With effect from 1st May 2011, the Non Injury Motor Accident Protocol (NIMA) mandated by the Subordinate Courts of Singapore, to regulate and guide how road traffic motor accident claims are to be handled, has been amended to allow Insurers to carry out inspection to all damaged vehicles before repairs are carried out.

Amendments to the Non-Injury Motor Accident (NIMA) Protocol- Pre-Action Protocol

Request for Pre-Repair Inspection is mandatory

Pursuant to the amendments to the Non –Injury Motor Accident (NIMA) Protocol, dated 6 April 2011, (Ref: Memo Email No 33/2011) Auto Repairers/Workshops are Mandatorily Required to provide the option for potential defendant’s insurers (the Insurer of the potential Tort feasor who caused the accident) to inspect the damage vehicle Prior to repairs being carried out.

Notification of Pre-Repair Inspection must be in writing to the Defendant’s Insurer

The Amended Protocol further specifies that the Auto Repairers/workshop is required via written notification to provide particulars /details of the location where the damage vehicle is laid up so as to facilitate pre-repair inspection.

Pre-Repair Inspection must be carried out within 2 working days or 48 hours from the time of notification by the Repairer.

This Amendments to the Pre-Action Protocol, which has bee mandated by the Subordinate Courts of Singapore, further spells out that the potential Defendant’s Insurers are mandatorily required to carry this out within 2 working days (48 hours) from the time of notification, excluding Saturdays, Sundays and public holidays.

Compensation for the 2 working days to arrange for Pre-repair inspection

The Pre-Action Protocol confirms that the claimant must be compensated for the two days additional working days that the Defendant’s Insurer may require to arrange for pre-repair inspection.

Waiver of Pre-Repair Inspection on the part of the Defendant’s Insurer

A failure to meet this requirement will be can considered a waiver on the part of the Defendant’s Insurers and the Auto Repairers/ Workshop may on account of this waiver proceed with the repairs to the damage vehicle without obliging to the pre-repair inspection to be carried out.

A failure to meet notifies the Defendant’s Insurer of the Pre-Repair Inspection by the Repairer may allow the Court to impose costs sanctions.

A failure on the part of the Repairer/ Workshop to provide written notification to the Defendant’s Insurer of the Pre-Repair Inspection may allow the Court to impose costs sanctions on the Repairer/Workshop.