Update: got run over by a scooter

[u/Acegonia]

Original post here: https://www.reddit.com/r/taiwan/comments/1x6jnpa/got_hit_by_a_scooter/

(Sorry if this gets a bit long!)

Small update: went to the police station to give a statement. Saw the video (from like 4 different angles!) And wow, he *really* did mow me down. I was absolutely skittled by that scooter.

He ran the red light by a (relatively) significant margin. Like, his was the only moving vehicle in the frame. I was halfway across the first lane when he ploughed into me, and he was going a decent speed. Doesnt look like he tried to brake or avoid me at all. Just... wham. Officer expressed surprise i was not more badly hurt.

In bad news: friend has been speaking to old man and, his daughter. (They have not been to station yet). Daughter was described by friend using words that rhyme with 'itch' 'biko' 'florrible' and 'shmundering shmunt'.

So basically exactly what many of you warned about. They wanted to meet and give a hong bao before I went to station. We declined. We asked if they wanted to accompany us to the station. They declined.

Things went downhill from there. Several calls over the day. Daughter talking a mile a minute, literally lying 'its the injured parties duty to file with drivers insurance, not ours' (it is not- we CAN file, they SHOULD file.) 'you only have 2 weeks to file/claim' (its 2 years) 'we are only responsible to pay x and y' (friend called their insurance to check)

Talking loudly over friend, speak8nf very fast, mentioning laws etc, trying to domineer, control the narrative,l. Stuff like 'we dont know what happened'(we saw the video!!) And 'my poor father is a billion years old' etc etc.

My friend asked to please let her speak and she claimed my friend was getting angry and raising her voice at her (she was not), she won't be spoken to like that, she won't deal with her anymore and friend would have to speak to daughters lawyer.

Friend is confident she is bluffing- any lawyer will tell her they are fucked if it goes to court. Says she is trying hard to avoid their responsibilities,and pushing us to file quickly so they dont incur further fees (?)

I basically only wanted my medical bills covered and basically expenses incurred and time lost. A lil something on top would have been nice. I just wanted this over it, but if she is going to make this hard and/or drag it to court, it will be a different story.

Friend is not sure she has the 'guanshi' to handle her. So we may have to upgrade to other friends husband- sells quite high-end used cars (so you KNOW he is slick) and has been described as 'very good at dealing with difficult people'.

Questions:

Is it legal to record phone convos here? (Ideally without telling other party)

how likely do you think this REALLY is to go to court? (I REALLY DO NOT WANT TO)

If it did, how long might it all take?

Is it possible to have them cover my lawyer fees when they lose?

Do any lawyers here operate on a no-win, no fee basis?

Would it be worth getting a letter or something written up by a lawyer and sent to them? (If they really want to play the intimidation game)

Again any advice, input or personal experience is welcome. Thanks once again.

EDIT: thank you all again, ive recievwd a lot of good in formation and lots of advice- some seems very sensible, some quite aggressive and some quite contradictory

I have a lot to process and think about. Im gonna get off the internet for a bit, because I dont want to get too swayed by internet opinions, you know? I have some excellent and knowledgeable friends helping me, and my Boss, who is awesome has gotten involved too.

I'll give a final update once this all plays out!

[u/sirDVD12]

They do not have to file with their insurance but they would have to pay you out of their own pocket then. If they gave you their insurance information just go straight to insurance. If insurance gives you less than you feel is correct you would need to file a suit against the driver, and I would recommend a lawyer at this stage. Look for free law clinics to get some real legal advice first though.

Good luck, people like this will change their story at each turn to try wriggle their way out of it, and they will try to guilt you. If they keep saying the dad is too old to be driving, then just tell the judge that as well because then you can request the case be upgraded to criminal negligence

[u/Acegonia → u/sirDVD12]

Thank you, plan is to go file with their insurance on monday. Apparently Basic insurance doesnt cover lost wages though, which is annoying.

Wdit: they gave their insurance info, but say its not their responsibility to file, which is untrue.

