Singapore legislation

Section 4

of Motor Vehicles (Third-Party Risks and Compensation) Act 1960

Section 4

Requirements in respect of policies and securities

Amended by22/201322/2013

(1)

In order to comply with the requirements of this Act, a policy of insurance must, subject to subsection (4), be a policy which —

(a)

is issued by an insurer who at the time the policy is issued is lawfully carrying on motor insurance business in Singapore; and

(b)

insures the person, persons or classes of persons that may be specified in the policy in respect of any liability which may be incurred by him, her or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the motor vehicle in Singapore and in any territory specified in the Schedule.

(2)

It is declared that a policy of insurance —

(a)

which was issued on or before 21 October 1998 by an insurer who at the time the policy was issued was lawfully carrying on motor insurance business in Singapore; and

(b)

which insures the person, persons or classes of persons that may be specified in the policy in respect of any liability which may be incurred by him, her or them in respect of the death of or bodily injury to any person caused by or arising out of the use of a motor vehicle in any territory specified in the Schedule,is deemed always to have been a policy of insurance —

(c)

issued for the purposes of this Act; and

(d)

under which third parties are conferred rights by sections 9, 11, 13 and 14.

(3)

Nothing in subsection (2) affects the rights of any person under any judgment given by any court of law before 21 October 1998 in respect of any claim arising under a policy of insurance which falls within the description of that subsection.

(4)

A policy of insurance is not, by virtue of subsection (1)(b), required to cover —

(a)

liability in respect of the death, arising out of and in the course of his or her employment, of a person in the employment of a person insured by the policy or of bodily injury sustained by such a person arising out of and in the course of his or her employment; or

(b)

any contractual liability.

(5)

Where any payment is made (whether or not with an admission of liability) by —

(a)

an insurer under or in consequence of a policy issued under this Act;

(b)

the owner of a motor vehicle in relation to the user of which a security under subsection (11) is in force; or

(c)

the owner of a motor vehicle who has made a deposit under section 3,in respect of the death of or bodily injury to any person arising out of the use of a motor vehicle on a road in Singapore or in any territory specified in the Schedule, and the person who has so died or been bodily injured has, to the knowledge of the insurer or the owner (as the case may be) received treatment at a hospital, whether as an in‑patient, or as an outpatient, in respect of the injury so arising, there must also be paid by the insurer or the owner to the hospital the expenses reasonably incurred by the hospital in affording that treatment, after deducting from those expenses any moneys actually received by the hospital in payment of a specific charge for that treatment.

Amended by22/2013

(6)

The amount to be paid by the insurer or the owner under subsection (5) must not exceed $400 for each person so treated as an in-patient or $40 for each person so treated as an outpatient.

Amended by22/2013

(7)

In subsection (5) —

Definition

“expenses reasonably incurred” means —

(a)

in relation to a person who receives in-patient treatment at any hospital as an in-patient, an amount for each day the person is maintained in the hospital representing the average daily cost for each in-patient of the maintenance of the hospital and the staff of the hospital and the maintenance and treatment of the in-patients in the hospital; and

(b)

in relation to a person who receives treatment at a hospital as an outpatient, reasonable expenses actually incurred;

Definition

“hospital” means an institution (not being an institution carried on for profit) which provides medical or surgical treatment for in-patients.

(8)

Despite anything in any Act, a person issuing a policy of insurance under this section is liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons.

(9)

A policy is of no effect for the purposes of this Act unless there is issued by the insurer to the person by whom the policy is effected a certificate (called in this Act a certificate of insurance) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.

(10)

Different forms and different particulars may be prescribed in relation to different cases or circumstances under subsection (9).

(11)

In order to comply with the requirements of this Act, a security must —

(a)

be given either by an insurer approved by the Minister or by some body of persons approved by the Minister which carries on the business of giving securities of a like kind; and

(b)

consist of an undertaking by the giver of the security to make good, subject to any conditions specified in the undertaking and up to the amount in the case of an undertaking relating to the use of public service vehicles of not less than $225,000 and in any other case of not less than $45,000, any failure by the owner of the vehicle or any other persons or classes of persons that may be specified in the security duly to discharge any such liability as is required to be covered by a policy of insurance under this section which may be incurred by him, her or them.

(12)

A security is of no effect for the purposes of this Act unless there is issued by the person giving the security to the persons to whom it is given a certificate (called in this Act a certificate of security) in the prescribed form and containing such particulars of any conditions subject to which the security is issued and of any other matters as may be prescribed.

(13)

Different forms and different particulars may be prescribed in relation to different cases or circumstances under subsection (12).

(14)

The Minister may require the insurer to furnish any returns and information relating to the motor vehicle insurance business carried on by the insurer that the Minister may require.