- Meeting Road accident is
really an frustrating event. That’s why we are here to assist you in seeking compensations.
- Starting from 1 June 2008, the General Insurance Association of Singapore has laid down a
Motor Claims Framework ('MCF').
- Under the MCF, all accidents whether happened in
Singapore or Malaysia, regardless of how minor (even if the damage is not visible), must be
reported to your motor insurers within 24 hours or by the next working day.
Otherwise, it may result in a loss of your No Claim Discount when you next renew your motor
- Also if you fail to report the accident to your motor insurers, you may have
breached the terms and conditions under your motor insurance policy which may result your motor
insurers repudiate the policy liability.
- It does not matter if you intend to claim
from the motor insurers or Third Parties or you have made a direct settlement with the Third
Parties, you must still lodge a report with your motor insurers.
- Besides reporting the accident to your motor insurers, you must also notify them of any
claims made by the Third Party, any Writ, Summons, Offer of Composition or Notice of proceeding.
You are not to admit any liability or make any payment without their written consent.
- Please consult your motor insurers on their reporting centres. You may usually find your
motor insurers’ hotline or contact number in your motor insurance policy.
met an accident in Singapore or Malaysia, what must you do at the Accident Site?
- You should stay calm. You
should not become agitated and angry.
- You should take down the following particulars:
- registration numbers
and name of insurance companies of all vehicles involved in the accident; and
NRIC Numbers, addresses and telephone numbers of the drivers, passengers, injured pedestrians and
- You should also give your particulars to the other parties
involved in the accident.
- Call your motor insurers for a tow truck if you need one to
move your vehicle after an accident, or if you need advice about the accident. You should
not engage any unauthorized tow truck operators.
- If it is a serious accident
resulting someone injured or death, call the police and the ambulance immediately. As the police
need to draw a sketch plan, do not move the vehicles or dead bodies.
- If possible,
- make a sketch plan or
mental note of the accident site, position of vehicles, any landmarks; and
photographs of all damage caused by the accident. You must keep the negatives of those
photographs. You may also use your Hand phone to take photographs.
- Photographs and sketch plan tell a thousand words as many people do not realize how
essential and helpful these photographs and sketch plan are to parties who are trying to resolve
the accident claim after several months or years later.
After the accident,what must you do next?
Police report (for
accident happened in Malaysia and ONLY accident happened in Singapore with injury or death)
- You should make
a written police report as soon as possible at any nearby police station (in Malaysia preferably
same district in the place of accident) or any Neighbourhood Police Centre or Traffic Police HQ
- For accident happened in Malaysia, regardless of the type of
accident, you have to make a written police report.
- If you are hospitalized as a
result of the accident, make your police report as soon as you are discharged from hospital. You
may also make the police report at the hospital. Please check with your hospital first.
- You have to give all the information mentioned in the above paragraph 'If you met an
accident in Singapore or Malaysia, what must you do at the Accident Site?'
police report is important because it is the official written record of the accident. Your
insurance company, the police and lawyers will refer to it if you make any claim for
compensation. Even in Court, the Judge will always rely on it as it is your first narration of
how the accident happened.
GIA – Singapore Accident Report
- As mentioned above, it
does not matter if you intend to claim from the motor insurers or Third Parties or you have made
a direct settlement with the Third Parties, you must still lodge a report with your motor
insurers within 24 hours or by the next working day under the MCF.
- You must
also report to your motor insurers even you have made a police report.
- For more
information on the reporting centres of your motor insurers, please call your motor insurers. You
may usually find your motor insurers’ hotline or contact number in your motor insurance
Damage to your vehicle
- You should arrange for your damaged vehicle to be
removed to your motor insurers' approved reporting centre, within 24 hours of the accident or by
the next working day.
- Again you should avoid any unauthorized repair workshops.
- However, if you wish that your vehicle to be repaired by your vehicle's authorized
dealer or your favourite workshops, before you actually carry out the repair, please call your
motor insurers to find out whether can you do so.
- However, if you wish to claim
against the motor insurers of the other vehicle, please call your motor insurers whether will
they help you to repair and claims against the other vehicle's motor insurers.
avoid future dispute, remember to take down the name of the officer of your motor insures you
have spoken with.
