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Accident Claims [Updated as at Aug 03, 2007]

Questions

Answers

I have just been involved in an accident. What should I do at the scene of the accident?

Do not panic and leave the scene of the accident. It is an offence. Make sure that you and your passengers are not injured. Also check if any other person is injured. If so, do not move the victims unless you KNOW THE PROPER WAY OF DOING SO or if there is any serious and immediate danger of further injuries or accident. The injuries can be made worse. Call the emergency services for an ambulance and the police. If there are injuries or death the vehicles cannot be moved unless instructed by the police. The police will have to make sketch plans and maybe take photographs.

You should do the following:-

  • take down the registration numbers and insurance companies of all vehicles involved in the accident.
  • take down the names, identity card numbers, addresses and telephone numbers of the drivers, passengers, injured victims and other witnesses.
  • take down the date, time and location of the accident
  • photograph the scene of the accident and the damage to the vehicles if there is a camera handy.
  • make a sketch plan of the accident, particularly the position of the vehicles.
  • give your particulars and that of your insurance company to the other drivers of the vehicles involved.

If you carry in your vehicle a Motor Accident Statement Form issued by the General Insurance Association, use that Statement to ensure that all relevant information is recorded.

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What should I do immediately after the accident?

Immediately, attend to your injuries and that of your passengers. Inform the doctor that you have been involved in an accident and that a medical report may be required.

A police report must be made if:-

  • any person has suffered injuries;
  • any government property is damaged or a government owned vehicle is involved;
  • any foreign-registered vehicle is involved; or
  • any motorcycle or bicycle is involved.

If a police report is required, you must:-
  • Make the police report within 24 hours of the accident. This can be made at any police station or neighbourhood police post. If your vehicle is not registered in Singapore, the police report can only be made at the Central Traffic Police Station. Bring along any witnesses. The police report is an important document. The insurers will require a copy when you make a claim.
  • The police report requires you to provide a short statement of how the accident occurred. You are also required to sketch a plan of the scene of the accident. The report is required to be given in English. If you don't understand English, the policeman will assist you complete the report.

If the accident does not fall under any of the above categories, there is no need to lodge a police report. A General Insurance Association (GIA) Motor Accident Report to the insurance company is sufficient.

In either case, you should report the accident to your insurers as soon as possible. Your insurance policy will state a period which is usually 7 days. CHECK YOUR POLICY. Failure to do so may result in the insurers refusing any claims.

Have the damage to your vehicle checked. Your vehicle should be brought to a repair shop approved by your insurers. Your insurers will have the damage surveyed and assessed before they authorise the repairs. A reasonable time should also be given to any insurers you intend to claim against to carry out their own survey and assessment.

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What documents should I keep of the accident?

You must keep the following to help you make a claim:-

  • the particulars of the other dirvers and their insurers.
  • copies of all police reports made.
  • copies of the result of any police investigation.
  • copies of all medical and specialist reports.
  • evidence of the length of your and your passengers' hospital stay.
  • copies of all medical expenses.
  • copies of the repair bills and receipts.
  • evidence of the length your vehicle was in the workshop.
  • photographs of the scene of the accident and damage to your vehicle.

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What should I do if I am the cause of the accident?

You will normally inform your own insurers if you are the cause of the accident. The other drivers will also be writing to your insurers making a claim for damage that they suffered.

In any motor insurance policy there is an "excess clause". The excess clause provides that the insurers will only pay for the amount of your loss over the excess amount stated in this clause. You will also lose your "no-claim bonus".

The police may also take action against you. For further information on this, please see the Answers below.

The procedure as set out in the Answers to the above Questions should also be followed.

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What should I do if I want to make a claim against the other drivers' insurers?

You should give notice of your claim against the other drivers' insurers and give them copies of all your supporting documents. If your or your passengers have suffered personal injuries, it is advisable to instruct lawyers to assist you in your claim.

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What happens if the police intends to take action against me?

If the police feel that you are responsible for the accident, they can do one of the following:-

  • issue a warning letter against you. The police may decide not to prosecute, either because they have insufficient evidence or because of mitigating circumstances.
  • offer to compound the offence. The police for certain accidents, have the authority to fine you instead of bring the matter to court. The notice to compound will have a dateline within which you have to make payment. If you fail to do so, the police will bring the matter to court. If you intend to accept the compound, you will have admitted that you caused the accident. Before doing so you should contact your insurers or lawyers to advise on what further steps to take.
  • issue a summons to appear in court. For serious accidents, the police will bring the matter to court. You should seek the advise of lawyers immediately. The summons will state a date when you must appear in court.

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What can I do if I am injured as a result of an accident in Singapore where I am not able to obtain the particulars of the driver who caused the accident, ie a "hit-and-run situation"?

You must still make the police report and inform you insurers. If the police are not able to trace the driver of the other vehicle, you can still make a claim against the Motor Insurance Bureau of Singapore.

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What can I claim if I am a victim of an accident?

As a victim of an accident you can claim for:-

  • general damages which is lawyer talk for compensation for the pain and suffering resulting from the injuries you suffered. The actual amount will depend on the nature of the injuries.
  • special damages which is lawyer talk for compensation for expenses you have incurred resulting from the accident, ie medical fees, transportation expenses, repair to your vehicle, hiring of another vehicle while your vehicle is in the workshop, loss of salary or any other actual expenses incurred. You should keep original receipts of your expenses.

At times, the court may decide that you are partially to blame for the accident, ie "contributorily negligent". If so, you claim will be reduced by the percentage the court finds you liable.

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