In Hong Kong, if a traffic accident is caused by someone else's negligence, an injured pedestrian, passenger, driver or motorcyclist can generally claim personal injury compensation from the party responsible and their insurer. Personal injury claims are subject to time limits. To find out more about your rights, please contact us.
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Legal proceedings for personal injury generally must be started within three years of the accident (or of the date you learned the injury was significant and linked to the other party). For minors, time generally runs from age 18.
If the vehicle was uninsured or cannot be traced, the Motor Insurers' Bureau of Hong Kong can help with death or bodily injury caused by the accident, but not property damage.
The Social Welfare Department's Traffic Accident Victims Assistance Scheme applies regardless of fault and has no means test, but the accident must have been reported to the police and you must apply within six months of the accident.
The information and evidence you keep after an accident often affects your claim later. The following is general guidance; each case depends on its own facts.
If the accident happened in the course of your work, as well as claiming against the party responsible, you may also be entitled to compensation under the Employees' Compensation Ordinance (Cap. 282).
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If the accident was caused by another road user's negligence, such as careless driving or failing to give way, the injured person can generally make a personal injury claim against the party responsible.
Under the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272), motor vehicles used on the road must be insured against third-party death and bodily injury, so compensation is generally handled by the insurer of the vehicle responsible.
Yes. The time limit for a personal injury claim is generally three years, running from the date of the accident or the date the injured person learned that the injury was significant and linked to the other party, whichever is later.
If the injured person was under 18 at the time, or lacks mental capacity, time generally only starts to run once that is no longer the case. If the accident caused death, the dependants' time limit is also generally three years. The court has discretion to extend the time limit in special circumstances, but this should not be relied on; seek legal advice as early as possible.
Generally, yes. If the injured person was also negligent, for example by not wearing a seat belt or not watching for traffic when crossing the road, the court can reduce the compensation in proportion to the injured person's share of responsibility, rather than refusing compensation altogether.
The Motor Insurers' Bureau of Hong Kong has operated since 1981, and every insurer offering motor insurance in Hong Kong is a member. If it is difficult to obtain personal injury compensation because the vehicle was uninsured, the insurer is insolvent, or the vehicle cannot be traced, the injured person can seek help from the Bureau.
The Motor Insurers' Bureau only handles claims for death and bodily injury, not property damage.
The Traffic Accident Victims Assistance Scheme, run by the Social Welfare Department, provides financial assistance to victims of road traffic accidents or the dependants of those who died. It does not consider who was at fault and has no means test, but the accident must have been reported to the police and the application must be made within six months of the accident. Property damage is not covered.
If the applicant later receives other compensation for the same accident, the assistance received must be repaid. If a claim or legal proceedings are brought, the Director of Social Welfare must also be notified.
Depending on the injuries and the circumstances, a personal injury claim generally includes:
What can actually be recovered, and how much, depends on the medical evidence, proof of income and other facts.
Yes. Like drivers, passengers, pedestrians, cyclists and motorcyclists injured in a traffic accident through someone else's negligence can generally make a personal injury claim. A passenger may also be able to claim against the driver of the vehicle they were in, and that driver's insurer, depending on who caused the accident.
Possibly. Under the Employees' Compensation Ordinance (Cap. 282), an accident while carrying out duties, or while travelling to or from work in specified circumstances, such as in transport arranged or provided by the employer (excluding public transport), is generally regarded as a work injury.
In these situations, the injured person may have both a work injury compensation claim and a claim against the party responsible. How the two fit together depends on the circumstances, so seek legal advice as early as possible.
The content of this page is general legal information only and does not constitute legal advice. Each case depends on its own facts; please contact a solicitor for advice.
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