Malaysia to mandate compensation for road accident victims
Translated from Malay, summarized and contextualized by DistantNews.
At a glance
- Malaysia will amend the Road Transport Act 1987 to require drivers who cause death or injury in road accidents to pay compensation to victims or their families.
- This new mechanism, approved in principle by the cabinet, will serve as an additional penalty alongside imprisonment, fines, and driving bans.
- The court will determine the compensation amount, and this will not affect victims' rights to claim insurance or pursue civil action.
Malaysia is set to introduce a new measure requiring drivers responsible for fatal or injury-causing road accidents to compensate victims or their families. The cabinet has agreed in principle to amend the Road Transport Act 1987 to establish this new compensation mechanism.
When convicted, offenders currently only face existing penalties without any compensation mechanism for victims or their families.
Transport Minister Anthony Loke Siew Fook announced that this will act as an additional penalty, beyond existing punishments like jail time, fines, and driving license disqualifications. The aim is to ensure offenders are held accountable for the consequences of their actions. Under the proposed amendment, courts will be empowered to award compensation to victims or their next of kin if an offender is found guilty.
This proposal covers cases involving drivers under the influence of alcohol, drugs, reckless driving, and other offenses that cause accidents.
Currently, offenders face existing penalties without a specific compensation framework for victims. This new proposal will cover cases involving drivers under the influence of alcohol or drugs, reckless driving, and other offenses leading to accidents. The compensation amount will be determined by the court based on the specifics of each case, not automatically set by the government. Importantly, this will not preclude victims from pursuing insurance claims or civil lawsuits through existing legal channels, offering a potentially faster and less costly route to justice.
The compensation mechanism will not affect victims' or their families' rights to claim insurance or pursue civil action through existing legal channels.
The ministry plans a careful approach to drafting the amendment, recognizing its long-term implications for the legal system and road safety. Following stakeholder consultations and parliamentary approval, a special parliamentary select committee will be formed to scrutinize the bill. The aim is to create a clear, enforceable, and effective legal framework that ensures justice for victims and enhances road safety. The bill is anticipated to be presented in Parliament after the 2027 budget presentation, pending the completion of consultations and drafting.
We want to produce a clear, implementable, and effective legal framework that provides justice to victims and improves road safety.
Originally published by Utusan Malaysia in Malay. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.