- You must give the other vehicle's insurer an opportunity to carry
out a "Pre-Repair Inspection" before you actually carry out the repair.
Injury to person
- If you are injured, see a doctor immediately and get a medical report.
- If possible seek treatment from government / restructured hospital.
Do I Make a Claim
Claim against your own insurance company
You should note that there is an
excess clause in your motor insurance policy. Your claim must exceed the excess amount, and your
insurance company will only pay the difference between your claim and the excess amount. For
example, if the excess amount is $500 and your claim is $400, your motor insurers will not pay.
However, if your claim is $800, your insurers will only pay $300. You will also lose your no
claim bonus (NCB).
Claim against another person (Third Party)
It is advisable to see a lawyer. Please remember that lawyers can represent you only if
you authorize them to do so, usually by signing a warrant to act. Please be informed that vehicle
workshops are not authorized to make claims on your behalf. You may wish to consult us on the
aspect of the claims.
Claiming in hit and run cases
you suffer personal injuries as a result of an accident and do not know the particulars of the
other party that caused the accident, you may make a claim to the Motor Insurance Bureau. It is
advisable to see a lawyer. You may wish to consult us on the aspect of the claims.
FIDReC Non-Injury Motor Accident Scheme (for non-injury motor claims below
scheme was launched on 14 May 2008 at the Subordinate Courts.
- FIDReC (Financial
Industrial Disputes Resolution Centre Ltd) is for non-injury motor claims below $3,000. There are
no lawyers involved in this scheme. It is an avenue to resolve disputes directly between
consumers and the insurance companies, which are not their own. You may visit FIDReC’s website at
"www.fidrec.com.sg" for more information.
Police summons or charge
- If you receive a police summons or Offer of Composition or
charge charging you for an offence related to the accident, you should seek advice from a lawyer
immediately and notify your motor insurers before taking any course of action. You may wish to
consult us on the aspect of the police summons or Offer of Composition or charge.
- Please note that as the police summons or Offer of Composition or charge is a criminal
offence, your motor insurers usually will not engage a lawyer to defend you but under MCF, you
must notify them.
- Do note that if you plead guilty, accept a warning or pay the
summons, it can be used against you at a civil hearing of the same case.
What to do If a Claim is made against You
Report to your motor insurers
- If you receive a Letter of Demand from the lawyers of the
other vehicle in the accident or a Writ of Summons, you should inform and hand over the documents
to your motor insurers immediately.
- It is imperative to be mindful of these matters
to avoid incurring or escalating costs for yourself.
- If your insurers repudiate
liability for whatever reason, then you may want to engage your own lawyer to handle your case.
You will bear the costs in such a case. One common reason for repudiation is if you were driving
under the influence of alcohol. You may wish to consult us on the aspect of this
If you wish to consult us, please bring the following
- particulars in the paragraph of 'If you met an accident in Singapore or Malaysia, what
must you do at the Accident Site?';
- copies of police reports;
- medical and specialist reports (if any);
- a list of expenses incurred, eg
transport, medical fees and rental of car;
- documents supporting your claim such as
photographs (and negatives), medical certificates, repair bills, receipts and evidence showing
salary paid and so forth; and
- names and particulars of witnesses.
What will we do when you consult us?
- go through the documents and consider the evidence;
- take a statement from you and advise you on the strength of your case;
What will we do when you formally appointed us as your lawyer?
- write to relevant authorities, like Traffic
Police, Clinic, Hospital, for result of investigation, police reports of other parties involved
in the same accident, your medical or specialist report;
- write letters of demand on
your behalf to claim compensation;
- discuss with you offers made (if any) and
negotiate a settlement; and
- if a settlement is not made, start proceedings in Court,
prepare court documents, interview your witnesses and prepare for trial.
can you claim?
