• Document: 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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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 SCENARIO DESCRIPTION X Y Y-Junction 1. Vehicle X – Turning out from a 100% 0% Side Road Vehicle Y – Moving Straight Ahead Reason: Vehicle approaching main road should exercise greater caution. 1 SCENARIO DESCRIPTION X Y Y-Junction Vehicle X – Turning Out from 2. Side Road 100% 0% Vehicle Y –Moving Straight Ahead Reason: Vehicle making a turn at an intersection should exercise greater degree of care towards on-coming traffic Slip Road Vehicle X – Moving along a 3. Straight Lane trying to turn into 100% 0% 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 Vehicle Y – Moving Straight 100% 0% Reason: Traffic approaching from the right has precedence 5. Vehicle X – Turning Right Vehicle Y – Moving Straight 100% 0% Reason: Onus is on the turning vehicle 2 SCENARIO DESCRIPTION X Y Vehicle X – Turning Right, 6. from opposite direction 100% 0% 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 100% 0% Vehicle Y – Moving Straight Ahead Reason: Any vehicle approaching main road should exercise greater caution 8. Vehicle X – Turning into Main Road 100% 0% Vehicle Y – Moving Straight Ah

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