1. What Should You Do Immediately After a Car Accident in Taiwan?

The first few minutes after an accident can have a major impact on what happens later. If you are involved in a collision, try to remain calm and make sure the accident is properly documented.

2. Why You Should Never Simply Leave the Accident Scene

One of the most important warnings we give foreign clients is not to assume that it is safe to leave merely because the other person appears fine immediately after the collision.

Some injuries do not become obvious until later. A person may initially say that they are fine and subsequently seek medical treatment.

The practical rule is simple: stay at the scene, make sure injured persons receive assistance, call the police, and properly document the accident.

3. Contact Your Insurance Company

If you have applicable motor vehicle insurance, notify the insurer as soon as reasonably possible and follow the reporting requirements under your policy.

When insurance coverage applies, the insurer may assist with evaluating the claim and communicating or negotiating with the injured party. This can make the process substantially easier.

Problems become more complicated when there is insufficient coverage, the insurer disputes coverage, or you and the other party disagree substantially about fault or the amount of compensation.

4. What If Somebody Was Injured?

This is where many foreigners misunderstand the Taiwanese legal system.

If the accident only involves property damage, the dispute will generally focus on issues such as repair costs and civil liability.

However, when another person suffers an injury and alleges that the injury resulted from your negligent driving, the matter may also involve a criminal complaint for negligent injury (過失傷害).

This often surprises foreign residents who assume that traffic accidents are handled exclusively through insurance.

5. How Is Responsibility for a Traffic Accident Determined in Taiwan?

If criminal or civil liability becomes disputed, one of the central questions will be how the accident occurred and whether either party violated a duty of care or applicable traffic rules.

The Initial Police Analysis (初步分析研判表 / commonly called 初判表)

After the accident, the parties may obtain the police's initial analysis of the accident. This document is commonly referred to in Taiwan as the chupanbiao (初判表).

It provides an initial assessment of the possible causes of the accident. However, it should not automatically be treated as the final determination of legal liability.

Under the National Police Agency's general procedure, parties or interested persons may obtain the accident scene diagram and photographs after the applicable waiting period, and the initial analysis is generally available after the accident investigation period.

If the initial analysis appears inconsistent with the evidence, you may need to consider whether a formal traffic accident appraisal is appropriate.

6. What Is a Traffic Accident Appraisal?

If you disagree with the preliminary assessment of how the accident occurred, a traffic accident appraisal (車輛行車事故鑑定) may become important.

The appraisal process is intended to provide a more detailed professional assessment of the causes of the accident and the parties' conduct.

Depending on the case, relevant evidence may include:

• dashcam recordings;
• surveillance footage;
• photographs of the accident scene;
• vehicle positions and points of impact;
• road markings and traffic signs;
• traffic signal information;
• witness statements;
• the parties' explanations; and
• applicable Taiwan traffic regulations.

The parties may also have an opportunity, depending on the procedure, to explain their position regarding the cause of the accident.

This can be particularly important if you believe the other driver, motorcyclist, cyclist or pedestrian also contributed to the accident.

7. What If the Accident Was Mostly the Other Person's Fault?

This is another common question:

The important point is that criminal negligence is not determined simply by asking which party has the larger percentage of responsibility.

A finding that you contributed 30% to the accident does not automatically mean that you are criminally guilty. At the same time, you are not automatically free from criminal liability merely because the other person bore a greater share of responsibility.

The prosecutor will examine whether your conduct was negligent, whether that negligence contributed to the accident, and whether there is a legally sufficient connection between your conduct and the resulting injury.

This is why evidence concerning how the accident happened can become very important.

8. What Is the Crime of Negligent Injury in Taiwan?

Article 284 of Taiwan's Criminal Code provides criminal penalties where a person negligently causes physical injury to another.

For ordinary negligent injury, the statutory punishment can include imprisonment for up to one year, short-term imprisonment, or a fine. More serious consequences apply where the negligence causes serious physical injury.

Does This Mean You Will Go to Prison?

Not necessarily.

Taiwan's Criminal Code contains provisions under which certain short sentences may be eligible to be commuted to a fine. Whether this applies depends on the sentence imposed and the applicable legal requirements.

Therefore, receiving a criminal complaint—or even being prosecuted—does not by itself mean that you will actually serve a prison sentence.

Nevertheless, a criminal case should not be ignored. You may need to appear for questioning, provide evidence, respond to the prosecutor's investigation, and decide whether settlement is in your interests.

9. Why Can Settlement Be So Important?

Negligent injury under Article 284 is generally an offense that may be prosecuted only upon complaint under Article 287 of Taiwan's Criminal Code.

This makes settlement particularly important in many ordinary traffic accident injury cases.

Under Taiwan's Code of Criminal Procedure, a complainant in a complaint-based offense may withdraw the complaint before the conclusion of oral arguments at the first-instance trial. Once withdrawn, the same complainant cannot file the complaint again.

For this reason, settlement negotiations should not always be viewed solely as a disagreement over the amount of civil compensation.

The civil claim, insurance coverage and criminal proceedings may interact with each other. The amount, wording, timing and scope of a settlement can therefore matter.

Before paying a significant settlement amount, you should also understand exactly what claims are being resolved and what the other party has agreed to do as part of the settlement.

10. Do You Need a Lawyer for a Car Accident in Taiwan?

Not every traffic accident requires full legal representation.

In fact, if the amount being disputed is relatively small, the cost of hiring a lawyer to take over the entire case may exceed the amount actually at stake. In those circumstances, understanding the procedure and handling some steps yourself may be more economical.

However, legal advice may be particularly useful when:

• you have received a summons from a police station or prosecutor's office;
• the other party has filed a criminal complaint;
• the accident caused significant or serious injuries;
• you disagree with the assessment of accident responsibility;
• there is important dashcam or surveillance evidence to analyze;
• your insurer denies or limits coverage;
• the compensation demand is substantial;
• you are being accused of leaving the scene;
• you need assistance negotiating a settlement; or
• you do not understand Chinese-language police, prosecutorial or court documents.

A legal consultation can also be used simply to understand your position and determine what you should do next, without necessarily retaining a lawyer for the entire case.

Frequently Asked Questions About Car Accidents in Taiwan