Raya Barat at high speed. He was believed to have overtaken several vehicles before entering the opposite lane and colliding with Amirul’s motorcycle.
The impact caused Amirul to be flung onto a Perodua Myvi. He was pronounced dead at the scene.
The driver, who was remanded for four days, tested positive for both alcohol and drugs.
Source: https://www.nst.com.my/news/nation/2026/03/1407401/klang-crash-raises-question-can-victims-claim-if-driver-was-drunk-or
