Can You Claim From Highway Operators for Road Hazard Damage?
Imagine this: You’re driving on a highway when suddenly, bang! Your car hits a deep pothole or debris from a burst lorry tyre. Your rim bends or your bumper cracks. It wasn’t your fault, but the damage is done. Can you claim from highway operators in a situation like this? Let’s find out.
Can you claim from highway operators in Malaysia?
The short answer is yes. You can claim from highway operators or concessionaires if their failure to maintain the road caused damage to your vehicle.
In Malaysia, highways are managed by private companies and supervised by the government through Lembaga Lebuhraya Malaysia (LLM). These private companies are responsible for keeping the roads in good condition and ensuring they are safe to use.
So if a pothole, uneven surface, or poorly maintained road damages your car, you have grounds to claim from the highway operator. To do so, you’ll need to prove that their failure to maintain the road caused the damage.
What situations do not qualify for claims against highway operators?
While highway operators must keep roads safe, some situations fall outside their responsibility. These include:
Accidents caused by sudden or uncontrollable events
This includes situations that happen unexpectedly or are caused by other drivers or external forces, such as:
- Damage caused by objects falling off another vehicle, like stones, tools, or loose metal parts
- Accidents caused by other vehicles, which the highway operator has no way of preventing
- Damage resulting from incidents outside the highway operator’s control
- Incidents caused by your own actions, such as driving too closely to the car in front
Lack of evidence
If you don’t provide clear proof that the operator’s negligence caused the damage, the highway operator may reject your claim. Include strong evidence such as photos of the damage and the scene, dashcam footage, a police report, and witness statements.
Keep in mind that to get your claim approved, you must clearly show that the highway operator’s negligence or failure to maintain the road caused the damage to your vehicle.
How do you make a claim from highway operators?
The claims process may vary between highway operators, but many offer convenient options to submit a claim online through their website or by email.
If you believe the highway operator may be responsible for your vehicle damage, below is a general step-by-step guide to help you claim from them.
Before anything else, make sure you and your passengers are safe. Switch on your hazard lights and, if possible, move to a safe area. If you need roadside assistance, including towing, you can request help through the Etiqa+ app if your car is covered by Etiqa car takaful or insurance.
1) Contact the highway operator
Once you’ve made sure everyone is safe, contact the highway operator as soon as possible to report the incident. They will advise you on how to submit your claim. You can find contact details for highway and expressway operators in Malaysia on the Lembaga Lebuhraya Malaysia (LLM) website.
2) Gather evidence
Strong documentation is key to supporting your claim. Collect the following:
- Clear photos of the accident scene, including:
• Damage to your vehicle
• The road defect or hazard (e.g., pothole)
• The exact location (look for kilometer markers or landmarks) - Details of any third parties or witnesses, including their:
• Full name
• Contact number
• Vehicle registration number
3) File a police report
Head to the nearest police station and lodge a report as soon as possible, ideally within 24 hours. Be clear and specific when describing what happened and what caused the damage.
If another vehicle or party was at fault and this was confirmed by the police, make sure it is clearly stated in your report.
4) Submit your claim
Contact the highway operator or check their website to learn the procedure for submitting your claim. Generally, prepare and include the documents needed for your claim, including:
- Certified true copy of your police report
- Identification card (IC) of both the vehicle owner and driver
- Driver’s licence
- Toll transaction statement
- Repair bill or quotation
- Photos of the vehicle damage
- After-repair photos
- Insurance policy/takaful certificate or cover note
- Vehicle registration card
- Discharge voucher (if you’ve claimed through your own insurance or takaful)
- Medical report and bills (if there were injuries)
- Location details: kilometer marker, nearby landmarks, direction of travel
Can I claim if my car is damaged by potholes on roads other than highways?
Yes, you can submit a claim to the authority responsible for maintaining the road.
For federal or state roads: Submit your claim to JKR
If your car is damaged by a pothole on a federal or state road, you can submit your claim to the Public Works Department (Jabatan Kerja Raya), more commonly known as JKR.
To file a claim with JKR:
- Visit the JKR complaint portal
- Click ‘Daftar Aduan’ to lodge your complaint
- Fill in the form and upload photos of the pothole and your vehicle damage
For city or municipal roads: Submit your claim to the local council
If the pothole is on a city, town, or housing area road, it is likely under the jurisdiction of the local council, for example, Dewan Bandaraya Kuala Lumpur (DBKL) and Majlis Bandaraya Petaling Jaya (MBPJ).
