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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 Tseng8 min read

After a traffic accident in Taiwan, first secure safety, make the appropriate report or notification, and preserve evidence. Then examine claim deadlines, fault, and the scope of settlement. This guide sets out a general sequence based on Taiwan law and official guidance; responsibility and procedure depend on the facts of each accident.

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; only then may the vehicles 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.

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, call 119; for a crime or urgent public-safety situation, call 110 or 112. Also make the appropriate police report for the traffic accident.

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.

The police may provide a traffic-accident party registration and contact form at the scene. The scene diagram and scene photographs may be requested from day 7 after the accident; the preliminary analysis form may be requested from day 30. 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.

Under Civil Code Article 197, a civil damages claim is generally subject 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 while the criminal case is pending, no later than the close of second-instance oral argument. This route usually provides a filing-fee advantage, but it does not guarantee a cost-free result. Under Article 503, if the criminal case is dismissed and the matter is transferred to a civil court at the plaintiff's request, costs may be 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. There is no universally best route for every case.

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.

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. The agreement does not necessarily make every future claim disappear.

For a complaint-based offense, Criminal Procedure Code Article 238 permits withdrawal before the close of first-instance oral argument. A withdrawn complaint cannot be refiled. Private settlement does not automatically terminate prosecution for a non-complaint offense, 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. Because the evidence needed and the scope of the dispute vary from one accident to another, 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 party application is ordinarily made within six months after the accident. If an investigation or trial is already pending, the appraisal is generally commissioned by the judicial authority rather than pursued through a new direct application.

A party dissatisfied with an appraisal opinion may seek review, but only one review is available. Appraisal and review opinions serve as evidence or reference material. The court independently evaluates statements, video, scene records, and the record as a whole.

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.

  • 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, a claimant may seek proven actual property damage, including supported repair expenses or diminution in value.

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. Confirm the transfer stage, filing time, and claim scope case by case.

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?

Under Civil Code Article 195, an appropriate amount may be awarded 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.

The employer may defend the claim 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. 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 permits the court to consider the employer's and victim's economic circumstances and order full or partial compensation.

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.

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.

Q11–Q15 Official Sources

Q16. After an accident, can you leave everything to the insurance company?

In my experience, insurers often fail to give enough attention to the emotional needs of the people involved in an accident.

They may neglect important ways of addressing the other party’s feelings, including an apology and expressions of concern.

Paying an additional TWD 500,000 or TWD 1,000,000 in one case may have little effect on an insurer’s overall profit, but for the person involved in the accident, that amount may affect whether the case leaves them with a criminal record.

Conflicts of interest may also arise between the insurer and the person involved, and because insurers handle many cases, they may struggle to devote enough time to each individual matter.

Therefore, I do not recommend entrusting all litigation to the insurance company.

If you do entrust the matter to the insurer, you should continuously track its handling and carefully review documents from both sides.

Q17. What criminal liability does an at-fault party face for negligent injury in a traffic accident?

Courts currently generally impose about 3 months’ imprisonment for negligent injury.

If the sentence is converted to a fine, the conversion rate is TWD 1,000 per day; for a 3-month sentence, the fine is 3 × 30 × TWD 1,000 = TWD 90,000.

Negligent serious injury generally results in about 4 months’ imprisonment, while negligent death generally results in about 6 months’ imprisonment.

Q18. If you settle with the other party, can you withdraw the criminal complaint?

Negligent injury and negligent serious injury are offenses prosecutable only upon complaint (告訴乃論之罪), so the complainant may withdraw the complaint.

In a negligent-death case, withdrawing the complaint is not available. However, if you settle with the other party’s family, the court may reduce the sentence.

You may receive a suspended sentence and avoid imprisonment.

Q19. If you leave the scene after an accident, does criminal hit-and-run always apply?

Not necessarily.

Criminal hit-and-run liability requires that someone have been injured or killed.

If the accident caused only vehicle damage, criminal hit-and-run does not apply.

Q20. How do you find a traffic accident attorney?

Because traffic-accident cases are common, a general litigation attorney with a few years of practical experience can handle them.

What matters is the attorney’s care and honesty.

The attorney should carefully review every head of damages and help you pursue the maximum compensation available.

The attorney should also explain your position clearly and outline the risks of not settling.

Be wary of attorneys who exaggerate a case and urge you to reject settlement and fight both civil and criminal proceedings through to the end merely to secure the engagement.

This concludes the Q&A on traffic accidents. I hope it is helpful to you.

Having handled many traffic-accident cases, I want to emphasize one important point.

Because of the victim’s injury or death, the victim or their family suffers physical and mental pain.

At-fault parties often fail to call and check on the victim or visit them in the hospital. Many assume that the insurance company will handle everything and do not appear in person. In such cases, the victim perceives neither remorse nor sincerity on the part of the at-fault party.

As a result, victims often feel deeply hurt and angry, refuse to compromise on settlement amounts, apply for provisional attachment, and pursue seizure of the other party’s assets to the end.

This point must never be overlooked, and it is best to consult an attorney based on the circumstances.

If you have additional questions, please leave them in the comments.

Wei Tseng (曾雋崴), Taiwan Attorney

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