- An injury claim is based on negligence: you need to show the other driver failed to take reasonable care and that this caused your injury.
- Before going to court, a letter of claim is sent to the other side and their insurer, who must acknowledge it within 14 days.
- Most claims settle through negotiation with the insurer.
- If a claim goes to court, liability is usually decided first and the amount of compensation assessed afterwards.
What you need to prove
A claim for injuries from a road accident is a claim in negligence. In broad terms, you need to show that the other driver owed you a duty to take care, that they fell short of it, and that this caused your injury and losses.
Gathering the evidence
Your lawyer will usually collect:
- the police report and the outcome of any police investigation
- the accident report made to the insurers
- medical reports, bills and medical certificates
- photos, dashcam and CCTV footage
- statements from witnesses
- proof of your income, if you have lost earnings
The letter of claim
Before starting a court case for a motor accident injury, there is a pre-action process. Your lawyer sends a letter of claim to the driver at fault and their insurer, with documents on how the accident happened and what you are claiming. The insurer is expected to acknowledge it within 14 days, and to give a full response within a set period after that.
This stage gives both sides the information they need to settle without going to court.
Negotiating a settlement
Most injury claims are settled with the insurer. Your lawyer negotiates on your behalf, using the medical evidence and earlier court awards for similar injuries as a guide to what the claim is worth. Smaller claims may settle quickly. Larger or disputed ones take longer.
If the claim goes to court
If the claim can't be settled, it is started in court with an originating claim and a statement of claim. (Before 1 April 2022, claims were started with a writ of summons.) The court may hold settlement conferences or mediation along the way, and many claims still settle at this stage.
Courts usually deal with an injury claim in two parts: first who was at fault and in what proportion, and then, separately, how much compensation is due, based on medical reports, bills and expert evidence.
How long it takes
There is no fixed timeline. A simple claim where fault is not disputed may settle within a few months. Claims involving serious injuries, disputed liability or a trial can take a year or more.
When someone else claims for you
If the injured person is under 21, a parent or guardian can bring the claim on their behalf. If they lack mental capacity, a deputy or litigation representative can act for them. If the accident was fatal, the family members who depended on the person, and the estate, may have claims of their own.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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