Contact the relevant local council for guidance on how to submit your claim. You can find their contact details on the Local Government Department (Jabatan Kerajaan Tempatan) website.
To support your claim, prepare:
- Clear photos of the pothole and vehicle damage
- Location details (road name, nearest landmark, or kilometer marker)
- Repair invoice or quotation
- Police report
Even if your vehicle is not damaged, it is still important to report potholes to the appropriate authority to help prevent accidents and protect other road users.
Can you make a car takaful or insurance claim instead?
Good news — you can! However, this depends on the type of car takaful or insurance coverage you have, whether it’s Comprehensive, Third Party, or Third Party, Fire and Theft.
Let’s take a look at the types of claims you can make:
Own Damage Claim
If you have Comprehensive Coverage, you can make an Own Damage Claim to claim directly from your own takaful or insurance operator to cover the cost of repairs.
Heads up, doing so will reset your No Claim Discount (NCD) to zero, which means your contribution or premium will be higher upon renewal. For minor damage, covering the repair costs yourself could be an option to keep your NCD intact and avoid higher contributions or premiums later.
Third Party Claim
You can file a Third Party Claim against the other driver’s insurance policy or takaful certificate if the police find that driver guilty of causing the accident. This type of claim is available regardless of your car coverage type.
A Third Party Claim often takes longer to process, since insurers or takaful operators may need to go through legal procedures and additional verification. You’ll usually need to pay for the repairs upfront and then seek reimbursement from the third party’s insurer or takaful operator.
Since the third party is at fault, your NCD stays intact.
Will you lose your NCD when you make a claim?
There are situations where you may lose your No Claim Discount (NCD) — even if another vehicle is at fault:
- The vehicle at fault cannot be identified (e.g. a hit-and-run accident)
- The vehicle at fault is used for hire or reward (e.g. a taxi, hire car, or bus)
- The vehicle at fault is not covered by motor takaful or insurance
- The accident results in a death or a personal injury claim
If you’re in any of the situations above, it could be helpful to consider the cost of repairs compared to the potential loss of your NCD if you make a claim. In some cases, it might be better to pay for minor repairs yourself to avoid affecting your NCD.
Quick FAQs: Claiming from highway operators for road hazard damage
Can I claim for tyre or rim damage caused by potholes?
Yes. You can claim for pothole-related damage if you can prove it was caused by poor road maintenance.
Can I claim from the highway operator if the object came from another vehicle?
Generally, if the hazard (e.g. metal, tools, debris) came from another vehicle, you cannot claim from the highway operator as they are not liable for damage caused by other road users.
Do I need a police report to submit a claim?
Yes. A police report is required for claims made to both highway operators and takaful or insurance operators. You are advised to file a claim within 24 hours of the incident.
Will claiming from the highway operator affect my No Claim Discount (NCD)?
No. Claims made against highway operators won’t affect your NCD.
Is dashcam footage accepted as evidence for road damage claims?
Yes. Dashcam footage is a form of evidence you can provide when making a claim.
Can I still make a claim without dashcam footage?
Yes. While dashcam footage is helpful, you can still submit your claim using clear photos, a police report, and other documents required by the highway operator.
What if the damage happened at night and I couldn’t see the hazard?
You can still file a claim. Just make sure to provide evidence such as photos of the scene, dashcam footage (if available), and a detailed police report showing that the road was poorly maintained or not visible.
Can I claim for personal injuries from road hazards?
Yes. If you were injured due to poor road conditions and can prove negligence, you may include medical reports and bills in your claim to the highway operator.
Dealing with road hazard damage can be stressful, but knowing your options helps you take control. Whether you’re claiming from the highway operator or your car takaful or insurance, preparation makes all the difference.
Make sure your car is covered, stay alert on the road, and keep your dashcam on (if you have one) — clear evidence can really help!
Safe travels, and here’s to smooth, pothole-free journeys ahead!
The information contained in this blog is provided for informational purposes only. It should not be construed as advice on any matter. Etiqa accepts no responsibility for loss which may arise from reliance on information contained in this article. This information is correct as of 20 June 2025.
Sources:
Lebuhraya Shah Alam (KESAS) website, The Star (1, 2)