[u/hellotaiwan2026 → u/Acegonia]

Hi! In Taiwan, the compulsory auto/scooter insurance only covers medical expenses.

For your lost wages (and any damage to your vehicle), you have to make a separate legal claim to get compensation. That's why I suggest you go directly to the police station to file a criminal complaint for negligent injury.

Because most people are scared of getting into a lawsuit, usually when they hear that you've reported to the police and are pressing charges, they will come to you on their own to settle.

Just remember, when you write the settlement agreement, you need to list the breakdown of the compensation amount in detail.

Also, one more thing to remind you: some people will intentionally stall. According to the law, "negligent injury" has a 6-month statute of limitations for filing a complaint. Some people know this rule and will deliberately keep delaying you.

[u/Puzzleheaded_Popup]

Lawyer fees can be around 6-12k just for the case to start. It's a long game...If you're not hurt, etc., good. Talk to a lawyer. Each city has a legal council or business where lawyers can help out if you fall within a salary bracket. Look online, etc. No matter what, cover your own defense and make sure they can't counter-sue. Hence, speak to a lawyer. 99% of these cases stay out of court, and lawyers negotiate.

[u/ShrimpCrackers → u/Puzzleheaded_Popup]

There's always arbitration, the is the first step before any court case. This government will have them both show up and talk to a judge, and the judge will try to arbitrate a settlement. 

most things are done in arbitration anyway. Unless they really want to take it to court, which I extremely doubt they will, arbitration means that he won't need a lawyer at all. He doesn't need to talk to a lawyer. It's arbitration, actually. 

[u/Acegonia → u/Puzzleheaded_Popup]

Solid advice, and depressing news haha. thank you. I shall be googling.

[u/hiimsubclavian]

1. Stop trying to deal with the daughter, deal with the old man's insurance instead (assuming he has 3rd party liability insurance). There are some people out there who think the best way to approach any dispute is to be hyper aggressive, whether they are in the right or wrong.

2. If no insurance, file a police report and allow the incident to go into arbitration. They'll tone down their aggression when presented with overwhelming evidence and a looming court case, especially when the arbitrator starts throwing around words like "jailtime" and "criminal record".

3. Let the case go to court only if arbitration fails and there are no other options.

[u/New_Physics_2741]

I can feel it, you are gonna fight a good fight. We are all rooting for you. :)

[u/hellotaiwan2026]

Hi friend, I'm really sorry you had to go through this.

In Taiwan, we have a slang term for elderly drivers who ignore pedestrian safety - we call them "mobile spirit tablets" (移動式神主牌). It literally means a "walking tombstone," because they are so dangerous on the road.

Anyway, here is what I would suggest you do:

1. Go to the police station and file a criminal complaint for "negligent injury" (過失傷害). Bring your medical examination report, all medical receipts, any surveillance camera footage, and a friend who speaks Chinese.

2. After you finish giving your statement at the police station, you can leave. Make sure to keep the receipt/document the police give you. If you're worried you won't understand a phone call in Chinese later, you can ask if you can leave your Chinese-speaking friend's phone number as a contact.

3. Contact the American Institute in Taiwan (AIT) - which serves as the U.S. consulate in Taiwan. Tell them what happened and ask for assistance. Although AIT cannot pay your medical bills, they can check on the case. Generally, local police stations don't want to get involved in an international incident, so they will handle your case more actively.

This is based on my experience helping a friend before. I hope this information helps you.

Oh! I almost forgot - you can record your conversations with them. Don't worry about breaking the law. As long as you are one of the participants in the conversation, you are legally allowed to record it in Taiwan.

If you want to learn more about how traffic accidents are handled in Taiwan, I’ve written a free guide on my Patreon — you can find it on my profile. Hope it helps!

[u/Ruyi777]

You're dealing with an unreasonable and dishonest party. Save yourself the long, protracted headache, and cease talking with them in any capacity.

