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All vehicles in Hong Kong must have at least third party liability insurance. The procedure in the event of a road traffic accident in Hong Kong depends on the severity of the accident, whether there are injuries and if it is necessary for the police to be involved.
In the event of a minor accident with no injuries, the parties involved must exchange details and fill in an Accident Report Form at the scene of the accident. This form should be provided by the motor insurer. If the accident has involved more than two drivers, forms should be completed between each of the involved. All involved must sign the forms unless the parties do not agree on a version of events, in which case the forms should not be signed. The accident report form should be sent to the insurance company within one week.
Minor accidents do not necessarily have to be reported to the police, but it is recommended if liability is disputed. This must be done within ten days of the accident.
The following documents are necessary to file a police report:
If there have been injuries or fatalities, call the police and ambulance on 999
The motorist must stop the vehicle if any of the following are true:
The car may be moved if a police officer gives permission or if some form of emergency action is needed. If no one is killed or seriously injured, the vehicle may be moved to a safe place.
After a serious traffic accident the driver must give their name and address, the car owner's name and address, and their registration number to the police. In the case of damage, the accident should be reported to the nearest police station or any police officer within 24 hours.
After reporting the accident to the police, the insurance company should be notified.
The accident report should contain the following details:
The form should be sent to the insurers within one week.
Civil claims can be made in the following ways: If the amount of claim is less than the limit referred to in the Small Claims Tribunal Provisions, it is possible to file the suit without the help of a lawyer, although it is advisable to seek legal advice.
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