In a scooter accident. Could use some advice

Finally happened: got into a rather brutal scooter accident (I am generally okay, though, thankfully).

I’ll write an abbreviated version

  • I was driving a scooter, GF on back, cruising through a green light when a scooter literally popped out of nowhere. I t-boned them at 50+ kmph and went flying. Hurt like a bitch. Ambulance came. GF and I got really banged up, but somehow escaped any real damage. Few cracked ribs for me, scraped and bruises for us both but nothing broken and no concussions or anything.

-After we got all patched up, we met the people we hit. The dude was talking to the police, claiming it was my fault. His parents came and started to yell at me. I didn’t back down. I was in shock, but I KNOW that light was green. But, as the foreigner, my opinion wasn’t hugely respected. The guy I hit suggested that we both pay for our own scooters and go our separate ways (an idea I rejected).

-My scooter is all but totaled. Going to cost 25,000 NTD to fix.

-His mom was being a huge asshole. Whenever I would call to discuss (and ask her to pay for damages), she would be rude and hang up.

-Finally, the cops told me that they had traffic cam footage! Just as I said, I was going through a green light, and he illegally turned in front of traffic and ran right in front of me (and I couldn’t see him as he was hidden by cars).

-After the traffic cam footage was available, he immediately changed his tune. He offered to pay for $25,000 in full.

So, good, right? But, he clearly changed his tune because he knows all the evidence is against him now.

But, is it smart to settle for scooter damages? I mean, I also ruined 2 helmets, 2 pairs of $200 USD sunglasses, etc etc. And, of course, it was extremely traumatic, my GF and I were layed up in bed for 2 weeks, etc.

The fact that offered to pay so quickly scares me; it’s obvious that he is horrified of going to court or something.

My taiwanese friends are telling me to just take the $25,000 and drop it. They say the only other option is to go to court, which is expensive. Is this true? Is it smart to settle out of court? Is there any advantage of continuing the process, letting the cops make an official decision of guilt, etc? Just not sure what to do here, as I am not too familiar with the laws here. In the US, Id probably demand some money for the helmets, glasses, pain and suffering, etc. But, as a foreigner in Taiwan? Maybe its better to just get my scooter fixed and be done with it.

Any suggestions or advice are hugely appreciated.

sounds horrible. glad nothing more serious happened to you.

please clarify for the fred:

-did you miss any work? If so, how much income did you both lose?
-do you have any injuries that look like being long term problems? What, specifically?

excluding the above, what was your total cost (itemized)?

[quote=“Kea”]sounds horrible. glad nothing more serious happened to you.

please clarify for the fred:

-did you miss any work? If so, how much income did you both lose?
-do you have any injuries that look like being long term problems? What, specifically?

excluding the above, what was your total cost (itemized)?[/quote]

We didn’t miss work out of pure stubbornness. We really should have stayed home, but we hobbled our way to our offices and got it done.

It’s hard to know about the health. They took X-rays and that was about it. My neck still hurts, but it’s improving. I guess I can’t really know if maybe there will be long-term damage to my knee/back/etc, but I’d say with some confidence that I will be okay.

Scooter is 25k, helmets totalled about 4k, our sunglasses were purchased in the US, but I’d say roughly 12k. The sunglasses are a bit difficult though, as they weren’t ruined completely. Just scratched to all hell (still using mine).

I also have spent about 2k on cabs to get to and from work since the accident. But, it was somewhat by choice (the choice being that I didn’t want to wake up 2 hours earlier to take a bus).

So, the scooter is the big cost, I suppose. I guess I am just wondering why he is suddenly to eager to pay. Is there some advantage of me waiting it out?

(on phone)

not an expert, but regardless of going to court or not, you should goto your local PD’s traffic division to ask for an preliminary analysis report.

100% take them to court.

Years ago I ran into the back of a double-parked taxi (door wide open, driver having a chew with his buddies on the sidewalk). I came around the corner and had nowhere to go, so I ditched and ended up breaking my elbow and foot. It was a rental, and I had no DL. My boss took it on herself to fight my battle for me and ended up getting me a settlement of 90K.

If you can’t find someone to represent you, try the legal aid society. But do not back down. Take the idjit for as much as you can get.

Got to agree with Toe Save 100%. $25,000 is not enough. This guy will have to pony up more dough than that. You don’t have to get ridiculous about it, but include the costs of the other broken items, hospital costs if any, and a bit of pain and suffering. He will pay it. He has nowhere to go with video evidence against him.

The search function will turn up some excellent information from those that have been there and done that.
Example:
forumosa.com/taiwan/viewtopic.php?t=39849

You have 25k on the table, that might suit you, I don’t know, but its a pretty rotten deal from the sounds of it. However, once you reject it all bets are off, and you need to be prepared to see through whatever you start. no bluffing. Im currently in year 5 of a class action law suit for what its worth. But the person being sued can more than handle damage, and nothing to do with accident insurance.

