These case studies have been modified so as not to identify any actual cases at FIDReC. They are provided for purposes of learning and are not necessarily indicative of outcomes at FIDReC.
Jason had an unfortunate accident. Jason remembered that his motorcar was exiting the parking lot when another motorcar collided with him. Before the collision, he saw the other motorcar overtaking a stationary lorry on his right before it cut in front of the lorry and hit him.
Jason reported the accident to his insurer immediately. He also filed a third-party property damage claim against Tom, the driver of the other motorcar. The insurer of Tom’s motorcar was ABC Insurance Pte Ltd (ABC).
ABC declined Jason’s claim after they reviewed all the evidence. ABC viewed Jason to be at fault as he had failed to exercise caution when driving out of the parking lot.
Jason disagreed with ABC’s decision and approached FIDReC.
At mediation, ABC shared the contents of Tom’s accident report. There, Tom stated that he was traveling straight along the driveway when Jason suddenly came out from the parking lot. There was neither video evidence nor independent witnesses to support the different accounts of Jason and Tom. ABC further shared the results of the Motor Accident Claims Online (MACO) Outcome Simulator.
Jason rejected ABC’s explanation and agreed to attend a Mediator’s Indication Session.
At the Mediator’s Indication Session, a senior FIDReC Mediator evaluated the case. The Mediator was of the view that ABC’s assessment of the accident liability was fair and reasonable. This was especially given the absence of objective evidence from either driver to support their accounts. The Mediator explained her findings by referring to the result from the MACO Outcome Simulator. The Mediator also referenced the Motor Accident Guide published by the State Courts of Singapore. The Mediator opined that Tom contributed to the collision as he could have been more vigilant. As such, she evaluated ABC as 10% liable for Jason’s claim.
After considering for a few days, Jason decided to accept the Mediator’s Indication. ABC was likewise willing to do so, and they entered into a settlement agreement.
Key Learning Points
- Install front and rear in-car cameras for your motorcar. Video evidence of how the accident had taken place can help to prevent disputes from arising.
- Jason did the right thing by immediately reporting the motor accident. You should do so within 24 hours or the next working day. Provide details of how the accident had occurred and photographs of the accident scene. The insurers will rely on the accident reports and other evidence in assessing accident liability.
- Read the Motor Claims Framework to find out what to do in the event of a motor accident.
- You may refer to the MACO Outcome Simulator and the Motor Accident Guide for guidance on how to assess third-party property damage claims.
- A Mediator’s Indication Session is a valuable tool to help you decide what to do at mediation. You can get an independent and neutral opinion on the case without going for adjudication and without paying any fees. The Mediator’s Indication is provided by an experienced FIDReC Mediator or a Neutral from the Law Society of Singapore.
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