In Singapore, the victim of an accident can pursue a civil claim against the person who had caused the accident. Legal proceedings must be commenced within 3 years from the date of the accident.
The victim must apprise himself of all the circumstances of the accident. Some of the important information determining whether the other person was at fault could include the following:
- The events which led up to the accident
- What happened immediately after the accident
- The parties who were involved in the accident
- Police reports lodged
In certain cases, the victim’s actions could have contributed to the accident and this is called contributory negligence. This works to reduce the amount of compensation which may be claimable. Statements such as “I am sorry I had not seen you” or “It was also partly my fault” could be taken as admissions of liability. You would also need to have the personal particulars of the other party in order to commence an action in Court.
The amount of compensation a victim can claim would be determined by the harm caused and the losses suffered. There are broadly two heads of claim. First, specific damages which are specific losses arising from the victim’s injuries, such as loss of earnings and medical expenses. Hospital bills and receipts supported by a doctor’s memo or medical report stating that these bills were incurred due to the accident would help to substantiate the victim’s case. Pre-existing conditions would not be claimable save to the extent that these conditions had been aggravated by the accident. Second, general damages, which are general losses such as pain and suffering and loss of future earnings.
Pursuant to the State Courts Practice directions, victims should also comply with the pre-action protocol for personal injury claims and non-injury motor accident claims before commencing an action in Court.
The purpose of the protocol, is to streamline management of such claims and facilitate their early settlement. The protocol attempts to get parties to negotiate and exchange information at an early stage of the matter and resolve it before it becomes a full blown dispute before the Court.
This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.