The Law Says "As Soon As Reasonably Practicable." Your Insurer Treats 24 Hours As A Cliff.

Almost every Malaysian driver knows there is a 24-hour rule. Far fewer have read what it actually says.

Section 52(2) of the Road Transport Act 1987:

"In the case of any such accident as aforesaid the driver of such motor vehicle and, if there is more than one motor vehicle, the driver of each such motor vehicle shall report the accident at the nearest police station as soon as reasonably practicable and in any case within twenty-four hours of such occurrence, and shall produce to the officer in charge of the police station his driving licence and, if so required, the certificate of insurance issued under section 90 of this Act."

Two things follow that most people miss.

First, the primary duty is "as soon as reasonably practicable." Twenty-four hours is the outer limit, not a window you are entitled to use. Turning up at hour 23 when you could have gone at hour two is not obviously compliant.

Second, the duty falls on the driver of each motor vehicle. Not just the one at fault. Not just the one claiming. Both of you.

And here is the gap this article exists to explain. The statute makes late reporting without valid reason an offence. Your insurer is a separate problem entirely — a late report or no report can see your claim rejected, and that consequence flows from your policy, not from the RTA. The two are frequently conflated, including by people advising you at the roadside.

1. What counts as an "accident"

The RTA definition is wide:

"accident" means an accident or occurrence whereby damage or injury is caused to any person, property, vehicle, structure or animal

So on the strict reading, even the most minor traffic accident must be reported. A scraped bumper in a car park causing damage to a vehicle is within the definition.

A quirk on record: AskLegal's earlier coverage noted that cats have not been counted as "animals" for this purpose. Take that as an oddity rather than a licence to ignore anything else on the list.

2. What to bring, and where to go

Where: the nearest police station. Practical guidance is to go to a station with a traffic department, since that is where the report will be processed.

What the statute requires you to produce:

• your driving licence
• if so required, the certificate of insurance issued under s.90 RTA

What to bring in practice:

• MyKad
• driving licence
• vehicle registration / geran or a photo of it
• insurance cover note or certificate, or the policy number
• photographs from the scene, on your phone
• dashcam footage, exported and saved — not still sitting on a card that may overwrite
• the other driver's details: name, IC, licence, vehicle registration, contact number
• witness contact details
• a written chronology you have prepared: date, time, location, direction of travel, road conditions, weather, what happened in sequence

What happens at the station: you give a statement describing what happened, an officer writes up the report, and you receive a police report number — keep it. Your insurer will need it. The investigating officer will then investigate and determine which party is at fault, and traffic summonses may be issued accordingly. Classification and punishment are decided by the IO based on the outcome of the investigation.

Expect an accident sketch. Traffic reports typically involve a sketch or diagram of the vehicles' positions. Take your photographs with that in mind — final resting positions, lane markings, distances to junctions.

3. If you are late

Late reporting without valid reason is an offence. Practitioner comment reported by Bernama put it directly: it is an offence under s.52(2) of the Road Transport Act 1987 if a police report is lodged later than 24 hours from the time of the accident without valid reasons, regardless of the agreed manner of settlement.

What counts as a valid reason? The clearest is medical. Guidance from insurers indicates that being hospitalised or receiving treatment for injuries, supported by an official medical report, is capable of being a valid reason for delay.

What does not obviously count:

• you were negotiating with the other driver
• you thought it was too minor
• you were away for the weekend
• you did not want the hassle

Go anyway if you are past 24 hours. Being late is better than never reporting: you may still need the report for an insurance claim, and the other driver may report regardless.

4. The insurer gap — the practical heart of this article

The RTA and your policy are two different things and they bite differently.

Insurer guidance is blunt about it. One comparison platform states plainly that an insurer may reject your claim if you fail to submit a police report or if the report is made more than 24 hours after the accident. Another notes that late reports can weaken your claim and complicate the investigation.

So the honest advice is not "you have 24 hours." It is: go as soon as you safely can, because the statutory limit and your policy conditions are not the same rule and the second one costs you money.

Also notify your insurer promptly, whether or not you believe you were at fault. Notification and claiming are different steps, and delayed notification is a common reason claims run into difficulty.

5. The settle-on-the-spot trap

Many Malaysians settle minor accidents privately. No report, cash or a transfer, everyone goes home.

Understand what you are actually doing.

Private settlement is not a legally recognised way to resolve an accident — even with a written agreement. Practitioners note that an amicable settlement on damages is an option for extremely minor accidents, but the statutory duty to report is not switched off by agreement between the parties. The Bernama comment makes exactly that point: it is an offence to report late without valid reason regardless of the agreed manner of settlement.

The specific risk: you negotiate, they agree, you both leave — and then they lodge a report anyway, possibly demanding more. You are now past 24 hours, without a report, dealing with police, and it is not clear whether "we were settling privately" is a lawful excuse for the delay.

If you are going to settle privately anyway — and people will — then at minimum:

• photograph everything as if you were reporting
• photograph their licence, IC and vehicle
• get a signed, dated note of the agreement with both IC numbers
• transfer by bank rather than cash so there is a record
• consider reporting anyway and settling the claim privately afterwards. The report costs you nothing and closes the exposure.

Never do this if anyone is injured. Injuries frequently emerge later, the sums are far larger, and you will need the report.

6. Online reporting

As at our verification, we could not confirm a general online facility for lodging traffic accident reports in Malaysia. PDRM operates online channels for certain complaint types, and the judiciary has rolled out systems such as e-PG for pleading guilty to traffic summonses online — but a summons is not an accident report.

Assume you must attend in person at a police station with a traffic department, and check with PDRM if you believe an online route is available for your situation. Do not let a search for an online option push you past the 24 hours.

7. If the other driver refuses to report

This happens, and it is one of the most common practical questions.

Their refusal does not affect your duty or your rights. The duty in s.52(2) falls on the driver of each motor vehicle. If they will not go, you still should.

What to do:

• Lodge your own report within 24 hours. Give the other vehicle's registration number, make, colour and any details of the driver you obtained.
• Say in your report that the other driver declined to exchange full details or to report. That fact belongs on the record.
• If they refused to give details at the scene, say so, and give whatever you have — a photograph of the plate is often enough for police to identify the vehicle.
• If they drove off, that is a materially more serious matter. Leaving the scene of an accident is an offence under the RTA. Report it as such, with the registration number if you have it.
• Notify your insurer and tell them the other party has not reported. Your own-damage claim can proceed under your policy terms; recovery from the other party is a separate exercise your insurer will handle.

Do not chase or confront them. Get the plate, report it, let the police do the identification.

What to actually do — the checklist

At the scene: 1. Stop. Leaving is an offence. 2. Check for injuries. Call 999 if anyone is hurt. 3. Hazards on; make the scene safe. 4. Photograph before moving anything — positions, all sides of both vehicles, road markings, debris, skid marks, signage, traffic lights, weather and light conditions. 5. Photograph the other driver's licence, IC, road tax and vehicle. 6. Exchange details. Name, IC, phone, insurer, vehicle registration. 7. Get independent witness contacts. 8. Save your dashcam clip immediately. 9. Do not admit fault. Be decent; do not concede liability.

Within hours, not at hour 23: 10. Go to the nearest police station with a traffic department. 11. Bring licence, MyKad, geran, insurance details, photos, dashcam, chronology. 12. Get the police report number and keep it. 13. Notify your insurer the same day.

If you are past 24 hours: 14. Go anyway, and bring any medical documentation if injury or treatment caused the delay. 15. Tell your insurer immediately and be straightforward about the timing.