Barometer of Liability Chart v3 dated 1 Jun 08 The new scenarios and rules will be applicable for accidents occurring from 1 Jun 08 onwards.
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1 Barometer of Liability Chart v3 dated 1 Jun 08 The new scenarios and rules will be applicable for accidents occurring from 1 Jun 08 onwards. The Barometer of Liability Chart will apply in the following situations: 1. Agreed facts within an agreed scenario 2. Conflicting facts/versions of circumstances of accident within an agreed scenario (e.g. BOLA applies even if there are disputes over right of way with regards to yellow box, traffic lights, stop sign, stop line and the like) 3. Conflicting facts/versions of circumstances of accident outside BOLA scenarios to be settled at 50/50% liability. 4. Disputes on the type of BOLA scenarios to be applied to be settled at 50/50% liability 5. Regardless of the decision of Courts, FIDReC and other mediation/arbitration centres 6. Restrict to repair costs and uninsured losses (loss of use and excess) 7. Members cannot reject Third Party claim even if claim quantum is less than Third Party excess Exclusion List Note: This exclusion list will not be applicable for chain collisions. The Barometer of Liability Chart will not apply when there is : a. Independent witness affirming Right of Way through an affidavit or Statutory Declaration b. If any party involved is charged by the Traffic Police (TP) under a Traffic Offence (include TP s warning) c. Repudiation of liability d. i) Admission of liability in the report of one party or ii) there is photographic/video graphic evidence which provides conclusive results Y-Junction SCENARIO DESCRIPTION X Y 1. Vehicle X Turning out from a Side Road Reason: Vehicle approaching main road should exercise greater caution. 1
2 Y-Junction SCENARIO DESCRIPTION X Y 2. Vehicle X Turning Out from Side Road Vehicle Y Moving Straight Reason: Vehicle making a turn at an intersection should exercise greater degree of care towards on-coming traffic 3. Slip Road Vehicle X Moving along a Straight Lane trying to turn into the Side Road Vehicle Y Moving on a Turning Lane into the Side Road Reason: Vehicles should keep in the proper lane and change lane only when it is safe X-JUNCTION 4. Vehicle X Moving Straight Reason: Traffic approaching from the right has precedence 5. Vehicle X Turning Right Reason: Onus is on the turning vehicle 2
3 SCENARIO DESCRIPTION X Y 6. Vehicle X Turning Right, from opposite direction Vehicle Y Turning Left Reason: Onus is on the vehicle turning right to exercise caution while turning across junction 7. Vehicle X Turning into Main Road Reason: Any vehicle approaching main road should exercise greater caution 8. Vehicle X Turning into Main Road Reason: Any vehicle approaching main road should exercise greater caution T-JUNCTION 9. Vehicle X Turning into Main Road Reason: Traffic on main road has precedence 3
4 SCENARIO DESCRIPTION X Y 10. Vehicle X Turning into Main Road Reason: Traffic on main road has precedence U-Turns / 3-point Turns at any junction (Controlled / Uncontrolled) 11. Vehicle X U-turning *All U-turns (legal / illegal), or turns not prohibited by road markings. Reason: All vehicles making turn or u-turn across main road must exercise greater caution. 4
5 SCENARIO DESCRIPTION X Y ROUNDABOUT - Entering (Controlled / Uncontrolled) 12. Vehicle X Entering into the Roundabout Vehicle Y Moving along in the Roundabout Reason: Vehicle already in the roundabout has precedence ROUNDABOUT Both Parties Within 13. Vehicle X Changing Lane Vehicle Y Moving along Reason: Vehicles should keep in the proper lane and change lane only when it is safe. 100% 0% 5
6 SCENARIO DESCRIPTION X Y 14. STRAIGHT ROAD Vehicle X Moving out from Stationary position Vehicle Y Moving straight Reason: Vehicle moving out should exercise greater caution 15. Vehicle X - Changing lane Vehicle Y Moving in own Lane Reason: Vehicles should keep in the proper lane and change lane only when it is safe. 16. Vehicle X Encroaching / Straddling lanes Vehicle Y Moving in own Lane Reason: Vehicle should keep in lane 17. Vehicle X Straddling lane Vehicle Y Straddling lane Reason: Vehicle should keep in lane 18. Vehicle X Converging into single lane Vehicle Y - Converging into a single lane Reason: Both vehicles should exercise greater caution when merging 6
7 SCENARIO DESCRIPTION X Y 19. Vehicle X Changing lane Vehicle Y - Changing lane Reason: Both vehicles should exercise caution when changing lanes 20. Side swipe including at bend Vehicle X Moving within lane Vehicle Y Moving within lane Reason: Both vehicles should exercise consideration 21. Vehicle X Losing control of vehicle and encroaching into path of another vehicle Vehicle Y In control of car Reason: Driver must be in full control of vehicle at all times CAR PARK 22. X Moving Y Parked Reason: Moving/reversing vehicles must exercise greater care than parked vehicles 23. Vehicle X Moving forward or reversing into parking lot Vehicle Y Parked Reason: Moving /reversing vehicle must exercise greater care than parked vehicles 7
8 SCENARIO DESCRIPTION X Y 24. Vehicle X Reversing out of / Moving forward into parking lot Vehicle Y Going straight Reason: Vehicle moving out should exercise greater care 25. Vehicle X Reversing out / Moving out of parking lot Vehicle Y Reversing out / Moving out of parking lot Reason: Both vehicle should exercise caution 26. OPENING OF VEHICLE DOOR (Anywhere) Vehicle X Driver / passenger s vehicle door opened into path of other traffic Door Driver / passenger inside / outside the vehicle Vehicle Y Moving Reason: Driver should not obstruct/cause danger to passing vehicles FRONT TO REAR COLLISION 27. Driver of the vehicle X will be 100% liable for losses incurred by the vehicle Y 8
9 CHAIN COLLISION The scenarios do not apply when: 1. Malaysian vehicle is involved 2. Singapore Government vehicle is involved 3. Driver is self-insured for property damage 4. Any party is involved in unauthorised or drink-driving (with proof) The apportionment of liability applied for the scenario below will apply to collisions involving three or more vehicles. It will be applicable for claims submitted by all parties (including lawyers). SCENARIO DESCRIPTION 28. Driver of the vehicle behind will be 100% liable for losses incurred by the vehicle immediately in front only Stop Reason: To avoid costly litigation for collision damages 9
10 SUPPLEMENTARY SCENARIOS SCENARIO DESCRIPTION X Y 29 X-JUNCTION Vehicle X Turning right Vehicle Y Turning right Reason: Traffic approaching from the right has precedence. 30 Vehicle X Turning right Vehicle Y Turning right Reason: Both vehicles should exercise caution when turning right in the same direction YELLOW BOX at any junction Entering (Controlled / Uncontrolled) 31 Vehicle X turning left Reason: Any vehicle entering another road should exercise greater caution. (This will not apply if there is an independent witness or one party admits fault.) CAR PARK 32 slope X Moving and turning up / down slope Y Moving and turning down / up slope Reason: Both vehicle should exercise caution 10
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