Traffic Accident Claim - What to Do??!

Recently was involved in an accident whereby a taxi rammed into my car, causing serious damage to the car. A police officer who was at the hospital to get my contact details represented it appears to be the taxi's fault.


I really would appreciate advice from someone with similar experience/knowledge in getting the taxi driver or taxi company to bear relevant expenses. In summary, my predicaments are as follows:


1. I was taken away in an ambulance after the accident - not able to get contact details of the taxi driver/taxi company

2. Still pending to provide statement to the police, contacted them on daily basis but to no avail until today whereby they told me an officer will contact me next week

3. Quote from a garage for repairs came up to approximately HK$70k. Given the damages, am not too surprised.

4. Insurance - 3rd party, not comprehensive


I would like to know how do I proceed from here to get the taxi driver/taxi's insurance to compensate my loss? I hear that it will probably take a year to get it settled through the court, so what are my options?


Could really use some advice here as HK laws are totally foreign to me and language is also a barrier -we only speak English.


Many, many thanks in advance.

Do you know if the police have the details of the taxi driver or even the taxi's registration number? The taxi driver is required by law to have insurance and as such you can make a claim against his insurance company for any losses you suffered. Also, as you were injured, you can also claim for your medical costs. But the first thing you need to find out is exactly who the driver is.

There are 2-3 aspects to your situation.


INJURY. Irrespective of whose fault it was and how much you earn , you are allowed to claim for financial losses due to loss of work through the TAVAS in case you are unable to go to work. A bit of paperwork but quite straightforward and fair system.


Accident. If your car was ahead and you were rammed from the back then 9 times out of 10 the guy at the back pays. If he is fully insured his ins will pay your ins/you. However did anyone get his car number. If nhe went off its a hit and run. If he was there then surely the cop who took yr statement should have his details. You normally have to file a copmplaint within 24 hrs if you intend to contest. In case you were unable to do so due to injuries you may be given some leeway. My car was being delivered to me after a service by a garage and was rear ended by a cab a few months ago. They argued amongst themselvges and the cabbie paid 20000 to the garage for repairs to keep it out of the courts.

Mostly in HK (in such cases) the driver of the cab DOES NOT want a legal hassel and points on his licence so he will settle out of court. Their ins premium also shoots up so they tend to pay from their own pockets than to get involved with insurance. It all depends on the value of the damage and if that assesment is fair.

You say 70K for repairs. How much is the car worth and who quoted for it. You can get a windscreen from Zung Fu for 25000 and the same one from outside for 5000 both from the same manufacturer. The garages ask you before repairs as to who is paying for it. Once they know its an insurance claim they jack up prices by 100 to 200%. people are stingy when it comes to maintenance from their own pockets. They do go overboard when someone else is paying and want the main dealers to fix it. Bottom line is , if your glass was not broken or air bags did not go , its not a major fix.

Trace the cabbie first, get 2-3 quotes for repairs and then confront his owners.

Get in touch via email and I can give you some pointers/contacts.

One of the best resources i've found with regards to motor claims advice in Hong Kong can be located here:

http://www.kwiksure.com/website/quote/motor/accidents-claims.php

(you may want to book mark that page for future reference!)


The URL will walk you through what you're supposed to do during an accident (Call police, take pictures, exchange insurance information, etc...), what the correct steps are for repairing your vehicle, and how the insurance claims should be submitted/handled.

NBMS


Sorry to hear about your accident and trust you are not injured too badly


It will take many months to get anything from the Taxi drivers insurance, in HK insurers don't just settle third party claims straight away, it all has to go to court and only once their client is found to be legally at fault will they be bound to reimburse. On rare occasions you may be able to pressure the other insurance company into paying up straight away but almost impossible with a Taxi insurer. I don't think you will find a Taxi driver willing to hand over 70k of his own money


Taxis and Minibus's are not insured with the big boys, they are local insurers who take on the highrisk vehicles and will make you go all the way to get the money back.


This is the advantage of taking comprehensive insurance, you don't have this hassle to deal with, you claim on your policy and then let your insurer have the hassle of recovering their money and your excess.


Right now, you can only insist that the Police prosecute him for careless driving, once you receive a letter confirming he has been found guilty you can forward this letter to his insurer for reimbursement.


Please make sure, you keep lots of photo's of the damaged car before and after repairs, all receipts, including any Taxi's you have had to use whilst your car is out of action. You may also consider appointing an independent surveyor to make a report confirming the repair costs are correct and not inflated by your garage.


If you seek to claim for bodily injury, ask the Police now for his insurers details and contact them, they may be legally obliged to settle medical bills earlier.


Good luck

Hello all,

Many thanks for the kind advice..and thank you scrugby for the link, have been googling for similar site as well but didnt get much info till this link.


We do have the cab's registration number but no other details (driver's name, which cab company, etc). We tried the transport dpt as well but dead end again. It looks like we have to wait till we give official statement to police next week. Just hoping that the taxi wont be using that as an excuse (i.e. the fact we waited 2-3 week before officially contacting them)...


Vak - i guess its going to be a pretty major fix as all glasses were shattered except for front windshield and driver's window..all others including rear windshield nonexistence anymore :( i also already PM'ed you...


Thanks again all! Very much appreciated...

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


Typically, the police would have details of the taxi driver/taxi company. You may wish to obtain further information from them. You may also report the incident to your insurer and they can follow up on the claim. If you have sustained injury during the accident, you may have a personal injury claim against the taxi driver/taxi company. You should try to keep a complete note/report regarding the accident and your injury (e.g. details of the accident, medical reports, a daily diary of your pain and discomfort, medical invoices, recovering process, repair invoices for the vehicle, correspondence of the parties involved (if any) etc.). Please note that the limitation period for a personal injury claim is 3 years from the date of accident.


We suggest you set up a conference with us so that we can obtain further instructions from you and advise accordingly. Please contact our senior solicitor, Mr. Weir, on 2526-1767 or email to weirlaw@weirandassociates.com


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

Theatre Lane

20 Des Voeux Road Central

Central

Hong Kog

Tel : 2526-1767

Fax ; 2868-3568

email : WeirLaw@weirandassociates.com

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