Traffic Accident Claims in Hong Kong

Introduction

Hong Kong traffic accident claims are governed by several statutes and the common law — principally the Road Traffic Ordinance, the Motor Vehicles Insurance (Third Party Risks) Ordinance, and the common law of tortious negligence. This article describes, in general terms, what to do at the accident scene, how the third-party insurance system works, the role of the Motor Insurers' Bureau (MIB), limitation periods, compensatable items, and court procedures.

At the Scene

1. Safety and Medical Attention

• If anyone is injured, call for an ambulance immediately and seek urgent medical attention
• Move vehicles to safety (if safe to do so), switch on hazard lights, and place warning triangles
• Do not move seriously injured persons unless there is immediate danger to their position

2. Report to the Police

Under the Road Traffic Ordinance, where the accident involves personal injury or death, or vehicle damage where the other party is not present, the driver must immediately report to the police or attend the nearest police station. Officers attend, take statements, prepare sketches and photographs, and produce a Traffic Accident Report — a key piece of evidence for subsequent claims.

Only minor collisions where both parties are present and there is no personal injury may be managed without reporting — the parties exchange details and leave the rest to their insurers. But as a practical matter, any accident that might give rise to legal consequences is worth reporting so that an independent record exists.

3. Gather Information

• The other driver's details — name, HKID number, phone, address, driving licence, vehicle registration
• The other vehicle's insurance — insurer, policy number, validity
• Licence plate — photograph clearly
• Scene photographs — vehicle positions, damage, road surface conditions, traffic signals, road markings, landmarks, from multiple angles and distances
• Witnesses — names and phone numbers of any eyewitnesses; tracking them down later is extremely difficult
• Time and place — record accurately

4. Medical Records

Even if injuries feel minor, see a doctor on the day or the next day. Soft-tissue injuries and whiplash symptoms often emerge days later. The first medical consultation record is critical evidence for any later claim.

5. Notify Your Own Insurer

Even if you are not at fault, notify your own insurer promptly — many policies require notification within a specified period (typically 7 days), failing which the insured's own claim rights may be prejudiced. Notification is not an admission of liability.

The Third-Party Insurance System

All motor vehicles on Hong Kong roads must carry at least third-party liability insurance. This insurance covers the driver's or owner's legal liability to third parties (persons other than the vehicle owner and driver — such as passengers, pedestrians, or occupants of the other vehicle involved).

When it applies. Where the driver is found to be at fault, their insurer pays the injured third party (you).

When it does not. The insurance does not cover the at-fault driver's own losses (own vehicle damage, own medical costs) — unless the driver has separate own-vehicle cover or personal accident insurance.

Uninsured driving. Where the at-fault vehicle has no insurance, or where the driver used the vehicle without the owner's consent ("stolen car"), the insurer may refuse cover. The victim must then pursue:

• The at-fault driver personally (but the driver may be unable to pay); or
• The Motor Insurers' Bureau (MIB) — see below

The Motor Insurers' Bureau (MIB)

The Motor Insurers' Bureau of Hong Kong ("MIB") is an organisation funded by the insurance industry, operating as the payer of last resort for victims in the following scenarios:

• Uninsured vehicle — the policy had lapsed or was never taken out
• Hit and run — the driver fled the scene and cannot be identified; MIB may still accept claims even without licence-plate identification
• Consent not given by owner — where the insurer refuses cover because the driver used the vehicle without authorisation

Scope of MIB compensation. The MIB covers personal injury and death compensation (not vehicle damage). Vehicle damage must be absorbed by the owner or recovered through the owner's own policy.

Application process. Submit accident reports, medical records, and evidence of loss to the MIB. The MIB may conduct its own investigation. Approval can take substantial time.

Limitation Periods

General rule. A personal injury claim against the at-fault driver or their insurer must be brought within 3 years of the accident. This flows from the Limitation Ordinance.

MIB claims. Generally also 3 years, but the MIB has additional notification requirements — typically earlier notification of the incident to the MIB, failing which the claim may be jeopardised.

Property damage claims. The limitation period is 6 years (Limitation Ordinance). In practice, vehicle insurance claims are usually resolved within months.

Fatal accidents. 3 years from the date of death — which may differ from the date of the accident (where the victim survives briefly after the accident).

Do not miss the limitation period — once expired, even a strong case is lost. Waiting too long is a common trap, often because the victim wants to "take it slowly".

Compensatable Items

Where the other driver's fault (or partial fault) can be established, compensation may include:

1. Property Damage

• Vehicle repair (or write-off compensation, where the vehicle is a total loss)
• Loss of use — cost of alternative transport or hired vehicle
• Damage to vehicle contents — electronics, luggage, goods

2. Personal Injury — General Damages

• Pain and suffering — assessed by reference to severity of injury, course of treatment, and residual effects. Guided by past court decisions and judicial guidance
• Loss of amenities of life — for example, inability to continue previous sports or hobbies

3. Personal Injury — Special Damages

• Medical expenses — hospital, specialists, physiotherapy, Chinese medicine, psychiatric (for relevant trauma), rehabilitation equipment
• Past loss of earnings — actual income lost during sick leave or reduced work capacity
• Future loss of earnings — where the injury affects long-term earning capacity
• Care costs — including a "carer's allowance" for care provided by relatives (recognised by Hong Kong courts)
• Transport costs — additional transport to attend treatment and court

4. Fatal Accidents

Where the victim dies from the accident, the estate and family members may claim under the Fatal Accidents Ordinance and the Law Amendment and Reform (Consolidation) Ordinance:

• Estate claims — pain and suffering the deceased experienced, medical expenses, pre-death loss of earnings
• Loss of dependency — the financial support the family has lost
• Bereavement damages — a statutory sum prescribed under the Fatal Accidents Ordinance, periodically adjusted by Legislative Council resolution (most recently reviewed in 2025 to reflect inflation). The current amount (in the low-to-mid HK$200,000 range) is published by the Department of Justice.
• Funeral expenses — within reasonable limits

Contributory Negligence

Where the accident involves both parties' negligence (for example, the victim was speeding while the other driver ran a red light), compensation is reduced proportionally under the doctrine of contributory negligence. If the court finds the victim 30% at fault and the other driver 70%, the compensation is reduced by 30%.

Some accidents involve a wholly blameless victim (a pedestrian struck on a zebra crossing); others involve varying degrees of shared fault. Insurers and the other party's solicitors often attempt to attribute partial fault to the victim to reduce the claim — a solicitor can rebut inappropriate attributions.

Court Proceedings

Smaller Claims

Most traffic accident claims are resolved through out-of-court settlement — negotiated between the insurers or solicitors. Smaller claims may settle within months.

Larger Claims

For larger claims, or where liability or quantum is disputed, court proceedings may be required:

• District Court — claims below the statutory limit (adjusted from time to time)
• Court of First Instance — claims above that limit, or complex matters

The procedural stages include: writ of summons, defence, requests for particulars, discovery, witness statements, expert reports, and trial. The process typically runs 1 to 3 years or more.

Expert witnesses in significant cases often include: accident reconstruction experts, medical experts (orthopaedic, neurological, psychiatric), vocational psychologists (assessing work capacity loss), and actuaries (calculating future loss of earnings).