Many drivers get confused and rattled when they come across, or are involved in a traffic accident as they may not know how to handle the situation. For your benefit please note the following.

A. If you are involved in a traffic accident.

(I) You must STOP your vehicle if:

• someone is killed or injured.
• there is damage to a vehicle or any property.
• an animal is killed or injured (Example : pigs, cattle, horses etc.).

(II) And you should not move your vehicle if:

• a person is killed or seriously injured.
• there is a serious crash.

Unless:

• with the permission of a police officer you are asked to move.
• you have to save the life of others, put out a fire or take any other emergency action.

Otherwise, you can move your vehicle to a safe place to handle the follow-up work if:

• no one is killed.
• no one is seriously injured.

B. After a traffic accident you must do the following things.
(I) Exchanging particulars.

• Give your name, address, the car owner's name, address, and registration number to the police or someone who should have these particulars.

(II) Reporting to the Police.

• Call the police immediately in case someone (including you) is injured.
• In case a vehicle or property (e.g. roadside facility) is damaged; or an animal is killed or injured, you must report the accident to the nearest police station or any police officer if you are not able to notify the owner or other responsible person of the accident. This must be done within 24 hours.

(III) Notify your insurance company.

• After reporting the accident to the police you can notify your insurance company in case there is a claim in the future.

C. A traffic accident without injury.

• Unless one party involved in an accident complains against the other party for contravening the traffic regulations, the police will not initiate an investigation they will only file a record.
• If you want to file a complaint against another party for contravening the traffic regulations you should lodge your complaint with the Police within 10 days of the accident. If you want to make an immediate complaint you should report directly to the duty officer of the Traffic Accident Reporting Unit as soon as possible. You should have with you the following documents for making a complaint.
  
  1. Driving License (Original and photocopy).
  2. HKID card (Original).
  3. Vehicle Registration Document (Original and photocopy).
  4. Vehicle License (Photocopy).
  5. Third Party Risk Insurance Certificate (Original and photocopy).
  6.Photos showing the condition(s) of the damaged vehicle(s). (Take photos from different angles. At least one of them should have the car licence plate(s) identified).

D. Prosecution of offences.

When someone contravenes the traffic regulations, causing an accident, usually a summons will be served expressing the intent to prosecute the offender. Under certain circumstance the person concerned might be arrested & prosecuted. For example:

* Dangerous driving causing death.
* Dangerous driving.
* Drink driving, etc.

Upon receiving a summons you will have to attend the court on the date & time specified therein. However, sometimes you may be allowed to plead guilty by letter, this means submitting a written confession based on the details given in the summons.

E. How to obtain the necessary information about the other party (vehicle, driver, and insurance) to be able to file a claim through the civil courts.

• You can obtain the above information three months after the accident by sending your request to the Regional Accident Investigation Division involved.
• Noting completion of the investigation and the name of the driver being prosecuted, you can check further details with the Traffic Headquarters Central Prosecution Unit (Tel: 2866 8444).

F. How to pursue a civil claim against the other party after a traffic accident.

Civil claims can be made in the following ways:

1. If the amount of claim is less than the limit referred to in the Small Claims Tribunal Provisions, you can file the suit on your own without the help of a lawyer, although it is advisable to get their advice but, remember, they cannot, under the ordinance, represent you in the SC Tribunal, you must do that yourself.
2. Small Claims Tribunal.
   Address : 4/F, Wanchai Tower, 12 Harbour Road, Wanchai, Hong Kong
   Tel : 2582-4084/ 2582-4085
3. If the amount of claim is in excess of the limit of claim by the Small Claims Tribunal,
   (i) you can seek legal assistance.
   (ii) if you cannot afford to a lawyer, you can ask for assistance from the Legal Aid Department. Details can be obtained from the Legal Aid Department Headquarters:
   Address : 24/F Queensway Government Offices, 66 Queensway, Hong Kong
   Tel: 2867 3030 or 2537 7677
   
   Kowloon Branch Office:
   Address : G/F Mongkok Government Offices, 30 Luen Wan Street, Mongkok, Kowloon
   Tel: 2399 2288 or 2537 7677

As a matter of fact most traffic accidents are caused by driver negligence that can be avoided if we stay alert, keep our patience, and drive carefully at all times.