A Comprehensive Guide to Personal Injury Claims in Singapore

Compensations for Accidents

While minor accidents typically result in vehicle damage, serious accidents can cause injuries or even fatalities to road users, including pedestrians, cyclists, motorcyclists, drivers, and passengers.

Many traffic accident victims believe that receiving warnings and fines from the Traffic Police precludes them from filing an accident claim. However, this is not necessarily the case. The other party may still bear some responsibility, particularly if the victim is a pedestrian.

Victims of traffic accidents may be entitled to claim the following losses from the tortfeasor’s insurer.

• Pain and suffering
• Loss of income
• Loss of earning capacity / Loss of future earnings
• Current/Future medical expenses
• Transportation expenses
• Repair costs

In the case of fatal traffic accidents, the victim’s family can claim the following losses from the tortfeasor’s insurer:

• Bereavement
• Funeral expenses
• Medical expenses
• Pain and suffering endured by the deceased prior to death
• Costs related to obtaining Letters of Administration
• Dependency and inheritance claims for parents, spouse, children, and direct blood relatives.

Type of Traffic Accidents and Its Claim Rights

Traffic Hit-and-Run Accidents

There is a common misconception that victims of accidents involving uninsured vehicles or hit-and-run drivers cannot seek compensation as the negligent driver cannot be found. That is not true.

In Singapore, victims may submit a claim to the Motor Insurers’ Bureau of Singapore, which is a bureau established by motor insurers to compensate victims of accidents involving uninsured or unidentified vehicles. Such claims require evidence showing that the accident was caused by the negligence of the unknown or uninsured vehicle, including situations where objects fall from an unidentified vehicle.

Traffic Accidents Involving Pillion or Passenger

If injured in a traffic accident, the pillion or passenger can file a claim against the rider or driver of the motorcycle or motor vehicle respectively.

The injured pillion or passenger will usually have no contributory negligence for the accident and would have good cause to file a claim against the rider, driver or any third party involved.

Traffic Accidents Involving Company Vehicles

If an employee meets with a traffic accident while taking transportation provided by his employer between home and the workplace, he may have the option of claiming compensation under the Work Injury Compensation Act (WICA) or under common law. However, an employee cannot go under both schemes. It is important to make a cost-benefit analysis to assess the merits and risk associated with going under either WICA or under common law.

Important Things to Take Note of After an Accident

If you are involved in a motor vehicle accident, remain calm and ensure your safety first. Then try to record the following details:

• Details of the people and vehicles involved, such as names, contact information, vehicle registration numbers, and insurance details.
• Witness information, including the names and contact details of anyone who saw the accident.
• Photos or videos of the accident scene, including vehicle damage, road conditions, traffic signs, and the surrounding area.

These details can serve as important evidence to support your claim by helping to establish how the accident occurred and who was involved.

Hiring Lawyers for Your Accident Claim and Its Fee

Many victims and their families refrain from pursuing claims because they believe they cannot afford the legal fees, especially when they are already burdened with medical expenses.

Safeguards are in place to ensure that legal fees remain fair and reasonable. Legal fees for personal injury claim exceeding S$5,000 arising from traffic accidents are determined by the Public Trustee and, if necessary, the courts. The Public Trustee, a government agency under the Ministry of Law, reviews legal fees to ensure that lawyers do not charge excessive amounts.

Victims should not be discouraged from seeking legal advice due to concerns about high legal costs. It is advisable to consult lawyers who specialise in personal injury claims to handle such cases effectively. In successful claims, the majority of legal fees are typically borne by the party at fault and their insurers.

Legal Options for Claiming Compensation After a Workplace or Industrial Accident in Singapore

Employees who suffer injuries at work may have more than one legal avenue to seek compensation. The appropriate course of action will depend on the circumstances of the accident.

1. Claim under the Work Injury Compensation Act 2019 (WICA)

• Employees may claim compensation for injuries sustained in the course of employment.
• A claim can generally be made regardless of who was at fault for the accident.
• This process is typically more straightforward and does not require court proceedings.

2. Civil Claim under Common Law

• An injured employee may commence a civil claim in court if the accident was caused by the negligence of an employer or a third party.
• Examples include unsafe workplace conditions, inadequate systems of work, or defective machinery or equipment.
• Depending on the circumstances, a civil claim may allow the employee to recover higher compensation.

Important Considerations

• Employees may sometimes believe they are responsible for an accident due to informal or irregular workplace practices. However, this does not necessarily prevent them from pursuing a legal claim.
• Even if a claim has already been filed under the Work Injury Compensation Act, the employee may still choose to pursue a civil claim provided the WICA process has not yet concluded.
• Individuals who have suffered a workplace injury should seek legal advice promptly to understand the options available and determine the most appropriate course of action.

What Is the Time Limit to File a Claim After a Traffic Workplace Accident in Singapore?

Three-year Limitation Period

Victims of traffic accidents and industrial or workplace accidents generally have three years from the date of the accident to commence legal proceedings in court, subject to certain exceptions under the Limitation Act 1959.

Importance of Seeking Legal Advice Early

Accident victims should seek legal advice as soon as possible after the incident. Early legal advice allows lawyers to gather evidence such as accident reports, medical records, photographs, and witness statements. Delays may result in important evidence being lost, destroyed, or becoming difficult to obtain.

Taking prompt legal action can help protect a victim’s right to claim compensation and strengthen the overall case. Seek advice from our experienced lawyers at our law firm who would be able to provide effective legal advice to you, contact us via our hotline at 6553 4800.

Disclaimer: Statements in this article are not to be construed as legal advice and are meant for general information only. The writer and/or Hoh Law Corporation shall not be responsible or liable for any errors, mistakes, or misinterpretations of any statements found herein.