【Visitors Accident Dealing with Information】When to report back to insurance coverage? Together with settlement settlement template

Visitors Accident / Collision Dealing with Strategies

A automobile collision / site visitors accident could be divided into three conditions: “you hit one other automobile / individual,” “one other automobile hits you,” and “you hit one other object (self-crash).” Whatever the scenario and the severity of the accident, the preliminary response steps are the identical:

1. Keep Calm

It seems like a cliché, however many individuals overlook this level after a collision, and are dominated by panic or anger, which may result in making fallacious selections or additional escalating the scenario.

2. Verify if anybody stories being injured

Along with your self, you need to examine if there are any accidents among the many passengers within the automobile. It’s value noting that for many individuals, bodily trauma or sequelae solely start to seem a couple of days after the collision, so it is strongly recommended that drivers be cautious and report an damage even when they’ve minor discomfort similar to dizziness. If somebody is injured, it’s essential to instantly report back to the police.

3. Cease the automobile, get out when protected

Drivers shouldn’t drive the automobile to a different location, as a result of in line with the Highway Visitors Ordinance, until the scene is harmful, you or anybody else shouldn’t transfer or intervene with the automobiles concerned within the accident with out the permission of a police officer. The motive force ought to cease the automobile, flip off the engine, pull the handbrake, get out and transfer to a protected location after making certain the street situations are protected, or keep within the automobile to await rescue.

Ought to a site visitors accident be reported to the police or settled privately?

If somebody stories an damage, animal damage or dying, or entails critical property injury, the motive force ought to name the police for assist when protected, after which declare compensation from the insurance coverage firm. For the reason that declare quantity could be astronomical, non-public settlement ought to completely not be chosen.If it’s a minor accident (e.g., a scratch on the automobile physique) and nobody is injured, each drivers can resolve to settle privately or declare compensation from the insurance coverage firm.

Reporting to the Police and Reporting to Insurance coverage: Execs and Cons

Whether or not selecting non-public settlement or reporting to insurance coverage, Kwiksure recommends that drivers all the time report back to the police first.

Execs

Though in line with the present Hong Kong legislation, drivers are usually not obliged to report back to the police if the collision doesn’t contain damage or dying, reporting to the police no less than offers a case file quantity, which comparatively protects each drivers and makes it simpler to pursue authorized motion if somebody goes again on their phrase or defaults later. Some insurance coverage corporations additionally need shoppers to report back to the police for report functions to show the authenticity of the declare.

Cons

Reporting to the police requires giving an announcement on the police station and ready for a courtroom listening to for the choose to rule, which takes appreciable effort and time. Even if you’re finally dominated in your favor, it takes a time period earlier than you’ll be able to efficiently obtain compensation.

Personal Settlement: Execs and Cons

Execs

The good thing about non-public settlement is that it might probably save the doubtless prolonged declare course of afterward, and won’t enhance subsequent yr’s premium or have an effect on subsequent yr’s NCD/NCB No Claims Low cost. If the declare quantity is decrease than the “deductible,” non-public settlement also can save the motive force cash.

Cons

As soon as each events resolve to settle privately, it means you will have forfeited the correct to assert compensation from the insurance coverage firm sooner or later! If the opposite driver pursues authorized motion later (e.g., the opposite occasion immediately develops sequelae afterwards and sues you for astronomical compensation for private damage), the insurance coverage firm has the correct to reject the declare.

Personal Settlement Dealing with Process

No matter who induced the automobile accident, you need to attempt to keep calm and negotiate a mutually acceptable settlement quantity with the opposite occasion.

Most significantly, you need to ask the opposite occasion to signal a legally binding site visitors accident settlement settlement, stating that the opposite occasion is keen to surrender all rights to pursue compensation for the accident, itemizing data similar to time, individuals, and placement, and confirming that the legal responsibility for the accident has been “utterly and formally” resolved. A template for the site visitors accident settlement settlement is detailed under.

On the identical time, you’ll be able to take pictures and movies as a report to doc the situation of the automobile after the collision and forestall somebody from exaggerating the extent of the injury later.

Detailed Process for Automotive Insurance coverage Declare

Document Private Info and Police Report Quantity

The occasion wishing to assert compensation ought to first request the police to formally examine the case. The police will report the contact data of each events (together with identify, contact cellphone quantity and deal with, license plate quantity, driving license quantity, insurance coverage firm, and coverage quantity, and many others.) and conduct on-site investigation. Each drivers will every obtain a police report quantity.

Report back to the Insurance coverage Firm throughout the Time Restrict

On the identical time, the motive force ought to formally report back to the insurance coverage firm with a paper or digital type inside 24 – 48 hours of the accident (in line with the time restrict required by the insurance coverage coverage) (Notice: Notification through cellphone, WhatsApp, or electronic mail is not going to be thought of legitimate reporting!).

