I just got accident…hit by a car … taiwanese is a driver on pedestrian lane…how much will compensate to me?..I got knee bruise and soared ligaments…I didn’t work almost 2weeks … doctor says that I’ll be on rest 30days according to my medical certificate…they said that they insurance will compensate to me …how much can I get?
Good evening and welcome,
It all depends on how good your lawyer is, keep a record of all expenses and lost wages etc, you will need as much evidence as you can get. If they make you an offer, it’s up to you if you accept it if you are happy with it. otherwise it will first go to mediation and if still not settled it will go to court and be decided there.
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Keep bills from hospital. Their insurance might ask for more documentation one can get later from the hospital. But their insurance might not be liable because the accident did not occur on the road. Then the person need to compensate you.
They also must compensate you for the loss of income.
Besides that you can ask for additional compensation for pain and suffering. But that will be negotiated in a mandatory mediation meeting. If no agreement is made after 3 meetings, it will go to court.
You can ask Taiwanese you know how much you should demand.
Make sure you don’t sign anything or agree to take money ahead of time. It is safer to get it after mediation. Or they will argue you already agreed to the sum they gave you and that the case is settled.
Your lever is that you can file a criminal case with the police for 6 month after the accident for bodily harm they negligently caused. They will be persecuted and might get a criminal case on the record.
You can agree to let it go if they pay you the amount you are asking.
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In Taiwan you only will get compensated for actual damages.
There is no compensation for your pain suffered.
If you make 600 NTD an hour and you could not work, you most likely get 8 x 600 NTD for each day you could not work.
Keep all the bills for taxis, restaurants, cleaning assistant, etc. Those expences you can get compensated as well.
If you want to gamble higher than that, you will most likely need insurance that cover your lawsuits. Don´t know they even exist in Taiwan.
As a foreigner, you can pretent you have those insurance and already talked to them and pretent they will cover the lawsuit. Then settle at a bit higher reimbursement.
Without a lawyer, I´d say no chance. Your bodily harm makes it a criminal offence that could give you the advantage, but only if you can settle out of court.
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This is not true I got compensated for my inconvenience on top of my actual out of pocket expenses.
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Insurance will fight it. One needs to get compensation from the person for this. Like I said the lever and motivation to settle is the possible criminal case.
Need to make sure the insurance does not sneak into the agreement that no criminal case will be filed. Keep that option open.
Btw. I hope you can fully recover. This really sucks.
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That was ordered by a court?
Settled in the first mediation, my representative ended up getting me more than I actually would have settled on, I think they could tell they had been out gunned and settled.
I told another member here at the time, it was an accident and if they took responsibility at the time i would have settled for cost, but they didn’t and it cost them and extra 35% on (I was looking for 25%).
I will note I wasn’t being greedy, wasn’t hurt and told them that the extra was really for inconvenience and the mediator agreed.
Court is additional large cost for the lawyers out the window. Most settle.
Especially if there is a criminal case they can avoid, which would mean a second court case from the prosecutor.
The criminal case will be dealt with separately by the police.
Only if the OP presses charges for bodily harm. Otherwise the police will simply issue a fine for driving on the sidewalk.
The prossecution can chose to drop the case if there is not sufcicient public interest to persue. You as the victim can choose not to press charges.
That´s the window for your negotiations. But, in my opinion, you are walking a thin line from extortion.
If you’re going to press charges do it, part of the system here is that the victim can receive compensation and an apology, thats how rich people get away with some pretty shity stuff.
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The police can still prosecute for causing an injury while dangerous driving (don’t know the exact wording).
I’ve been ask them to compensate me 20k nt …20k nt is reasonable…I didn’t ask for higher. Just for my income loss and pain & suffering…but they didn’t want to pay … because they said it is not reasonable…
Big mistake!
You should have lawyered up and ask for the reasonable maximum. 500K
then eventually press charges and settle with 20k better 200k.
20k is an insult!
You have a bodily harm which may be fixed but may cause trouble down the line years later. Here is your negotiation power. If you say uhm oh maybe 20,000 please. Then that´s the most the other side has to worry about from then on.
Remember you don´t have to settle ever. Just keep your claims open telling them you are not sure there won´t be any problems down the line.
If they ask why, it´s your medical history you will only reveal when it goes to court.
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Precisely this as above. The threat of criminal record is your ace, use it!
This guy has probably done it before and got away with the 20k compensation to some poor shmuck.
These taiwanese can be very flippant and carefree about causing people permanent injuries on the road.
You were on a pedestrian area after all. Make him pay up bigtime.
As hamlet said lawyer up, demand 500k and negotiate from there. If he does not want to pay 300k then do ahead get the police to charge him. See how he likes a criminal record.
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