Traffic Accident Compensation
Traffic Accidents [including Personal Injury/Negligence Claims]
Whether you are a driver, passenger, cyclist, or pedestrian, if you are injured in a traffic accident on the road, you will want to seek compensation.
You can consult our professional lawyers for free legal advice.
Generally speaking, the lawyer will first ask the injured person about the accident, and then obtain the evidence and documents required for the claim from the relevant departments or institutions. After obtaining the relevant information and documents, a claim letter will be sent to the party who needs to bear the negligence liability to make a claim. After receiving the claim letter, the other party must make a constructive response within the deadline. If the other party does not give a constructive response within the deadline or the two parties fail to reach a settlement through negotiation, the injured person has the right to immediately file a lawsuit in court.
Initiating litigation does not mean starting a lawsuit. In many cases, both parties can resolve the case through “out-of-court settlement”, such as negotiating with the other party or using alternative resolution procedures (such as mediation) to resolve the dispute. These methods can reduce the time and expenses spent on legal proceedings; so that the injured party can obtain reasonable compensation as soon as possible. Only when the two parties fail to reach a settlement will the case be heard and decided by the court. In this regard, B.Mak & Co Solicitors provides you with free legal advice.
According to the Limitation Ordinance, the time limit for personal injury claims is 3 years from the date of the accident, that is, the claimant needs to file a claim and initiate litigation within 3 years from the date of the accident. However, if the claimant was a minor when the accident occurred, the time limit for claims is 3 years from the date on which the claimant reaches adulthood, that is, the claimant needs to file a claim and initiate litigation within 3 years from the date on which he/she turns 18. If the claimant or the estate representative of the deceased has sufficient and reasonable grounds and provides relevant evidence, the court may extend the time limit for claims in individual cases and litigation.
When occurs a traffic accident, what should the driver do?
- According to Hong Kong law, if a traffic accident causes injuries or damage to public property, it is the driver who needs to call the police. If you are unfortunately involved in a traffic accident, you should stop the vehicle you are driving immediately, remain calm and call the police for help as soon as possible. Do not move your vehicle. If circumstances permit, you may also take photos of the accident scene and the damage to the vehicle as a record, and provide them to the police for investigation. When the police take your statement, you must clearly state the details of the accident in your statement and provide the relevant accident photos to the police for record.
2. If you are injured as a result of this accident, you should remain calm and wait for the paramedics to arrive at the scene to understand your condition. You should also clearly explain to the paramedics where your injuries are or whether you need to be sent to hospital for further examination.
If you think you were not injured at the time of the accident, but feel unwell later, you should immediately go to a nearby hospital/clinic for consultation and explain the details of your injury (such as the date of the accident, the course of the accident, etc.) to the doctor, and keep all medical receipts and medical documents (such as sick leave notes/review sheets) in a safe place.
To protect your legal rights and those of the vehicle involved in the accident, you or the registered owner of the vehicle must notify the automobile insurance company of your vehicle (the “Insurer”) immediately after the accident. General automobile insurance policies all have a “report immediately upon accident” clause. Although the “immediate report” clause does not clearly state the time limit criteria, it can be understood from common sense/reasonableness (for example: the accident happened late at night or on a holiday and the insurance company could not be notified). You or the registered owner of the vehicle (the “Insured”) should notify the insurance company as soon as possible on business days and follow up on the relevant accident reporting procedures.) In view of the fact that each insurance company may have different clauses, in order to avoid affecting the protection of both parties, you should clearly understand the relevant matters from the insurance company.
Note: If the insured fails to comply with and/or violates the above terms, the insurance company may not accept the application and will not make any compensation.
4. Sometimes the other driver may propose to settle the traffic accident privately with you and sign a settlement agreement document. In view of the fact that you are unable to make a reasonable assessment of your own injuries or losses (including vehicle) immediately, in order to avoid any impact on your legal rights and interests, remember that you should not agree to a settlement agreement or sign any settlement agreement document privately.
General Compensation Amount
- Calculated based on the severity of the injury – Based on the specialist doctor’s report and specialist doctor’s assessment
- The longer the injured person’s sick leave, the more surgeries he or she has, and the more serious his or her condition, the higher the amount of pain and suffering compensation will be.
- If a coma is caused, the general compensation is based on the loss of enjoyment of life, not just the pain and suffering during the period (because there may be no consciousness before the coma)
After the injury, compensation can be calculated based on the monthly income before the accident during the recognized sick leave period. However, after the sick leave is over, if it takes a longer time to find a new worker and earn the pre-injury income, the court will The amount of “unemployment” for several months will be granted to the plaintiff without sick leave. If the new job does not provide the same salary or less income as before, you can make a “difference” claim.
Non-pecuniary loss:
- Pain and suffering
- Loss of amenities
Pecuniary loss:
- Medical expenses
- Transportation fees
- Care and attention
- Tonic food
- Loss of future earnings
- Loss of earnings
- Rehabilitation equipment, such as a wheelchair
- Interest on compensation
Amount of civil claim
Small Claims Tribunal – less than HK$75,000
District Court – HK$75,000 – $3,000,000
High Court – HK$3,000,000 and above
As each case is complex and the legal documents or legal procedures involved are not the same, it is recommended to seek professional legal advice and consultation as soon as possible, reach us contact us at your convenience.