Caught in the Blame Game: Can You File an Injury Claim If You Were Partially at Fault?
One of the most common myths spread by insurance companies is that if you contributed to a traffic accident, you lose your right to seek financial compensation. This is false.
The doctrine of contributory negligence
Under Section 12 of the Malaysian Civil Law Act 1956, the legal framework operates on a doctrine known as contributory negligence. This means liability is balanced on a percentage scale.
A practical example
For example, if a speeding car collides with you, but you failed to signal early enough, a court might determine that the other driver is 80% to blame, while you bear 20% of the responsibility. If your total calculated damages for orthopedic injuries and lost earnings equal RM100,000, your final cash payout is simply reduced by your 20% fault share, meaning you still rightfully collect RM80,000.
Never walk away early
Never let an insurance adjuster convince you to abandon your claim before a comprehensive legal asset review is conducted.
