A Must-Read for Car Owners | A Complete Guide to Handling Traffic Accidents
As one of the world's most densely populated cities, Hong Kong naturally has a significantly higher chance of encountering traffic accidents. While witnessing other traffic accidents on the road is certainly a way to avoid disaster, what should a car owner do if they are unfortunately involved in one themselves? The following will explain in detail the steps for handling a traffic accident to ensure your safety
In any emergency, personal safety should be the primary consideration
In the event of any traffic accident, regardless of its severity, personal safety should be the primary consideration, including for oneself and other road users. Therefore, after an accident, the driver should immediately stop the vehicle and turn on the hazard warning lights (i.e., emergency lights) to warn other road users of the changed situation. If there are no fatalities or serious property damage, the driver must move the vehicle to a safe place as quickly as possible; on highways, this means moving to the shoulder or the far left lane. Otherwise, the driver must not move or interfere with the vehicle without police permission
If possible, the driver should stop the vehicle, turn off the engine, and remove any flammable materials to prevent a fire. The driver should also check the fuel tank for leaks when it is safe to do so
If it is safe to do so, the driver should take photos or videos of the scene, recording the license plate number of the vehicle involved, the location of the accident, the loss of property, the driver's phone number, and any witness information, for use when reporting to the insurance company
Even in the event of a minor accident, reporting to the insurance company is the best course of action
Most traffic accidents are minor, involving only minor damage to vehicles without any fatalities or damage to public property. Drivers do not need to report to the police, and the two parties usually settle the matter privately
The typical settlement process involves both parties signing a settlement agreement, specifying the names, license plate numbers, ID card numbers, contact information, time and location of the accident, and that the nature of the incident is minor. This legally binding document, signed by both parties, protects their rights, ensuring that neither party pursues further action or reports the incident to the police after the initial settlement
However, under no circumstances is it recommended that car owners settle privately, as the contents of a typical settlement agreement lack legal interpretation. Even after both parties sign it, the other car owner still has the opportunity to pursue liability and compensation through legal proceedings.
Insurance companies may also refuse any subsequent claims due to a car owner's decision to settle or pay compensation privately (commonly known as "kicking the insurance company").
After an accident, it is recommended that car owners call the police to record the scene and take statements, and immediately notify the insurance company. If the police investigation is completed and there is a possibility of prosecution against the relevant car owner, the claimant can then seek compensation from the other party after the court determines liability for the accident.
Full coverage includes "third-party liability recovery service"
If the accident is confirmed to be caused by a third party, car owners with comprehensive insurance can usually obtain "third-party liability recovery services" through their insurance company, allowing the insurance company to pursue compensation from the third party. After successful recovery, the insured car owner can get a refund of the prepayment and may even retain the original NCD
Car owners who only purchase the minimum required third-party liability insurance (3-insurance) under the law generally do not enjoy the insurance company's service of pursuing claims against third parties, and car owners must make claims against the other party themselves
Serious accidents must be reported to the police immediately
If a vehicle owner is involved in a serious traffic accident, including fatalities or serious damage to vehicles or public property, they must not move anything except in emergency situations such as rescuing people or fighting fires, and must immediately call the police. If, for any reason, they are unable to call the police immediately, they must go to the nearest police station or report the accident to any police officer as soon as possible and no later than 24 hours after the accident
Those who damage public property must compensate the government
It is worth noting that if public property is hit in a traffic accident, the vehicle owner is required by law to report the incident to the police. After the police open an investigation, the Highways Department will send personnel to conduct an on-site inspection, determine the scope of repairs, and calculate the repair costs based on the repair contract, including the salaries of the construction workers and the prices of materials, before seeking compensation from the vehicle owner
| Government property | Compensation Calculation and Price List |
|---|---|
| railing | Approximately $400 per meter |
| Road sign | Approximately $500 |
| Traffic island light boxes | Approximately $1,000 |
| Fire faucet | Approximately $8,000 to $9,000 |
| crash barriers, accordion-style crash barriers | Approximately $90,000 |
| Parking meter, meter lever | The price ranges from approximately $310 to $1,400 |
| Traffic lights, lampposts | Approximately $15,000 |
If the party involved fails to compensate the government before the deadline, the government will pursue legal action to recover the compensation. If the party involved objects to the amount of compensation, they can submit their objection to the government, and the Transport Department will then review the case. If the vehicle owner remembers recording the damage at the scene with photos or videos after the accident, it will help them to present their objection
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