Get a lawyer NOW! Explain your case. Explain your dealings with the other party. Communicate to the attorney what you want. Go full throttle. Show no mercy. Let the lawyer handle it from here. Let your friend(s) who communicate better in Mandarin than you accompany you to the attorney's office. This is money well-spent. You will get it back and then some.

Don't waste any more of your sanity and valuable time playing with these dishonest people. Lawyer up!

[u/Rain-Plastic]

I commented on your last post that you should take him for everything you can. Now you see why?

This is textbook behaviour on their part.

[u/Jave285]

I don’t know enough to accurately answer your questions, but I will just say, if I was in that situation, and the other party was behaving like that, I would consult a lawyer ASAP, and get them to handle it.

[u/Acegonia → u/Jave285]

Thank you. Hoping to avoid that because I am, alas, A Poor.

[u/ShrimpCrackers → u/Acegonia]

Don't get a lawyer, you're way way way way too early for that and there's arbitration. With video as you described there's NO WAY they're going to win in court or arbitration.

Make it very clear in arbitration that if it goes to court, you'll have to lose even more time and you will demand maximum punishment and compensation.

[u/I_Am_JuliusSeizure]

Sucks man. I got downvoted to shit for saying it wont be easy by the white knights, but here we are

[u/BoronDTwofiveseven → u/I_Am_JuliusSeizure]

Not surprised honestly, but you'll get downvoted for speaking the truth.

[u/d-crow]

im sorry you're going through this, but i absolutely lost it at "skittled".

i'd personally suggest you tell this woman if shes not willing to go to the police station with you to have this conversation, then all communications will go through courts which will cost both of you more. dont waste your time talking to her directly

[u/MajorPooper]

- Taiwan is a single party consent country - you can record phone calls.

- Likelihood of it getting to court - 50/50 pending on how long they drag this on and how asshole they are.

- Could be a few years. Could be a few months.

- You can have the lawyer fees covered by the losing party but this isn't the norm - you'll need to speak to a lawyer.

- I don't know of any that do no-win no-fee kind of things. You might have to bite the bullet and pay for a lawyer (not a long term retainer just on work basis)

- Definitely should get a lawyer - don't fake any documents.

Arbitration as u/ShrimpCrackers points out is the first few steps to this. The police will attempt to arbitrate first - then it eventually gets to a court where the court will attempt to arbitrate. I disagree with him in the sense of getting a lawyer. At this point you having a lawyer's letter and at least a consultation will be good for you so you'll know who to go if and when the time comes that you'll need one.

Also you can request the CCTV footage from the police and upload it to social media and make this a massive deal too. There has been a plethora of these vehicular accidents as of late and the general population is unhappy over it. Public pressure, its also an election period, could add more fire to your arsenal of getting justice here.

[u/Ruyi777 → u/MajorPooper]

This

[u/Acegonia → u/MajorPooper]

Thank you!  Im gonna maybe do some research but im almost certainly not going to hire someone in the next few days at least, accident happened a day ago. And its a pretty big step for me. Cooler heads may yet prevail. I hope.

[u/ShrimpCrackers → u/Acegonia]

In my other post, I already wrote about how you can get free consultation with a lawyer, please do not hire one at this point because even if you win, in Taiwan, you cannot recoup legal fees unlike the US.

Furthermore, you have six months from the date of the accident to file for negligent injury, make it clear that, no matter how the negotiations go, once it hits a week before the 6-month deadline, you are filing for negligent injury no matter what, because otherwise you lose out entirely.

If I were the other party, I would simply drag on negotiations past 6 months by using the lengthy mediation dates and then force you to settle for less.

[u/ShrimpCrackers → u/MajorPooper]

The 1st step in civil court battles is always arbitration, where neither side having a lawyer helps. They can't even avoid it, they must go through arbitration.

So he won't need a lawyer any time soon.

[u/MajorPooper → u/ShrimpCrackers]

This is where we disagree - having the knowledge of someone they can goto for legal advice would be miles better and safer than soliciting random knowledge from albeit knowledgeable people on the interwebs.

Not saying they'll need one on retainer - but a consultation and a letter headed letter as a threat is pretty solid early on.