Give a Assertion on the Police Station

Inside one month from the day of the accident, the police will ask you to return to the police station to provide an announcement. You’ll be able to name to make an appointment with the police report quantity. Notice that the 2 events to the accident will give their statements individually and won’t meet.

Investigation Time

The police often want 3 months to 1 yr to conduct an investigation, and afterwards, most instances will result in prosecution towards one of many events. Until somebody critically violates site visitors guidelines within the accident, the overall cost will solely be a comparatively minor offense similar to “careless driving.” The police will prosecute the individuals concerned within the site visitors accident in line with the circumstances of the accident, and subject a “Discover of Meant Prosecution” to all concerned events. The motive force who receives the discover should seem in courtroom, and the courtroom will subject a summons for the listening to and decide who’s answerable for the accident.

Preparation and Doc Processing

When making use of for automobile insurance coverage compensation, that you must put together and submit related paperwork, together with:

• Copy of the motive force’s ID card and driving license

• Copy of the automobile registration doc

• Contact data of the third occasion concerned

• Photographs or movies of the accident scene

• Contact data of any witnesses (if relevant)

• Copy of the police report and assertion

• Copy of the breathalyzer check end result (if relevant)

Collision Compensation Overview

The insurance coverage firm will assessment the paperwork and police report back to resolve on the attribution of accountability, which impacts whether or not the compensation can be paid “in full” or solely partially. They may even examine if the coverage is in impact, if any phrases have been violated (e.g., driving with out a license, drunk driving, mismatch of use, and many others.), and the kind of protection (third-party or complete). Secondly, the reasonableness of the compensation quantity can be assessed primarily based on the surveyor’s report, evaluating the restore quotes and medical receipts to find out if the quantity is cheap. Lastly, the insurance coverage firm will combine the above elements, approve the ultimate compensation quantity, and subject the compensation fee after deducting the surplus/deductible.

Which Insurances Might Be Claimed in a Visitors Accident?

Automotive Insurance coverage

Hong Kong legislation requires all automobiles pushed on the street to have automobile insurance coverage to guard all street customers, which is split into “Third-Celebration” and “Complete” insurance coverage. Third-Celebration Legal responsibility Insurance coverage compensates for third-party property injury and private damage within the accident however doesn’t cowl the policyholder’s personal automobile. Complete insurance coverage, along with defending third events, additionally offers full safety for the policyholder’s automobile.

Accident Insurance coverage

In a common collision with one other automobile, if the opposite driver induced the accident, you’ll be able to naturally declare your medical bills from the opposite occasion and their automobile insurance coverage firm.

Nonetheless, when you induced the accident, otherwise you hit an object your self and crashed, or the opposite occasion hit you and drove away, you won’t be able to assert compensation from a 3rd occasion’s automobile insurance coverage.

And the automobile insurance coverage you bought is not going to compensate in your private damage or dying, which is why private accident insurance coverage is important presently.

To assert accident insurance coverage, the individual concerned should submit accident-related data to the insurance coverage firm, together with the license plate variety of the automobiles concerned, the accident course of, location, contact data of witnesses or injured individuals, copies of the motive force’s Hong Kong ID card and driving license, passenger data, copies of auto registration paperwork, and related pictures. If the police have been known as, the motive force additionally wants to supply a duplicate of the police assertion, the police case quantity, the “Breathalyzer Take a look at Report,” and the “Discover of Meant Prosecution.”

Voluntary Well being Insurance coverage Scheme (VHIS)

In case you are sadly injured as a result of a site visitors accident, VHIS also can show you how to, which is split into Normal Plan and Flexi Plan.

Collision Compensation Quantity

What to do when you hit authorities property (self-crash)?

If any authorities property or automobile is concerned, non-public settlement isn’t allowed. Based on the police site visitors accident dealing with pointers, when a site visitors accident entails authorities automobiles and property, it’s essential to instantly report back to the police, in any case no later than 24 hours after the accident.

Authorities Property Compensation Checklist

Visitors Accident Medical Bills Compensation

Visitors accident medical bills compensation is especially by means of three channels, together with the federal government’s “Visitors Accident Victims Help Scheme” (generally generally known as the “Driver’s Award”), civil/insurance coverage claims from the opposite occasion or your personal insurance coverage firm, and personally bought medical or accident insurance coverage.