- General damages (if you suffered injuries)
- This compensates you for pain and suffering as a result of
injuries caused to your person ('personal injuries'). We will discuss with you on how much your
general damages claim will be based on the medical reports and earlier case laws.
your injuries resulted you to suffer physical disabilities which were supported by medical
report, you may also claim for the loss of future earning or loss of earning
- Special damages
- This compensates you for expenses incurred, eg costs of
medical fees, transport, repairs to vehicle, hiring another vehicle while your vehicle is being
repaired, loss of salary and CPF savings contributions before the trial. You must make sure that
you keep the original receipts for these expenses.
it is a fatal accident, the Civil Law Act [Cap 43] entitles those listed under section 21(2) to
claim for bereavement. This includes children, parents of the deceased and so forth. It is fixed
at $15,000.00. It is not a claim of $15,000.00 per claimant. This is to be divided among the
number of claimants notwithstanding how many there are.
In court's trial
- We will try to settle your claims out-of-court. However,
if court’s action needed to be commenced, there are two questions to be decided:
- Liability, ie who is
responsible for this accident; and
- Quantum, ie how much is your
- For Liability, the Court can decide that one party is fully
responsible for the accident, in which case, he is said to be '100% liable'. The Court can also
decide whether you are partly responsible for the accident. For example, if the Court found that
you have also contributed 30% to this accident, hence, the quantum of your claims will be 70%. In
other words, if your repair bill is S$100, the other party will only pay you S$70.
- For Quantum, once the issue of liability is settled, the Court will now assess your
- Non-Injury Motor Claims (for claims above S$3,000)
- The law allows you 6 years to claim for
your property damage, that is, damage to your vehicle.
- Under the Non-Injury Motor
Accidents ('NIMA') protocol, non-injury motor claims will most probably proceed for mediation
at the Primary Dispute Resolution Centre (commonly called the 'PDRC').
- It is
presided by a District Judge in a mediation chamber. At the PDRC, they will consider the GIA’s
Singapore Accident reports of the parties involved in the accident and any other relevant
evidence in order to determine the liability of the parties.
- Sometimes the Court will
direct for parties to appear in person. The District Judge will then give an indication of the
liability of the parties, who do have the prerogative of accepting or rejecting the Court’s
- In the event both parties accept the indication, they can proceed to
settle or negotiate the quantum.
- Most, if not all insurers, will take away your No
Claim Bonus (‘NCB’) if the indication against you exceeds 20%. This is the general policy but of
course the prerogative and final decision lies with your motor insurers.
- On the other
hand, if you do not accept the indication of the Court, you must prepare to proceed for trial. If
this is against our advice, you will have to bear the legal costs yourself if you lose the
- Personal injury cases (in Subordinates Courts)
- The time limitation for
personal injury cases is much shorter. An injured person has only 3 years from the date of the
accident to make his claim. Thereafter his claim will be time-barred.
- The personal
injury claims will only proceed for mediation, if parties agreed, to resolve the issue of
- In the event that is settled at PDRC, then parties will proceed to resolve
quantum either at a mediation session for quantum called the 'ADCR' where an indication on
quantum will be given by the presiding District Judge or if not settled, proceed for an
Assessment of Damages hearing ('AD'). The AD is like a trial but the Court will only decide on
- If you are awarded a sum of $5,000 or more for your General Damages, Public
Trustee’s approval has to be sought. You may wish to find out more about Public Trustee’s role in
- The costs
you have to pay your lawyer is called 'Solicitor and Client' costs. The costs that the losing
party pays to the winning party is called 'Party and Party' costs.
- If you lose your
case, normally you will have to pay the other side's Party and Party costs, as well as your own
Solicitor and Client costs. If you win your case, the Party and Party costs received by you can
be used towards paying your own Solicitor and Client costs which may be more than your Party and
- One has to bear in mind that legal costs continue to escalate the
further one proceeds. Therefore one must consider the practicalities and the cost consequences of
Our Solicitor and Client costs
- As the majority of accident claims would not be disputed
or involve contentious court proceedings, we are able to predict and streamline the steps to be
taken and standardize our professional fees and charges according to an agreed scale with our
- We will normally collect our Solicitor and Client costs peg at Party and
Party Costs. This way is to enable to maximize your claims.
Call us now at
6622 9455 for free legal consultation for your traffic accident claims
provide you with free legal consultation pertaining to your potential claims with absolutely no
We know we can help. Let us.
Team leader - Solicitor-in-charge : Lawrence Lang
Our team of
Justin Liau and Adbul Rahman BMH