Road accidents can cause you injury, pain, loss and the incurrence of substantial financial expenses. But if the accident was not due to your own fault, there is an avenue of redress. The law enables you to make a claim against another driver for causing an accident if it was caused by his/her negligence.

If your case is successful, you will be compensated for the damage(s) to your vehicle, the inconvenience caused from the loss of use of the vehicle while it was being repaired and/or the cost of using another means of transport. You may also claim for injuries caused from the accident. Alternatively, the deceased’s dependants are entitled to claim for damages for the loss of life.

If the accident was due partly to your own fault, the damages that you are entitled to recover will be reduced accordingly as deemed fair and equitable by the court. The court will base its decision on the extent to which you contributed to the accident.

What are the necessary documents in a road accident claim?

If possible and where applicable, you should furnish the following documents:

1. Police report and investigation report, if any;
2. Documents evidencing owners of the vehicle (if your vehicle was involved)
3. Medical bills, invoices and receipts, etc;
4. Medical appointment cards, medical certificates and medical reports, if any;
5. Receipts of taxi fares for medical appointment, if any;
6. Salary pay slips and other relevant documents evidencing loss of earnings;
7. Photographs of injuries and damage caused to the car, if any;
8. Surveyor’s report on the damaged vehicle (if claiming for your vehicle)

In addition, you must inform your lawyer, in as much detail as possible, the events leading up to the occurrence of the accident, the accident itself and the events thereafter. Your lawyer would also apply for Police reports, Police investigation results, medical reports etc and apply for searches on relevant vehicles from the Land Transport Authority as well as obtain any other information necessary for the case. All these would enable your lawyer to prepare your case against the other party.

Liability and Quantum

Upon the receipt of the reports from the various organizations, your lawyer would need to consider the extent of liability and quantum. Liability refers to the extent to which one party is liable for another’s accident. Quantum refers to the quantifiable amount caused by the damage. If the compensation for the damages amounts to $5,000 or more, the Public Trustee will be involved in the case.

Once the liability and quantum have been determined, your lawyer will issue a letter of demand (LOD) to the insurer (insurance company) of the vehicle liable for the accident stating the details of the claim. If the insurer fails to admit liability and satisfy the claim within the period specified in the LOD, you may instruct your solicitors to commence legal action against the other party.

The legal action

A lawyer would be the best person to advise you on your legal position in any given situation and will help you claim the damages due to you as a result of the accident.