What to do in a motor accident?
A comprehensive practical guide to motor accident claims in Singapore
As part of our commitment to increase public access to practical legal knowledge, we have put together this comprehensive and practical guide on motor accident claims. We have chosen this topic because of the increasing prevalence of motor accidents in densely populated Singapore. This guide is intended for anyone who wishes to know his rights and options in the event of a motor accident, including legal practitioners, claims managers and lay persons.
The contents are organised topically, so that readers may zoom-in directly on selected section(s) of immediate interest. This comprehensive guide covers the entire claim process: before, during and after filing a claim. For each of these stages, we have set out a summary of the law and process, as well as practical and strategic tips to secure your best interest either as claimant or defendant, including the following topics:
- the immediate steps to take upon collision (e.g. the reporting procedure),
- the options available to parties (e.g. to negotiate, sue or claim insurance) and their respective pros and cons,
- whom to sue and how to establish liability on the defendant,
- the correct forum to commence civil action (e.g. to file the claim in FIDReC or courts, and which level of court) and the pre-action protocols that must be complied with before commencing action,
- how a claim is conducted in the bifurcated proceedings of the State Courts and the court mediation process,
- a ‘checklist’ of common claims and how to quantify their amounts (e.g. pain and suffering, loss of future earnings, loss of earning capacity, loss of amenities and future expenses),
- consolidated guidelines on the costs recoverable from the defendant and legal fees payable by claimant to own lawyer,
- how to strategically use Offers to Settle (OTS) to negotiate, with the potential of obtaining costs on indemnity basis from the other party,
- the factors to consider when deciding whether to agree to a settlement or to continue with proceedings,
- how to apply for interim payment if matter is long drawn,
- the necessary approval of the Public Trustee, in certain circumstances, on the lawyer’s fee payable by claimant and the adequacy of compensation amount, and
- any counterclaim by the defendant against the claimant.
To suit legal users, this guide is heavily footnoted with useful links (clickable urls) and comments for further reading, and the law stated herein has been kept current.
It is hoped that this guide would be the first reference point for persons involved in a motor accident, giving an overall view of the legal claim process and ‘teaser’ introductions on specific areas, and thereafter recommending appropriate publications as ‘specialist texts’ for further reading in relation to a specific stage or issue in the legal claim process.
Although this guide contains our valuable know-how, we have kept it free and publicly accessible because we believe that the purpose of the law is to serve its users – you.
Please click here to access the 29-page guide.
Also featured on Asia Law Network Blog, “Strategic use of Offers to Settle (OTS) to negotiate motor accident claims”, 26 July 2019, which can be found here; and Law Gazette, “Demystifying the Assessment of Damages for Personal Injury Claims”, Featured Article, October 2019, which can be found here.
For further information, contact:
Kok Yee Keong
Senior Associate
Eversheds Harry Elias LLP
PIPD Committee 2019, Law Society of Singapore
T: +65 6535 0550
F: +65 6438 0550
YeeKeongKok@eversheds-harryelias.com