Motor accidents & personal injury

Shared fault: what happens when both drivers were partly to blame

Many road accidents are not entirely one driver's fault. Singapore law lets you claim even if you were partly to blame, with your compensation reduced accordingly.

1 min read
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In short
  • Being partly at fault does not stop you claiming.
  • Your compensation is reduced by the share of blame put on you, often expressed as a split such as 70:30.
  • Dashcam footage, the police sketch plan, road markings and witness accounts often decide the split.
  • Insurers frequently settle claims on a shared-fault basis.

How shared fault works

Under the Contributory Negligence and Personal Injuries Act, a claim is not defeated just because the injured person was also careless. Instead, the court reduces the compensation to reflect the injured person's share of responsibility.

Fault is often expressed as a split. If the court finds you 30% to blame, you receive 70% of the damages it would otherwise have awarded. Splits such as 100:0, 80:20, 70:30 and 60:40 are common.

What decides the split

Each accident turns on its own facts. Things that commonly matter include:

  • who had the right of way, and lane discipline
  • speed
  • whether either driver ran a red light or failed to give way
  • whether either driver had a chance to avoid the collision
  • dashcam or CCTV footage, the police sketch plan, skid marks and where the vehicles ended up
  • the outcome of any traffic prosecution

Rear-end collisions

The driver behind is usually held responsible for not keeping a safe distance. That is a starting point rather than a rule, and it can be disputed, for example where the car in front braked suddenly for no reason.

Why it matters early

Insurers often negotiate on the basis of a fault split, so the evidence you gather in the first days after the accident can make a real difference to what you recover. A lawyer can assess the evidence and push back on a split that doesn't reflect what happened.

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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