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Taiwan Traffic Accident Q&A: Scene Safety, Fault, Settlement, and Compensation
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Taiwan Traffic Accident Q&A: Scene Safety, Fault, Settlement, and Compensation

Attorney Wei Tseng11 min read
01 / 8 · The collisionA rear-end impact pushes the stopped white car forward. This illustration cannot establish fault in a real case.
From the crash scene to records for a compensation claimThis silent 80-second film follows safety and reporting, scene photographs, original records, medical care, repair and income records, and review of settlement terms.Fictional AI-generated people and scenes, not actual accident footage. Vehicles, locations and timing are illustrative. The film summarizes parts of the article; it is not evidence of fault, medical necessity or compensation in an individual case.

After a traffic accident in Taiwan, first secure safety, make the appropriate report or notification, and preserve evidence. This guide sets out a general sequence based on Taiwan law and official guidance; responsibility and procedure depend on the facts of each accident. No particular outcome or compensation amount can be guaranteed in advance.

Q1. Can I leave the scene after an accident?

In an accident involving injury or death, the driver must immediately provide aid, notify the police, and preserve the vehicles and scene evidence. Informal consent from the other party or a recording alone does not replace the required measures.

In an injury accident, if all parties agree, record the vehicle positions and scene marks; the vehicles must then be moved to avoid obstruction of traffic. The duty to provide aid and the reporting requirement still apply.

Where there is property damage only and the vehicles can be moved, record their positions and the scene marks with photographs or video, then move them promptly to a safe place. Leaving without taking the required measures can result in administrative sanctions under the Road Traffic Management and Penalty Act, Article 62.

Criminal Code Article 185-4 addresses a driver's departure after a traffic accident that caused injury or death. Whether it applies depends on the facts of the accident and the measures taken.

Q2. What evidence should I preserve first?

Personal safety and warning measures come first. For injury or rescue in Taiwan, call 119; to report a traffic accident to the police, call 110. If poor mobile reception prevents calls to 110 or 119 in an emergency, try 112: follow the voice prompt and press 0 for police or 9 for fire and rescue. National Fire Agency emergency numbers

Once safety is secured, take wide and close-up photographs of the vehicle positions and damage, road markings, signals, and weather conditions. Preserve witness contact details, request preservation of CCTV and dashcam footage, and collect the parties’ identifying details, vehicle and insurance information, and medical records. Personal recordings are useful, but they do not replace the police handling required in accidents involving injury or death.

At the scene, the police may provide a traffic-accident party registration and contact form. The scene diagram and scene photographs may be requested after seven days from the accident; the preliminary analysis form may be requested after thirty days. Confirm availability and application requirements with the competent police agency.

Q3. If I was injured, what claims and deadlines should I check?

Criminal Code Article 284 defines negligent injury and negligent serious injury, and Article 287 makes those offenses complaint-based. Under Criminal Procedure Code Article 237, the ordinary complaint period is six months from the day the complainant learns the offender's identity.

A civil damages claim is generally subject, under Civil Code Article 197, to a period of two years from knowledge of the damage and the person liable, and ten years from the tort. Whether particular facts interrupt or otherwise affect a limitation period must be assessed separately.

Under Criminal Procedure Code Articles 487 and 488, a crime victim may file an attached civil action after criminal prosecution has begun, no later than the close of second-instance oral argument, except that it may not be filed after the close of first-instance oral argument and before an appeal is lodged. This route usually provides a filing-fee advantage, but it does not guarantee a cost-free result. Under Article 503, if the criminal judgment is an acquittal, a judgment barring prosecution, or a judgment declining to entertain the prosecution, and the attached civil action is transferred to the civil division at the plaintiff's request, court fees are payable. Article 504 also governs aspects of transfer and procedure.

The appropriate route depends on interruption of the limitation period, the defendants, evidence, insurance, and venue.

Q4. If both sides were at fault, how are criminal and civil liability assessed?

Criminal liability requires proof of each person's breach of a duty of care and a causal link between that breach and the other person's injury. Fault on both sides does not automatically establish negligent injury. Negligent homicide is addressed by Criminal Code Article 276. Actual sentencing depends on the circumstances, not a fixed number of months. Conversion to a fine under Criminal Code Article 41 is subject to eligibility requirements and exceptions.

In a civil case, Civil Code Article 217 permits the court to reduce the amount of damages or relieve the liable party of liability when the injured person’s fault contributed to causing or increasing the damage. For example, if recognized damages are TWD 1,000,000 (one million New Taiwan dollars) and a 50% share of injured-party fault is assessed, the amount may be reduced to TWD 500,000 before other adjustments.