I can see the daughter and the family being a bunch of dickheads trying to pressure the OP, they'll attempt to weasel as much as they can out of taking actual responsibility.

[u/ShrimpCrackers → u/MajorPooper]

I think we’re confusing getting legal advice with actually hiring a lawyer.

I’ve dealt with this system in Taiwan, and ordinary traffic accident claims routinely go through local mediation which is free and doesn’t require a lawyer.

A lawyer’s letter has no power to compel payment. It might encourage someone to settle, but the evidence and the actual compensation claim matter far more.

Given that there’s police footage reportedly showing the driver running a red light and hitting a pedestrian, I’d start with the insurance claim, collect the medical records and evidence of lost wages, obtain the police accident report, and pursue mediation.

If the other party refuses to cooperate, disputes liability, or the compensation becomes complicated, that’s when I’d consider paying for representation.

And if OP wants legal advice now, Taiwan’s Legal Aid Foundation actually provides free consultations in English. There’s no need to spend thousands of NTD funding a lawyer.

One important point: negligent injury carries a six month criminal complaint deadline, separate from the usual two year civil compensation period. OP CANNOT miss that deadline no matter what.

[u/ShrimpCrackers]

I hate to say this, but everyone telling you to get a lawyer is wrong. It's too early. Let it go through arbitration, and in arbitration, the judge will try to push for both sides to settle because, in this instance, their party is absolutely wrong. All you really need is just to show, have the video, and have the recordings and your documents. Since you are the aggrieved party, you can actually just say what you want to settle for, and you should have everything you stated. Instead of asking for on top, talk about lost time versus your salary. What you should add on top is the demand that the other side should be punished, perhaps with a suspension of their license for 1 year because they hit you and then they ran. The fact that they ran a red light to hit you straight on and then ran away is enough reason for you to demand this. Obviously, that's going to be harmful to the other side, so they're going to want to settle for less. Just aim a little higher, but within reason, and you should be good. 

[u/bigbearjr]

All future communication should be conducted through writing. Text messages, emails, written letters ONLY. Do not talk to this woman.

Make a very clear written statement to her, checked by people you trust. The brunt of it should be something like:

"I am seeking appropriate damages from the at-fault party to cover my medical costs, pain and suffering, and lost income. Right now, I am willing to settle for an amount of [NT$150,000]. However, if this process drags on, if I am stonewalled, and if we are forced to take this to court, I will seek maximum damages possible for increased emotional and mental suffering, legal fees, possible future medical expenses caused by the injuries sustained from the illegal actions of the at-fault party, and any possible punitive damages allowable by law, including possible criminal charges of [reckless endangerment causing bodily injury, or whatever the law is] against the at-fault party. You have seven days to agree to the aforementioned settlement amount before I reassess the amount."

Squeeze and squeeze hard. And get that old man off the road however possible.

[u/eatsleepdiver]

Get a lawyer. I haven’t heard of “no win no fee” style in Taiwan. Usually they will quote an upfront fee and then that gets taken off any settlement.

Document like crazy. This means keeping any hospital bills, taxi receipts, doctor’s certificate,etc.

I’m surprised their insurance isn’t handling it. Plus the mandatory vehicle insurance should kick in.

Not sure having a friend act as intermediary would help. That just complicates the issue.

Good luck

[u/Acegonia → u/eatsleepdiver]

I do not speak mandarin well, soooo.... not having an intermediary is not really an option.

They are saying it isnt their responsibility to file with their insurance (bullshit) 

So we will go to shilin to file on Monday. I feel like getting my lost wages covered is pretty fair, but compulsory insurance apparently doesnt cover that??  They are refusing to activate their third party insurance. 

[u/TWCan → u/Acegonia]

A lawyer will more than pay for themselves, and while they don’t usually do a “no win no pay,” there are definitely some lawyers that, when you show the video evidence and the police report, would be willing to help you for a cut of your payout and would defer payment until the case is settled. This could definitely result in going to court a few times though, but that’s usually not with such an open and shut case if the police report puts blame on the other party at 100%.

