Things You Cannot Claim for in an Accident

Motorcycle rear ended - Photo credit
  • There are things one can claim from the responsible party after an accident.

  • However, there are conditions and limits to what one can claim.

  • The claims are to cover for the status quo if the accident didn’t happen, not enrich the victim.


Getting into an accident is not something anyone looks forward to, unless you’re one of those folks in the movie Crash. But you might be familiar with the word “claim,” as in claiming for the damages caused by the guilty party.

Claiming from the other person is to cover for damages above what their insurance is willing to pay for, usually for the cost to treat your injuries.

While that sounds like one can claim for the most expensive form of treatment, there are conditions to be met and things that one can’t claim for.

1. Expenses at a private hospital

The general rule covers the full cost of seeking treatment at a government hospital. However, that doesn’t mean you can’t seek treatment at a private hospital.

The court may allow your claim if:

  • Your situation was urgent and had no choice but a private hospital.
  • The government hospitals didn’t have the required doctor or equipment.
  • The government hospitals couldn’t treat your type of injuries.
2. Traditional medication

It means you can’t claim for that jamu or minyak gamat you used to fix yourself. However, the court may consider your claim if:

  • Reliable advice was given to seek traditional treatment.
  • Reasonable to seek traditional treatment and medication.
3. Loss of income if above retirement age

Retirement age here means 55 years and above, regardless if you are still working. As such, one could not claim for loss of future income.

4. Loss of income from illegal means

As outlined in point 3 above, one can claim for loss of future income as long as he is below 55 years old, but with one caveat. His source of income must be legal. So, if you’re making an earning from an illegal massage centre, the claim is off.

5. Pain and suffering when unconscious

We’ve had motorcycles accidents ourselves and we know how much it hurts. But does one feel the pain when unconscious? That’s why the court allows one to claim for pain and suffering only during the period he is conscious.