An appraisal or preliminary-analysis document may be important evidence, but it does not mechanically bind the court. The court considers the full body of evidence, including statements, video footage, and vehicle condition.

Q5. What should a settlement agreement include?

A settlement agreement should identify the accident date and place and the parties; state the payment amount and timing; address insurance; and specify the included claims and any reserved claims. It should also address future treatment, later-discovered injury, document delivery, and the relationship between payment and complaint withdrawal.

Under Civil Code Articles 736 and 737, settlement involves mutual concession, and the extinguishment of rights is limited to the rights waived by the wording of the agreement.

For a complaint-based offense, Criminal Procedure Code Article 238 permits withdrawal before the close of first-instance oral argument. The person who withdraws cannot file a complaint again. Private settlement does not automatically terminate prosecution for a non-complaint offense, such as negligent homicide, and settlement does not invariably require complaint withdrawal.

Q1–Q5 Official Sources

Q6. How is responsibility for the accident determined?

The Road Traffic Accident Preliminary Analysis Determination Form is a preliminary police analysis based on evidence gathered at the scene. It is not a court judgment: it neither binds the court nor fixes a fault percentage. The preliminary analysis, statutory appraisal, and review do not form an automatic or mandatory sequence.

Under the applicable rules, an eligible party may apply for a vehicle-accident appraisal, a handling authority may refer the matter, or a judicial authority may commission an appraisal. A direct party application is ordinarily made within six months after the accident. If an investigation or trial is already pending, check the judicial-referral procedure. Appraisal and review rules, Article 3

During a criminal trial, Article 208 of the Code of Criminal Procedure also allows a party to commission a qualified institution to conduct an appraisal or review another appraisal at that party's expense. This route should be distinguished from an application to the accident appraisal committee. Code of Criminal Procedure, Article 208

For an ordinary direct application for committee review, give reasons and apply within 30 days starting the day after receipt of the appraisal opinion. Only one review is available. Cases already in judicial proceedings require checking the judicial-referral route and applicable deadline. Appraisal and review opinions serve as evidence or reference material. The court independently evaluates statements, video, scene records, and the record as a whole. Appraisal and review rules, Articles 10 and 11

Q7. What losses can I claim after an accident?

A claim under Civil Code Article 184 requires an unlawful infringement of a right, causation connected to the accident, and proof of damage. The accident alone does not automatically establish every listed loss. Civil Code Article 216 provides the standard for determining the scope of actual loss and lost profit.

Three document models representing medical records, expense receipts and income records
① Medical records ② Expense receipts ③ Income recordsInjuries and treatment, expenses, and income lost through inability to work require different evidence. Their connection to the accident also matters.Illustrative document models, not official forms or actual case records.
  • Injury: Under Civil Code Article 193, recoverable loss may include necessary medical expenses; expenses for care, travel for treatment, assistive devices, and other increased living needs; proven temporary income loss; and loss of earning capacity. Civil Code Article 195 also permits a claim for non-pecuniary damage.
  • Death: Under Civil Code Article 192, recoverable loss may include applicable pre-death medical and increased-need expenses, funeral expenses, and loss of support for a person legally entitled to support. Civil Code Article 194 also permits non-pecuniary damage for qualifying relatives.
  • Property: Under Civil Code Article 196, the owner may claim the reduction in the vehicle's value caused by the damage; repair costs serve as the measure only to the extent necessary, and depreciation may be deducted where new parts replace old ones.

Q8. How should I submit medical-expense records while treatment continues?

Preserve receipts, diagnosis certificates, and medical records, and organize evidence of each treatment’s medical necessity and causation in relation to the accident. Materials from ongoing treatment may be submitted to supplement the evidence in accordance with the court’s procedural schedule and the claim as filed, but there is no guarantee that all late-filed materials will be accepted or that an expanded claim will be permitted.

Supplementing medical evidence must be distinguished from changing or increasing the amount or scope of the claim. Adding medical receipts after filing an attached civil action in a criminal case does not by itself automatically create a court fee.

Under Code of Criminal Procedure Article 504, however, after the matter is transferred to the civil division, a change, addition, or expansion beyond the pre-transfer claim can create a court-fee issue for the excess.

Q9. How can I prove professional-care and family-care expenses?

A diagnosis certificate or medical opinion is useful evidence of the need for care, but it is not conclusive by itself. The evidence should address accident causation, the need for care, its actual provision and duration, and a reasonable amount.

Unpaid care actually provided by a relative may be valued as damage in an appropriate case. It is not automatically allowed merely because a relative provided the care; the nature and duration of the care and its customary cost are also considered.

