What to Do If You Receive a Summons After a Car Accident? Lawyer Teaches You 5 Steps to Self-Protection, Failure to Appear May Result in Arrest

On a Saturday morning, Xiao Ming sipped on his large iced milk while opening his apartment mailbox. A 'Criminal Summons' with a large red stamp stood out, with his name written on it. Ah Ming's head went blank for a moment, recalling the minor car accident that had happened three months ago at the alleyway—he thought it was nothing, but the other party actually took it to court! 'Am I going to be imprisoned? Is this a scam?' Countless panic made his palms sweat. If you receive a summons after a car accident, don't panic first! This does not mean you are definitely guilty, but rather a notification that the judicial procedure has been initiated. Receiving a summons after a car accident means you may face criminal prosecution or civil claims, and you must handle it seriously and never ignore it. Simply put, receiving a summons does not mean you are definitely guilty or definitely have to pay money, but you must appear in court or respond within the deadline. This article will help you understand the meaning of receiving a summons after a car accident, the difference between criminal and civil cases, and the actions you should take. What does receiving a summons after a car accident mean? Summons: A formal document issued by the court or prosecutor's office notifying you to appear at a specific time and place. Receiving a summons does not mean you have been found guilty, but rather the first step of the judicial procedure has been initiated. After receiving a summons for a car accident, there are usually two situations: Issued by the prosecutor's office, indicating that the case is still in the investigation stage by the prosecutor; however, this does not necessarily mean someone has filed a 'complaint'—offenses such as negligent homicide or hit-and-run are non-complainable offenses, and can be investigated upon being reported by others or initiated by the police or prosecutors. Issued by the court—this time you need to pay special attention to which court it is: Criminal Court, indicating that the case has been prosecuted and entered the trial procedure; Civil Court, which is the other party making a claim for damages against you; as car accidents are compulsory mediation cases, the first notice is often a 'mediation notice,' and only after the mediation fails will the court procedure begin. The two have different natures and different handling methods, and you must first confirm the issuing unit and case number on the summons. How to determine the authenticity of the summons? Will it be a scam? 1. Confirm the 'issuing unit' and 'case number' A legal summons must contain: Full name of the issuing unit: Should be '○○ District Prosecutor's Office' or '○○ District Court' (e.g., Taipei District Prosecutor's Office, New Taipei District Court). Case number: The format is usually 'year + letter + case number' (e.g., Case No. 12345 of the 115th year, Traffic Negligent Injury Case, Case No. 678 of the 115th year, Negligent Injury Case, Case No. 90 of the 115th year, Hit-and-Run Case). Common letters for traffic criminal cases are: 'Investigation' and 'Other' (those transferred for mediation are 'Mediation Investigation,' and those apprehended by warrant are 'Investigation Arrest'); the first instance is 'Traffic Business' (negligent injury), 'Traffic Simple' (prosecutor requests simple judgment for punishment), 'Traffic Litigation' (hit-and-run, etc.). If the letter on the summons does not match the type of case, you should be alert. Characteristics of fraudulent summons: Only 'Court' or 'Prosecutor's Office' is written, without the complete unit name. The case number format is strange (e.g., 'Legal No. XXX' is not a standard format). There is no handling section, judge's name, or court clerk's name, or no official seal. 2. Verify the 'time to appear' and 'place to appear' Legal summons: Time: Usually in the morning or afternoon on weekdays. Place: The official court address of each district court or prosecutor's office. Characteristics of fraudulent summons: Require appearance at night or on holidays. Specify a location that is not a court or prosecutor's office (it is recommended to check the exact location), or even write 'video court hearing.' ⚠️ Currently, in Taiwanese judicial practice, during the investigation or trial procedure, it is almost never required for the defendant to report via video (there is a legal remote video interrogation system for witnesses; see the explanation below). If the summons requires 'joining a designated LINE account for the court hearing' or 'going to a certain café or place,' it is highly likely to be a scam. 3. Pay attention to whether the summons contains threats or forced remittance Legal summons: Contains the court hearing time, place, case number, and identity to appear, and the words 'may be ordered to be detained' for those who do not appear without just cause. It will never require 'remittance of bail,' 'payment of fines,' or 'remittance to a designated account.' Characteristics of fraudulent summons: The summons states: 'If bail is not paid immediately, personnel will be detained.' Require 'remittance to a court-designated account to prove innocence.' Attach an unclear link or barcode. 4. Directly inquire by phone 1. Do not call the phone number printed on the summons, as fraudsters will leave their own number. 2. Through the official website of the Judicial Yuan (www.judicial.gov.tw) or the official websites of various courts/district prosecutor's offices, check the correct phone number of the handling section. 