According to the Traffic Accident Victims (Assistance Fund) Ordinance, Chapter 229, a traffic accident refers to an accident directly resulting in the death or injury of any person due to the use of any vehicle or the presence of any vehicle on the road.

This type of claim is not limited to the type and location of the illness, but you must provide sufficient medical evidence to prove that the injury or illness was caused by work.

If a road user, whether a pedestrian, passenger or driver, suffers a traffic accident due to the negligence or reckless behavior of others, the negligent person may not only face criminal liability, but the injured person or the victim’s family may be able to claim compensation for the negligent person’s negligence. If the victim suffers any personal injury or death, and if the victim suffers psychological distress that affects daily activities, the victim may file a civil lawsuit against the negligent person and the insurance company or owner of the vehicle involved to seek reasonable compensation.

Usually, a traffic accident case may involve the negligence/careless driving/dangerous driving of one or more drivers. Depending on the severity of the injured person’s injuries, civil means can generally be used, with a lawyer representing the driver to recover personal injury losses from the driver who caused the accident and his third-party insurance company (commonly known as “third insurance” or “auto insurance”).

According to the Motor Vehicle Insurance (Third Party Risks) Ordinance, Chapter 272, the driver who causes a traffic accident must be legally responsible for the death or bodily injury of any person caused or caused by the use of the car on the road.

When a traffic accident occurs, you can take the following steps if circumstances permit:

⦁ Ensure the safety of yourself and those traveling with you, check whether you are injured or physically unwell, and if you are a driver, turn on your hazard warning lights;

⦁ Call 999 to call the police and ask for an ambulance to be sent to the hospital for treatment or examination to protect yourself, as some symptoms may not appear immediately;;

⦁ Where feasible and safe, collect and preserve evidence of the accident, such as obtaining contact information from witnesses and taking photos of the vehicle’s location and skid marks. (If the accident occurs on the highway, please pay special attention to personal safety);

⦁ Tell the police officers on scene exactly what happened;

⦁ After arriving at the hospital, tell the doctor what happened, as well as the pain, numbness, and other discomforts you felt in various parts of your body.

⦁ It is worth noting that many injuries caused by traffic accidents may not appear immediately, such as some involving cervical vertebrae, bone fractures, or even psychological symptoms caused by accidents such as post-traumatic stress disorder (PTSD). Therefore, it is particularly important to obtain timely treatment and examination, which will also affect the amount of compensation you may receive in future claims.

In many traffic accident cases, the injured may reach a private settlement on their own because they are afraid of trouble or because their injuries are minor. However, this actually has hidden risks. For example, if the driver involved does not notify the car insurance company to intervene to help deal with the accident, and when the injured person further pursues other losses (such as personal injury claims) at a later time, the third insurance will be The right to reject a claim application. If the injured person misjudges the extent of his or her injuries, the relevant settlement may affect his or her right to recover in the future.

In general personal injury cases involving traffic accidents, the losses recoverable by claimants include:

⦁ Pain, suffering and loss of enjoyment of life (PSLA);

⦁ Loss of income and future ability to work;

⦁ Special Damages (i.e. medical expenses, supplements, transportation expenses, etc.).

⦁ Lawyer fees?

⦁ Whenever you are injured in a traffic accident, a lawyer can analyze the liability issues for you, whether negligence is involved, give you an opinion on the amount of compensation, and represent you in negotiating with the negligent driver and his third-party insurance company or filing a claim.

In accident cases, lawyers usually conduct a preliminary assessment for the injured. The injured usually only need to put down a few thousand to ten or twenty thousand dollars as a deposit for legal fees, instead of the hundreds of thousands or even one million that people often worry about. The remaining balance is After winning the case, it will be paid by the defendant. In some cases, the plaintiff’s lawyer will ask for it from the other party’s third-party insurance company. The plaintiff may also be able to apply for legal aid and details of fees should be sought from a claims lawyer.

It is worth noting that the lawyer will never divide your compensation, such as asking for 30% of the final compensation as a fee, because this is illegal. On the contrary, some of the so-called claims agents in the market act in the name of “notary public”. In addition to committing crimes related to unlicensed practice, they often solicit claims with “no win, no fee”, illegally divide the compensation of the injured, and violate Hong Kong laws related to solicitation. Litigation offenses.