Q10. How can I prove travel expenses for treatment?

Organize travel expenses by connecting the travel records to treatment for the accident-related injury. Relevant details include the route, visit dates, number of visits, transport method, fare, and the necessity and reasonableness of that method.

Receipts, fare records, route records, and treatment records are possible evidence. A taxi receipt is neither the only proof nor automatically sufficient.

Q6–Q10 Official Sources

Q11. How should I prove temporary lost income during treatment and recovery?

Temporary lost income requires evidence that an accident-related injury left the claimant wholly or partly unable to work during a supported treatment or recovery period and caused an actual income reduction. A diagnosis certificate or rest recommendation is relevant, but it is not conclusive by itself.

Useful evidence may include treatment records, attendance or leave records, payroll and tax material, and employer confirmation. A self-employed claimant may instead rely on sales records, transaction records, tax filings, and other material suited to the business.

Continuing to work or receiving unchanged pay is relevant to temporary lost income during recovery. That fact alone neither automatically determines damages for loss of earning capacity nor serves as a stand-alone basis for assessing them; Q12 addresses that issue separately.

Q12. How should I prove loss of earning capacity?

Loss of earning capacity is distinct from the actual income reduction during treatment or recovery discussed in Q11. Under Civil Code Articles 193 and 216, the assessment considers accident causation, lasting functional impairment, the claimant's occupation and abilities, ordinarily expected income, supported working-life assumptions, and the available proof.

Unchanged current pay does not automatically eliminate the claim. An impairment percentage and current salary likewise do not mechanically fix damages.

A medical appraisal may be useful when lasting impairment is genuinely disputed, but it is not mandatory in every case. Civil Code Article 217 addresses comparative negligence, and other adjustments may also affect the assessment.

If damages are calculated as a lump sum, an intermediate-interest discount may be considered. The Judicial Yuan Hoffman calculator is an aid only, not a mandatory legal method or a guarantee of any result. Under Civil Code Article 193, on a party's application, a court may order secured periodic payments.

Q13. How are non-pecuniary damages assessed?

An appropriate amount may be awarded, under Civil Code Article 195, for a qualifying unlawful infringement of body or health.

The assessment is individualized. Relevant factors include the injury and treatment, lasting effects, pain and impact on life, age and status, the parties' social and economic circumstances, and the parties' evidence. No fixed range determines the result.

Q14. Can an employer also face civil liability for an accident during work?

Civil Code Article 188 addresses an employee who unlawfully injures another while performing duties. The fact that an accident occurred during work hours, by itself, does not automatically establish the required connection to duties; the relationship between the actual work and the accident must be examined.

By showing that it exercised due care in selecting and supervising the employee, or that the damage could not have been avoided even with such care, the employer may defend the claim. A joint claim for damages against the employer and employee may be considered. The employer may seek recourse from the employee after payment.

If the employer proves the preceding defense and the victim cannot recover damages under paragraph 1, Civil Code Article 188, paragraph 2 provides that, if the victim applies, the court may, considering the economic circumstances of the employer and the victim, order the employer to pay all or part of the damages.

The choice of civil defendants is distinct from criminal liability. Under Criminal Code Article 284, liability turns on each natural person's own breach of duty and causation.

Q15. What motor-insurance benefits and coverage should I check?

Under Compulsory Automobile Liability Insurance Act Article 6, the duty to insure ordinarily belongs to the owner of a covered vehicle and, in specified cases, its user or manager. The Act provides basic no-fault statutory benefits when a person is injured or killed in a motor-vehicle accident, subject to its definitions of passengers and third parties outside the vehicle. The insurer does not pay benefits where the injured person or another claimant caused the accident intentionally or while committing a crime (Article 28).

In a single-vehicle accident, the driver is generally outside that vehicle's compulsory cover. In a multi-vehicle accident, a driver may claim benefits from another involved vehicle's compulsory insurer.

The benefit standard amended on 2026-05-29 applies to accidents occurring on or after 2026-07-01. The limit for necessary and reasonable medical expenses for injury is TWD 200,000; disability benefits are TWD 80,000–3,000,000 across 15 statutory grades; the death benefit is TWD 3,000,000; and the combined maximum for death, disability, and medical expenses is TWD 3,200,000 per victim per accident. The earlier standard may apply to accidents that occurred before that date.

Third-party liability, driver injury, and own-damage insurance are optional insurance products. Actual coverage depends on the insured person, coverage limits, deductibles, exclusions, fault, and other terms and conditions, so each insurance policy and its terms must be reviewed separately. Confirm what the insurer will handle, which documents it needs and the notice deadlines.

Q11–Q15 Official Sources

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