Getting a lawyer though would mean that you pursue this to the maximum extent the law allows, it’s not worth it for a lawyer to get involved for paltry change to cover your healthcare costs and your few missed days at work. You will have to have a conversation with the lawyer about what exactly is the maximum that you can fight for.

I suggest the lawyer, if you are injured in an accident I believe it is a criminal, not a civil, offense and the guy would face jail time as well as reparations payments.

[u/eatsleepdiver → u/Acegonia]

Record everything. Do another phone call and record. Or say you’re recording it. Once you say you’re recording, their tune changes or they continue to rant.

It’s weird in Taiwan, generally speaking people will fight tooth and nail or come up with the most outlandish ideas to avoid accepting responsibility. They hope you just give up or that you’re a foreigner and normal rules don’t apply. The screaming doesn’t surprise me. That’s a go to for many here.

Just let them dig themselves into a deeper hole with their own words.

I haven’t heard about compulsory insurance covering lost wages. I think it covers only personal injury??? Do you have accident insurance? That would cover you too for injury.

Email your work saying you have to take time off with a doctor’s certificate. That leaves a paper trail and can be used to claim for damages.

Like what others have said, there’s free legal council.

[u/StormOfFatRichards]

The people in Taiwan are some of the nicest in the world so long as they want something from you. That changes when you want something from them.

[u/Rain-Plastic → u/StormOfFatRichards]

Facts. If either they want something, or dont want to lose face.

[u/AlternativeHat8964]

Wait for the verdict from the traffic police, go to mediation. Hopefully they're smart and just pay you the 20-30k, which is peanuts for most people. They should be grateful it's not a lot more serious.

If that doesn't work, it goes to court where you do the same thing but in front of a judge. Traffic accidents are absurdly common. Each hearing is like 5-10 minutes.

It's not a big a deal. Hopefully it doesn't escalate to applying for injunctions and such.

[u/Acegonia → u/AlternativeHat8964]

I also really hope they are bluffing and it doesmt go that far. Yes, waiting for the result from traffic police before mediation seems to be the thing to do.

[u/thorin8 → u/AlternativeHat8964]

This is the correct answer and everyone telling you to get a lawyer is wrong. If the first mediation fails then there may be a second and third one. You can ask for an interpreter or you can send a proxy like a friend or your insurance agent. If you don’t know your agent personally you can ask your insurance company to send someone.

If and only if mediation fails will it go to court and usually the judge will ask you to try mediation again. Insurance doesn’t cover lost wages but the other party should. You can claim that from them. Keep a record of days missed and all medical expenses.

In mediation and in court no one cares about he said she said. It’s all about facts.

[u/agritite]

Do any lawyers here operate on a no-win, no fee basis?

Taiwan law strictly limits contingency. I think most lawyers don't take contingency.

Is it possible to have them cover my lawyer fees when they lose?

Taiwan law does not allow that.

how likely do you think this REALLY is to go to court? (I REALLY DO NOT WANT TO)

Did you actually inform the police that you wish to sue criminally? or you're just "reporting"? Those have different legal meanings.

[u/Acegonia → u/agritite]

Thank you so much, and noted

• no i did not tell the police that I wish to sue... because I dont, particularly? But I also dont want to be bullied, or fobbed off either.

 What would telling the police i intended to 'sue criminally' change, in terms of my interaction/the polices response? Also my impression was that this was more of a civil matter??

[u/agritite → u/Acegonia]

Obligatory disclaimer: I'm not a lawyer. Do not blindly trust online legal advice.

There are civil lawsuits and criminal lawsuits. I presume the one you wish to avoid is the former. In the latter case, you tell the police (or you can directly go to the prosecutors office, both fine) you want to officially sue the other side of Negligent Injury (過失傷害) (yes this is a crime). In criminal cases the prosecutor is the plaintiff, not you the victim, so you would not need a lawyer. In summary crimes like negligent injury, the prosecutors most likely will summon the victim and the defendant and ask if both would like to reconcile as a final confirmation before really filing the indictment. Then there you can tell the prosecutor that your condition is that if the defendant pays xxx amount of money you'll drop the case (Yes, Negligent Injury is a "No Trial without complaint" crime, so the victim can decide to drop the case). Basically using criminal proceedings as leverage. This is common practice in Taiwan.

