Most of us have come across road traffic accidents at some point in our lives – either being involved in one or driving past one, and for some punters, cheekily trying to get sight of the plate number to try their luck at 4D.
According the statistics from the Singapore Police Force, there were 7,724 road accidents which resulted in injuries in 2017.
So, what happens if you get into an accident and you are not at fault? Are you entitled to be compensated for your medical expenses, for the pain caused by your injuries, and for the damage to your vehicle?
The short answer is yes.
Liability and Quantum
In any accident claim, there are issues of liability and quantum.
Liability is about assessing how much blame to attach to each party in respect of any damage arising from the accident, and it is usually indicated in terms of percentage.
For example, if an accident victim is making a claim, but he was not wearing his seatbelt when the accident occurred, it is likely that he will have to bear a small percentage of the liability.
As for quantum, it is about assessing how much the person who’s at fault for the accident is supposed to pay?
Property Damage and Personal Injury
There are two types of claims, namely property damage (‘PD’) and personal injury (‘PI’).
PD claims are relatively straightforward, based on the physical damage to the vehicle involved. The claimant will send his vehicle to a workshop for an assessment on the damage done to his vehicle. Based on this, a claim will be made against the other driver or, like in most cases, his insurance company. The insurance company will then appoint an independent surveyor to assess the car to ensure that the damage for which compensation is being claimed is consistent with the way the accident occurred.
PI claims, on the other hand, are more complicated. Damages are split into special and general damages. Special damages encompass expenses for which you have incurred from the date of the accident up till the date of your claim. These include medical expenses and reasonable taxi fares for your trips to and from the hospital, and, for people who are already working, the loss of earnings you suffered from the date of the accident to the date when you resumed working.
General damages, on the other hand, are damages awarded to you in compensation of your injuries and for expenses that cannot be quantified yet – like future medical expenses. It must be noted that there are certain guidelines to adhere to when making claims for general damages.
The main head of claim in all PI claims is for Pain and Suffering i.e. the physical injuries you have suffered due to the accident. Depending on the severity of the injury, the courts have awarded a varying amount of damages for injuries. For example, a simple facture of a femur, tibia or fibula (major bones in the leg) may fetch anywhere between $6000 and S$10,000. Minor injuries, such as abrasions, may fetch between S$500 and $3000 depending on the location of the abrasions, whether the abrasions will cause permanent scarring, etc.
Another type of claim is for the Loss of Earning Capacity. This is claimed when you find that due to the accident, you can no longer earn your pre-accident rate of earnings.
Sometimes, it is best to assess the injuries carefully because minor injuries can escalate to major ones. Such injuries may result in a loss of future earnings or a loss of earning capacity, and such claims can be included in the settlement sum.
There are other types of claim under general damages as well – such as the loss of amenities, loss of expectation of life and future medical expenses.
What are the steps to take if you get into an accident?
The first thing to do is to consult a doctor for a physical examination, followed by making a police report on the accident.
When you feel well enough, take down some notes regarding the circumstances leading up to the accident, how it occurred, and basic information such as time and place of the accident and parties involved. Were the traffic lights in your favour? What was the weather like? Were there many vehicles on the road? Are there any witnesses? Such information will be useful when deciding liability.
Next, you need to engage a lawyer, and you must be prepared to provide a full account of your case.
Review your notes on the accident and make sure all the information is captured to the best of your recollection. If there is any information that is not advantageous to your case, you need to highlight it as well to enable the lawyer to assess everything and provide accurate advice.
Your lawyer will assess the amount of damages to be claimed based on your medical reports. Sometimes, you will be required to consult a specialist doctor for a more comprehensive assessment of your injuries.
You also need to update your lawyer on any police reports made or interviews given, your insurance coverage as well as past and present employment.
With all the necessary information and documents, your lawyer will issue a Letter of Demand to the driver of the other car that was involved in the accident.
The driver’s insurance company will get in touch with your lawyer and the negotiations will commence. Lawyers handling such cases on a consistent basis have the necessary experience in dealing with insurance companies and their tactics.
If no settlement can be reached, the next step is to file and serve a Writ of Summons to officially commence legal proceedings.
The law imposes time limits on a cause of action, the expiry of which means that a claimant can no longer commence legal action on that cause of action. This is governed by the Limitation Act, It is important to note that there is a limitation period of three years for all PI claims arising from an accident. For purely property damage the limitation period if six years.
In the rare circumstances where the other driver cannot be identified, a claim will be made to the Motor Insurers’ Bureau instead.
Criminal liability for road accidents
Apart from civil liability, road accidents can also give rise to criminal liability.
Criminal prosecutions are under the purview of the Attorney-General’s Chambers (AGC). Where police investigations reveal that a traffic accident or fatality resulted from criminal conduct, the AGC may prosecute the errant driver. Such charges are usually brought either under section 66 of the Road Traffic Act for dangerous driving causing death or section 304A of the Penal Code for causing death by a rash or a negligent act. The maximum penalties for these offences are a fine, or an imprisonment term of up to 5 years, or both. Disqualification orders prohibiting the offender from holding or obtaining a driving license may also be imposed.
It would be advisable to consult a lawyer should you be concerned that you may be charged for a criminal offence.