
Situation: A car had hit my scooter a few months back for the terrible driving of the drunk driver. He had promised me to pay for the damage after one week from the accident. Now he refuses to pay for the damage. What should I do?
Singapore Road Traffic Act (RTA)
SECTION 67 (RTA), most significantly, defines the offenses arising from drink driving,
The guilty is accountable in the following cases –
- They become incapable of driving and mustering proper control over the vehicle by alcohol.
- Exceed the permissible limit of alcohol content in the blood.
Alochol limit and penalty
The alcohol limit in Singapore is 35mg of alcohol in 100mL breath or 80mg alcohol in 100mL blood.
Drunken driving invites a penalty between $2000 to $10,000 and suspension of driver’s license, sometimes leading up to imprisonment up to a year.
Arresting officers can arrest the accused without a warrant. Repeat offenders receive a more severe punishment.
Solution
- If the drunk driving leads to an injury or damages, you are eligible for compensation from the accused.
- Make sure you have the agreement in writing, making it permissible in court.
- If the guilty refuses to pay for expenses, you can approach a lawyer or consultant and take the matter to court. The court passes a judgment that holds the guilty accountable and ensures you receive your due compensation by law order.
- The compensation ideally covers any repair jobs or medical bills concerned with the incident.
- It is advisable to involve a third-party liability coverage to ensure you do not bear the expense and hospital charges.
- Singapore citizens rely heavily on two-wheelers, and insurance companies ensure affordable schemes are available for the everyday commuter.
Press charges on driver
If the driver does not comply with the agreement, you can press charges against them.
The court determines an appropriate punishment for the case based on the intensity of intoxication and the degree of harm that arises from it.
Injury categories
The court categorizes the degree of injury into four broad categories –
Slight: Property damages and minor injuries that do not involve hospitalization.
Moderate: Serious property damage and injuries requiring treatments; however, no fractures or permanent damage.
Serious: Personal injuries, including fractures, permanent damage, and surgeries.
Very Serious: Injuries leading to amputation, visual or hearing impairment, etc.
The court collates the degree of damage with the excess alcohol content in the accused person’s person as taken by the breath analyzer test and the manner of driving by the drunk driver.
Its final verdict pertains to an appropriate punishment for the guilty and compensation of the victim.
However, the accused can defend their case by proving the breath analyzer was faulty, or the alcohol test was inaccurate due to medication or any medical condition.
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