If you think 30k or 40k is fairer. Tell them 50k right here and now, or you will sue for 250k and remind them of injuries to 2 people. I’m not sure exactly what your injuries and your girlfriends injuries, but I doubt that a court would award you 250k. But without a differential, there’s no incentive to settle. Whatever you ask, even a few dollars more they will either haggle or push back and go to court.

The ball is in your court, they have made an offer, which will be looked kindly apon by the courts. It is unreasonable, but they have to make an offer now that the fault is know to be the other party. Appealing to them by stating your injuries and what you have paid on top of the cost of 25k to the scooter, wont have them turn around and say "oh sure, I am being unreasonable, I'll readjust my offer" They will then ask you what you want. They know the trouble they have caused and they know most likely what this will cost if it goes to court. Which from the sounds of it will be quite a bit more than 50k.

Oh , and document everything as best you can. Photographs, medical records, and make sure they know you have them.

you want an official record of the incident asap before the video “gets lost”. make threats only after you have something official and legally binding in your possession at home. last thing you need is to piss off the wrong person and end up with no evidence.

The police told me that I couldn’t have a copy of the video due to “privacy issues” (other people were in the video). Is this complete nonsense?

Not a lawyer, don’t play one on TV – but how is there any expectation of privacy on a public street?

The main thing is that you are ok. Compensation in traffic accidents is not well regulated and is subject to a lot of negotiating. IF the accident was serious, usually the insurers are the ones negotiating payments, etc. But in your case you probably lost something in the neighborhood of 50,000nt ish? And they are agreeing to 25,000? Maybe try for 50,000 and if they say no, go to 40,000? If not, go to 30,000nt? Explain to them your actual loss.

But it may be good to take the 25,000nt and chalk it up to another lesson learned.

Accidents do happen and you have to be on your toes at all times, every second.

i was thinking more a signed and approved official document stating that there was a video and that it showed him at fault and it is in writing exactly what happened. im not sure if i would ever expect a copy of the video, but you should demand a written document explaining the entire situation in full, and signed by an officer. they are crooked fuckers and they can, and often will, hide/lie/cheat you if the person you hit, or his family, has any influence.

cross your ts and dot your i s before you starting pushing your weight around, i have seen it go south many times, you dont want to take any man in blue’s word for it or trust them with anything short of official documentation that is signed and you have taken home (ie. in your personal possession). they should have an A4 size paper with a layout of the road, in your case an intersection, and you, or they, draw the situation and that is accompanied by yours and his official statement of what happened on another form. they will ask you a series of questions and they are supposed to write down the answer. i would suggest calling the foreign police to have English available or have a local that you can actually trust accompany you to translate. being right doesnt mean you will win.

that’s what google map said…

[quote=“Pingdong”]I was thinking more a signed and approved official document stating that there was a video and that it showed him at fault and it is in writing exactly what happened. im not sure if I would ever expect a copy of the video, but you should demand a written document explaining the entire situation in full, and signed by an officer. they are crooked fuckers and they can, and often will, hide/lie/cheat you if the person you hit, or his family, has any influence.
[/quote]

that’s why he should go to the traffic division in his area and get that report.

since the guy who ran the red light deliberately made false statements to the police, you could get him into a lot of trouble taking him to court now that you have the evidence, that’s why he’s so eager to get you to settle.

One question: did they take a breathelizer test from the guy?

Responses to dumb posts were sent from my Nexus 7, I hate Apple BTW, with Tapatalk 8

[quote=“Belgian Pie”]One question: did they take a breathelizer test from the guy?

Responses to dumb posts were sent from my Nexus 7, I hate Apple BTW, with Tapatalk 8[/quote]

They breathalyzed me. They may or may not have breathalyzed him. When it was all going down, I was in shock and worried about my GF, so sadly I wasn’t in the right state of mind to insure that the other guy had one.

I imagine he probably did, though I suppose it could have been a case of “breathalyze the foreigner.” Either way, I didn’t get the sense that the other guy was drunk.

It is standard practice to breathalyze people who have been in a traffic accident. Once an idiot drove into my car, the police brethalyzed me printed out the result stating a BAC of 0.0 and asked me to sign.

I asked if it was needed as it showed no alcohol. They told me it was regulations.

I have a good Taiwanese lawyer friend. He just started his practice and so he’s taking any and all cases. I’m sure he would take on such a case for a low fee. He has court experience. PM me if you’re interested. (He is a good guy and I’ve known him for 6 or 7 years. He got me my present job which is the best I’ve had in Taiwan so I’m always trying to return the favor.)

so where did it happen? Taipei? Taichung? Everyone knows that it’s better to wait up even if its green. I guess I’d take the 25k and let it go. They will always find a way to screw you if you don’t take it. Maybe the footage goes missing? Afterall its Taiwanese vs. Foreigner…