Can You Just Leave If the Other Party Says 'It's Fine' After an Accident? Lawyer Teaches Self-Protection Methods, 'Making One Mistake' Can Result in Hit-and-Run Even Without Fault

During the evening rush hour, Xiaoming accidentally lightly hit the motorcycle behind him while reversing. The motorcycle fell over, and the rider sat on the ground. Xiaoming quickly got out of the car to check and found that the rider only had minor scrapes and could stand up on their own. The rider waved and said, 'It's fine, I'll take care of it myself.' Xiaoming thought that since the other party said it was fine, and he was in a hurry to get home for dinner, he just drove away. The next day, Xiaoming received a call from the police station, informing him that he was suspected of 'hit-and-run' and needed to go for questioning! Xiaoming was stunned. Clearly, the other party had said it was fine, so how did he suddenly become a criminal?

You cannot just leave the scene if the other party says 'it's fine' at the time of the accident. Many people, due to panic, fear, or simply lacking legal knowledge, often make a critical mistake at the scene, resulting in them going from 'no responsibility' to 'guilty.' This article will guide you step-by-step through the complete process from the accident scene to insurance claims under Taiwan's current laws, so you won't be at a loss when encountering an accident.

What should you do at the scene of an accident? The first step after an accident is to ensure your own and others' safety. According to Taiwan's current traffic management regulations, after a traffic accident, the driver has the obligation to immediately stop the vehicle, turn on the hazard lights, place warning triangles, and decide whether to call an ambulance based on the injury situation. It should be noted that even if it's just a minor collision, it is recommended to call 110 to have the police handle it. After the police arrive, they will create a 'Road Traffic Accident Scene Diagram' and a 'Road Traffic Accident Investigation Report.' These two documents are important evidence for later insurance claims and legal responsibility pursuit.

Scene self-help tips: ・Use your phone to take multi-angle photos of the scene, including vehicle damage, road marks, traffic lights, and both parties' license plates ・Record the other party's name, contact phone number, license plate number, insurance company, and policy number ・If there are witnesses, ask them to leave their contact information ・Do not move the vehicle until the police arrive to investigate ・Avoid arguing with the other party at the scene and do not lightly admit full responsibility

What should you pay attention to before moving the vehicle? One, Principle: Do not move the vehicle at will after an accident According to Article 3, Paragraph 1, Item 4 of the Traffic Accident Handling Regulations and Article 62, Paragraph 3 of the Road Traffic Management Penalty Regulations, after a traffic accident, the driver of a motor vehicle is, in principle, obliged not to 'move the accident vehicle and scene trace evidence at will.' This is to preserve evidence related to the accident scene, facilitating the clarification of accident liability. Two, Exceptions: Legal situations where the vehicle can be moved （One）No injuries and the vehicle is still drivable If there are no injuries or deaths in the accident and the vehicle can still be driven, the driver should first mark the position of the vehicle and the scene trace evidence before moving the vehicle to the side of the road or other places that do not obstruct traffic. If the vehicle obstructs traffic on the road, it may be fined between 600 and 1800 yuan. （Two）There are injuries and all parties agree to move the vehicle If there are injuries in the accident, all parties must agree to move the vehicle. Similarly, the position of the vehicle and the scene trace evidence should be marked before moving the vehicle. Three, Special situations: Necessary movement for rescue or to avoid danger If it is necessary to immediately rescue the injured or to avoid a secondary accident (such as the vehicle is in a dangerous position and must be moved to the shoulder), the driver can move the vehicle. In practice, there have been judgments stating that the defendant moved a large truck backward after the accident to facilitate rescue, which was not illegal. However, it is still recommended to mark the position as much as possible or ensure that there is evidence such as a dashcam or surveillance camera that can restore the scene, and immediately notify the police.

How to make a police record? What content is most critical? Making a police record is a crucial but often overlooked part of the legal process after an accident. The content of the record will directly affect the determination of subsequent criminal and civil liability. When making a record, please note the following: ・State the facts truthfully and do not guess: Only state what you have seen with your own eyes and what you are certain of. For uncertain details, say 'uncertain' directly, and avoid guessing to fill in the blanks, also avoiding inconsistent statements. ・Carefully check the content before signing: After the record is completed, be sure to read it word by word. If there are any errors, immediately request corrections, and confirm that each item is true before signing. ・You can apply to view or copy: According to Taiwan's current administrative regulations, the parties involved can later apply to the police to view accident-related materials, including the scene diagram and investigation report table. (Below, we detail the documents related to the accident) If you are injured at the scene and cannot accept questioning immediately, you can cooperate in making the record after your physical condition permits. It is recommended to consult a lawyer before the formal record to understand your rights.