3. Manually dial the correct phone number, state your ID number and case number, and inquire whether there is indeed such a court notice. Note! Requiring you to use LINE or private channels for 'video court hearing' is a scam: Courts and prosecutor's offices indeed have a legal remote video interrogation system (Criminal Procedure Act Article 177 Paragraph 2, Paragraph 4, Civil Procedure Act Article 305 Paragraph 5), but it is always conducted in official places such as courts, prosecutor's offices, and detention centers, using official equipment, and you will be formally notified of the place to appear. If you are required to join LINE, download an app from an unknown source, or go to a café or other private location for 'video court hearing,' it is a scam. The address must be correct: A legal summons will definitely write the complete address of 'Taiwan ○○ District Court' or 'Taiwan ○○ District Prosecutor's Office,' not a café or park. What is the difference between a criminal summons and a civil court notice? Comparison Item Criminal Summons Civil Summons Procedure Stage Investigation Stage: Issued by the district prosecutor's office, notifying the parties to accept the prosecutor's interrogation. Trial Stage: Issued by the court's criminal court, notifying the parties to participate in the trial date. Litigation Stage: Issued by the court's civil court, notifying the parties to participate in the oral argument or mediation procedure. Main Purpose Investigation Stage: To clarify the facts of the crime and the suspicion, investigated by the prosecutor. Trial Stage: To determine whether the defendant is guilty, tried by the judge. To resolve private rights disputes (such as damages) between the parties, adjudicated by the judge. Legal Meaning Represents the state's exercise of criminal punishment power, prosecuting the accused criminal act. The parties may face state sanctions (fines, detention, imprisonment, etc.). Represents the right holder (plaintiff) asserting their civil rights (such as compensation) against the obligor (defendant) through judicial means. Legal Effect Defendant fails to appear without just cause: The prosecutor or judge may order detention, and if there are statutory grounds, may even issue a warrant. Witness fails to appear without just cause: May be fined and ordered to be detained. Affects the judgment: In the first instance, the defendant's failure to appear generally means the case cannot be tried (Criminal Procedure Act Article 281 Paragraph 1), and the court should handle it through detention procedures; only in cases where detention, fines, or acquittal or innocence are to be pronounced, may the court proceed with judgment without the defendant's statement (same law Article 306). After the case is appealed to the second instance, if the defendant, after being lawfully summoned, fails to appear without just cause, the court may proceed with judgment without the defendant's statement (same law Article 371). Defendant fails to appear without just cause: The court may, pursuant to Article 385 of the Civil Procedure Act, make a one-party argument judgment at the plaintiff's request. Affects the litigation result: Will lose the opportunity to defend in court and present evidence. Party Identity Defendant: The person suspected of committing a crime. Complaint party: The victim of the crime, the person who files the complaint. Witness: A person who witnessed or knew the case. Defendant: The person requested by the plaintiff to perform the obligation. Plaintiff: The person asserting rights and requesting compensation. Core of Trial Determines whether the act constitutes a crime: Examines the actor's subjective criminal intent, objective act, and causal relationship. Determines whether damage compensation liability exists: Examines the constituent elements of the tort, the scope of damage, and the proportion of negligence. Effect of Settlement Complaint-based crimes (such as negligent injury): If both parties reach a settlement and the complaint party withdraws the complaint before the end of the oral argument in the first instance, the case will be terminated. Non-complaint-based crimes (such as negligent homicide): Settlement can only be used as a reference for sentencing and cannot terminate the case. If both parties reach a settlement in litigation, it has the same effect as a final judgment. If it is an out-of-court settlement, it is a private law contract, and whether it is performed depends on the self-discipline of both parties or another lawsuit for performance. ⚠️ Note: The summons will definitely state your identity, whether you are the 'defendant,' 'complaint party,' or 'witness.' Different identities have significant differences in legal consequences, so please read the contents of the summons carefully. Defendant: If lawfully summoned and fails to appear without just cause, the prosecutor or judge may issue a warrant to compel appearance. Complaint party: No obligation to appear, but failure to appear may affect the investigation; however, if the prosecutor summons the complaint party in the capacity of a 'witness,' there is an obligation to appear, and failure to appear without just cause may result in a fine of up to NT$30,000 and may be detained (Criminal Procedure Act Article 178), so please confirm the identity stated on the summons. Witness: Failure to appear without just cause may result in a fine and detention. According to current Taiwanese law, the most common criminal liability related to car accidents is 'negligent injury' or 'negligent homicide'; if the perpetrator leaves the scene, it also constitutes the crime of hit-and-run under Article 185-4 of the Criminal Code, with a penalty of 6 months to 5 years imprisonment for causing injury and fleeing, and 1 year to 7 years imprisonment for causing death or serious injury and fleeing, and it is non-complainable, meaning it is not exempt from liability even if reconciled with the victim; civil liability is to compensate the other party for the damage suffered in the accident, including medical expenses, loss of income, consolation money, etc.