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FAQ - Information on Making a Motor Accident Claim

Is there any time limit to make a claim?
All claims must be made within 3 years from the date of the traffic accident.

What are the costs that I have to pay?

You have to pay your solicitors costs known as Solicitor and Client's costs. However, you do not have to pay this cost u p front when you engage this service as it will be paid to them after the insurers remit the monies to the Public Trustee's Office. The other party involved will pay you Party and Party costs which you can use towards paying your Solicitor and Client's costs.

The Public Trustee also charges a fee for administering your case which can be claimed from the other party. The fees charged are as follows:

$300

Where the amount of compensation exceeds $5,000 but does not exceed $10,000

$500

Where the amount of compensation exceeds $10,000

What happens if the injured is a minor?
The Guardian can act as the minor's 'next friend' and commence any legal actions in Court on the minor's behalf. The Court will order the Public Trustee to hold the monies in trust until the minor attains the age of 21 years or to pay the compensation to the 'next friend'.

What happens if the injured is mentally unsound?
The Court will then appoint the Public Trustee or the person's next of kins as the 'Committee of Estate' to receive and manage the monies.

What are the documents required by the Public Trustee?
Your lawyer will need to submit the Motor Accident Compensation Settlement (The eService is available at IPTOOnline Portal ) to Public Trustee. The following documents will be required when called upon:

  • Police Reports and Sketch Plans;
  • Medical and Specialised Reports;
  • Coroner's Notes of Evidence and Autopsy Report (in fatal accident cases only);
  • Case authorities supporting settlement in cases involving unusual or multiple injuries;
  • A copy of the Grant of Probate/Letters of Administration in Estate Claims (if any);
  • A copy of the Judgement or Order of Court (if it is a court settlement).

How is the compensation awarded?
The approval of compensation amount will depend on the nature of the case (court settlement or out of court settlement).

Out of Court Settlement

  • The Public Trustee must first approve all out of court settlement between you and the defendant/insurer.
  • The Public Trustee will then process the application and inform your lawyer within 2 weeks if the compensation award is approved.
  • If the Public Trustee does not approve the compensation award, he will inform your lawyer to re-negotiate with the defendant/insurer or obtain an Order of Court to approve the compensation award.
  • Upon the Public Trustee's approval of the adequacy of the settlement, your lawyer will be informed to submit his proposal for his legal costs (known as 'Solicitor Client's Costs') to the Public Trustee for his recommendations. The defendant/insurer will also be directed to remit the approved compensation monies to the Public Trustee. In all cases, the Public Trustee's file reference number must be quoted.

Court Settlement

The Public Trustee's approval of motor accident compensation is not required in the following cases where:

  • Judgement (consent or otherwise) has been obtained against the defendant/insurer awarding the accident compensation; or
  • Order of Court approving the settlement; or
  • Consent Order of Court recording the settlement reached at a Pre-Trial Conference level in court or such other settlement conferences.

Thereafter, your lawyer will be informed of the Public Trustee's reference number and they will have to submit his proposal for his legal costs (known as 'Solicitor Client's Costs') to the Public Trustee for his recommendations. The defendant/insurer will also be required to remit the approved compensation to the Public Trustee.

How is the Solicitor and Client Cost determined?
In accordance with the law, all costs payable to a solicitor acting for an injured/claimant in respect of a claim or action for damages in motor accident cases must be referred to the Public Trustee for his recommendations to ensure that the costs are fair and reasonable. If there is no agreement between your lawyer and the Public Trustee as to the costs, then your lawyer must submit his Bill of costs for scrutiny and adjustment by the court (the process is known as 'taxation').

  • The Public Trustee will not make recommendations on Solicitor & Client's costs in the following cases:
  • Public Trustee's Practice Circular No. 1 of 2000 has not been compiled with;
  • Party & Party Bill of Costs have been filed and to be taxed together with Solicitor & Client Bill of Costs;
  • Costs have not been apportioned between the present and previous solicitors and separate Solicitor & Client Bill of Costs have been filed for taxation.

If your lawyer has submitted his Bill of Costs for taxation by the court, in accordance with the Court Practice Directions, he must submit the Notice of Agreement/ Disagreement to the Public Trustee within 2 days after filing their Bill of Costs and the Public Trustee must return the Notice of Agreement/Disagreement on Cost with recommendation on cost of at least four (4) days before the date fixed for taxation.

How are Compensation Monies distributed?
If your lawyer has reached an agreement with the Public Trustee as to his Solicitor & Client's costs, the Public Trust will make payment of his costs to him and the balance of the compensation (after deducting the fees of $300/$500 being the Public Trustee's administrative fees) to you via Interbank GIRO.

If your lawyer has submitted his Bill of Costs for taxation by the court, after the taxation of the Solicitor & Client's cost, your lawyer is required to submit the Registrar's Certificate of the taxation to the Public Trustee. The amount of Solicitor & Client's cost payable to the lawyer is reflected in Registrar's Certificate. Similarly, the Public Trustee will make payment of your lawyer's Solicitor & Client's costs to him and the balance to you via Interbank GIRO.

How to contact the Public Trustee?
For further inquiries, please contact:

THE PUBLIC TRUSTEE
THE URA CENTRE, EAST WING
45 MAXWELL ROAD, #05-11/06-11,
SINGAPORE 069118
TEL: 6325 1494, FAX: 6325 1418

Our Website http://www.minlaw.gov.sg/ipto/