Automotive Scratch Compensation

Automotive scratches are thought of “minor property injury.” You’ll be able to select non-public settlement for compensation, or you’ll be able to declare restore prices by means of your “Complete Insurance coverage” or the opposite occasion’s third-party insurance coverage. For prices, native spray portray of the automobile physique is often charged by the “panel” or “palm,” with every panel costing about HK$1,800 – HK$5,000, and every palm about HK$1,500 – HK$3,000, relying on the automobile mannequin, shade, and the depth of the scratch. Nonetheless, if the scratched space is bigger, it could price a number of thousand to over ten thousand HKD per panel, and for luxurious automobiles or a full automobile respray, it may be tens of hundreds of HKD or extra.

Visitors Accident Settlement Settlement Template

It is suggested that drivers put together a couple of copies of the site visitors accident settlement settlement within the automobile for emergency use. It is because one of the best time for settlement is on the scene of the collision. For those who wait a couple of days later to suggest a settlement, the scenario could also be totally different.

DOC Model Obtain/PDF Model Obtain

Often Requested Questions on Automotive Collision/Visitors Accident

Do minor site visitors accidents should be reported to the police?

Though in line with the present Hong Kong legislation, drivers are usually not obliged to report back to the police if the collision doesn’t contain damage or dying, reporting to the police no less than offers a case file quantity, which comparatively protects each drivers.

When to report a site visitors accident to the insurance coverage firm?

Typically, you need to report back to the insurance coverage firm inside 24 – 48 hours after the site visitors accident.

Can a site visitors accident with accidents be settled privately?

If somebody stories an damage, animal damage or dying, or entails critical property injury in a site visitors accident, the motive force should name the police for assist when protected.

What can I declare compensation for from the opposite occasion in a automobile accident?

If the opposite occasion is dominated accountable within the automobile accident, you’ll be able to declare private damage compensation from them, together with medical bills, lack of earnings, emotional and life losses, and many others. Secondly, there may be property loss, primarily the restore prices for automobile injury. As well as, bills similar to follow-up session transportation charges, particular dietary dietary supplements, and nursing charges, so long as they’re affordable and have receipts, will also be included in “particular compensation” and claimed collectively.

How quickly after a site visitors accident ought to I see a physician?

Typically, when you really feel any discomfort after a site visitors accident, it is strongly recommended to see a physician on the identical day or throughout the subsequent one to 2 days. The longer the delay, the upper the well being and future declare dangers.

If I settle a site visitors accident privately, do I must notify the insurance coverage firm?

Since automobile insurance coverage insurance policies stipulate that the automobile proprietor should notify the insurance coverage firm inside a specified time after an accident, and should not admit accountability or attain a compensation settlement with a 3rd occasion with out the insurance coverage firm’s consent, in any other case the insurance coverage firm might later refuse to compensate, you need to notify the insurance coverage firm for report functions as quickly as attainable after the accident (often inside 24 – 48 hours).

Will apologizing to the opposite driver after an accident have an effect on the declare?

Apologizing to the opposite driver on the scene of the accident with “I am sorry / sorry” could also be considered as an admission of accountability by the opposite occasion, the police, or the insurance coverage firm, which can be detrimental to the next declare for compensation.

What ought to I do if I’ve a automobile collision on the freeway/tunnel?

When you have a automobile collision on the freeway or in a tunnel, an important factor is to make sure private security. Don’t stay within the lane. On the identical time, you need to activate the hazard lights and place a warning triangle roughly 100 meters behind the automobile. Everybody within the automobile ought to depart the automobile when protected, transfer to a protected location, and name the police.

If there’s a multi-vehicle pile-up, how is accountability decided?

A multi-vehicle pile-up could be divided into rear-end collisions or push collisions, and the obligations are totally different. For particulars, you’ll be able to confer with 【Automotive Accident Compensation】Who’s answerable for compensation in a multi-vehicle pile-up? Who’s answerable for rear-end/push collisions? Visitors accident response and automobile insurance coverage declare suggestions!

Will a automobile insurance coverage declare have an effect on subsequent yr’s No Claims Low cost?

A automobile insurance coverage declare often impacts subsequent yr’s No Claims Low cost (NCD / NCB), nevertheless it is not going to reset utterly to zero. It is going to be deducted by a portion in line with the insurance coverage firm’s “discount mechanism,” relying on the declare quantity, attribution of accountability, and coverage phrases. Some complete insurance policies embrace NCD/NCB safety, which implies that if the declare quantity doesn’t exceed a specified quantity, it is not going to have an effect on subsequent yr’s NCD/NCB.

*** Disclaimer: The data contained on this article doesn’t represent recommendation for dealing with site visitors accidents underneath any circumstances. The data contained on this article is meant to clarify the site visitors accidents and claims that always happen in Hong Kong, and doesn’t contain any views, obligations and dealing with strategies of Kwiksure or Pacific Prime Insurance coverage Brokers.