What are the important documents after an accident? How to apply for them? 1. Party Registration Form Created by the police, it records the parties' license plates, phone numbers, and addresses. It can be used for insurance claims, accident appraisal, and mediation. The police will complete and issue it after the accident occurs. 2. Traffic Accident Scene Diagram Created by the police, it records the accident process, the positions of both parties, brake marks, etc. It can be applied for from the police department in charge within seven days after the accident occurs. 3. Initial Judgment Form It records the time and place of the accident, the name of the driver, the type and number of the vehicle, and the initial analysis of the possible cause of the accident (or violation facts). It can be applied for from the police department in charge within 30 days after the accident occurs. The initial judgment form is not determined by professionals and is only for reference, without legal binding force. If you are not satisfied with the analysis result, you can apply for an appraisal from the Vehicle Appraisal Association. 4. Vehicle Traffic Accident Appraisal Opinion Letter It should be applied to the 'Vehicle Traffic Accident Appraisal Committee' of the municipal or county (city) government. This appraisal opinion letter has high reference value for determining speeding, braking distance, accident cause, and fault ratio. If you are not satisfied with the initial appraisal result, you can apply for a review to the Review Committee according to the 'Vehicle Traffic Accident Appraisal and Review Procedures.' The appraisal opinion letter is only for reference and does not have legal binding force, but the court can still judge at its discretion. However, it is a result discussed by experts, and the judge will generally adopt it in principle.

What are the types of legal responsibilities for accidents? The legal process after an accident involves three different types of legal responsibilities, which must be understood separately. 1. Criminal Liability: If the accident causes injury or death to others, the driver may be involved in negligent injury. Such cases usually fall under 'private prosecution,' meaning that criminal liability will only be pursued if the victim or family members file a complaint. It should be noted that the criminal complaint period is only six months! Do not delay the relief period by negotiating with the other party, and it is recommended to entrust a lawyer to avoid missing the relief opportunity. If death occurs, it may constitute the crime of negligent homicide, and such cases fall under 'non-private prosecution crimes,' and the prosecutor will intervene and file a public prosecution according to the law. If you are the defendant, it is recommended to seek legal assistance as soon as possible to avoid being in a disadvantageous position. 2. Civil Liability: The victim can, according to the relevant provisions of the Civil Code, request compensation for property damage (such as vehicle repair costs) from the perpetrator under Article 184 of the Civil Code and non-property damage (such as consolation money) under Article 195 of the Civil Code. 3. Administrative Liability: According to the Road Traffic Management Penalty Regulations, violations can be fined, points can be deducted, and in serious cases, the driver's license can be suspended or revoked. The three types of responsibilities may occur simultaneously, or only one may occur, depending on the circumstances of the accident.

How to apply for insurance claims? What is the difference between compulsory insurance and voluntary insurance? Insurance claims are the part of the legal process after an accident that is most directly related to the amount of compensation. Taiwan's motor vehicle insurance is mainly divided into two types, with very different functions. Compulsory Motor Vehicle Liability Insurance (Compulsory Insurance): Compensates people but not vehicles In simple terms, compulsory insurance is the basic protection that the law requires every vehicle to insure. When an accident causes bodily injury or death to others, regardless of the attribution of the accident liability, the victim can apply for compensation from the compulsory insurance. This is a bottom-line system to protect the victim, and when applying, you need to prepare medical documents such as diagnosis certificates and receipts. Voluntary Motor Vehicle Third-Party Liability Insurance (Voluntary Insurance): Compensates both people and vehicles Voluntary insurance is an insurance type that the vehicle owner voluntarily purchases additionally. The compensation amount is usually higher than that of compulsory insurance, and it is necessary to clarify the accident liability before making a compensation claim. The victim should first request compensation from the perpetrator and then have the perpetrator apply for compensation from their insurance company. If the perpetrator ignores the victim, the victim can directly request compensation from the other party's insurance company. Basic steps for applying for insurance compensation: 1. Obtain the accident proof documents made by the police 2. Report the accident to the insurance company within five days of the accident 3. Prepare medical receipts, diagnosis certificates, vehicle repair cost estimates, and other relevant documents 4. Cooperate with the insurance company's on-site investigation or investigation 5. After receiving the compensation decision, if there are any objections, you can apply for an appeal or submit an appeal to the Financial Consumer Dispute Resolution Center

What should you pay attention to when settling an accident? Is there a statute of limitations for requesting compensation? Many accidents end up being 'settled privately,' but you must be especially cautious before settling. Do not hastily sign the settlement agreement before confirming that the injury has completely healed, as this usually means giving up the right to claim compensation later. Pay special attention to the issue of 'potential injuries': Some internal injuries or bone injuries may not show symptoms until several days after the accident. If you settle too early, it will be difficult to claim subsequent medical expenses. It is recommended to consider settlement only after receiving medical treatment and obtaining a complete diagnosis. Regarding the statute of limitations for requesting compensation, according to Article 197 of the Civil Code, from the time you know you are injured and know who hit you, you must make a request within two years, otherwise, the right will be lost; if you do not know, from the day the accident occurs, it exceeds