Yes, there is a possibility that the defendant would rather be sentenced then pay up (very unlikely imo). In that worst case then you can still file for a "Supplementary Civil Action"（刑事附帶民事訴訟）. Basically it's a civil action attached to a criminal lawsuit. The good thing is that once the defendant is convicted, the affiliated civil suit will directly use the fact that the defendant is convicted of negligent injury so you don't need to show up in court at all, or hire a lawyer, since there wouldn't be any oral hearings. Edit: Most likely wouldn't. It's still up to the judge.

So TLDR If I were you I would:

1. Press criminal charges (go to police station and say I wish to sue for negligent injury)
2. Wait for summons from prosecutor
3. At the prosecutors office tell the prosecutor that your condition for reconcilation is xxx$, and you will drop charges if the defendant agrees to pay. If the defendant agrees, once you received payment then you drop charges. Everyone is satisfied.
4. In case that the defendant refuses, once the the indictment is in effect, also file for Supplementary Civil Action (You fill out a form then send to the court). Shouldn't need a lawyer.
5. Wait.

Edit: Mind that statute of limitations for criminal charges is six months, and civil tort is two years.

[u/YourVelourFog → u/agritite]

This person knows what they’re talking about!

[u/agritite → u/YourVelourFog]

TBH all Taiwanese high school graduates would/should know this. It's basic civics :)

[u/add_more_chili → u/agritite]

Foreigners are less educated and TBH after being through the courts once after another foreigner assaulted me, it works a lot differently here than common law courts. IMO it feels more like a shake down 90% of the time where one party wants money and the judges are there to make sure it happens, else they face a criminal complaint. So instead of someone facing serious consequences for their actions they only have to pay so much money for it to all just go away.

[u/agritite → u/add_more_chili]

I'm not saying foreigners should know.

[u/_spangz_ → u/add_more_chili]

it works a lot differently here than common law court

Common law court systems aren't the norm in Asia unless the last colonizer was Britain.

[u/YorkistTory → u/_spangz_]

It’s not the norm globally at all but is undoubtably the better system, hence why they’re so attractive for commercial litigation.

Civil codes and in particular Taiwan’s German inspired system are just not good and don’t give flexibility for basic common sense most of the time.

It’s a system from an authoritarian age whereas Common Law is designed for high trust democratic society.

[u/KeVgelblitz]

Where do you live? The city court or Civil Affairs Office usually has free lawyer consulting, although there maybe a limited number of spaces, so get there early. Preferably half an hour to an hour before it starts

[u/Monkeyfeng]

I remember there was a Korean guy in Taiwan that also got hit like you and he did a Instagram series on how much BS he is going through. Might be worth it to check it out.

[u/Notalent-chan]

Don’t accept any money or
communicate with them and hire a lawyer ! My best friend was run over by a scooter and that was the first thing the cops told her. She followed their advice, went to court and turned out the driver had multiple past offenses. My friend received compensation and the driver went to jail for several months (it was a serious accident)

[u/hkg_shumai]

So in Aust we have personal injury lawyers that charge only if you win. The court will usually make the counter party pay for your legal fees too. Is that not a thing in Taiwan?

[u/YorkistTory → u/hkg_shumai]

Taiwan’s legal system is like something out the Qing Dynasty.

The roads and the legal system are the two things Taiwan is absolutely the worst at.

Taiwanese do not actually have a serious road licensing system so most people don’t know how to drive safely.

[u/Charly_Wen_9]

If it just small medical bill amount just go to their insurance with the police reports. Don't make it big in the end you will lost your time and money. But if bigger amount where talking here then find a good English speaking lawyer and do it.