My 11yr old daughter is being sued - can you believe it ?!

My 11yr old daughter was hit on a dark rainy night, after she had crossed the road and was on the white line indicating the edge of the road, when a girl on a motorcycle hit her, then hit another car and slide down the road - the motorcycle rider maintains it was 100% my daughters fault and is now about to sue my daughter /us for damages.

The motorcycle rider was Ok except for the fact that she bumped her nose and broke it, my daughter was knocked to the ground and hit her head badly.

The law appears to be on the side on the motorcycle rider because my daughter crossed the road were she should not have done ( and not on the zebra crossing 50 meters away where no one gives way to pedestrians anyway) and the m/c rider maintains that my daughter ran into her, but I have witnesses that say this was not the case.

It does not appear to matter that all the other vehicles on the road were stopped waiting for a red light, the motorcycle rider was riding too fast in a narrow space, in poor conditions with no front brake and an illegal front tyre. ie riding without due care and attention, this doesn’t seem to count over here!

We have already had 3 negotiations and it is clear the family is using this to get money out of us, we have already offered what most people think is a fair amount , but they want in excess of USD3K - I personally think it was as much the motorcycle riders fault as my daughters and we should drop it and get on with better things !

Do we just have to wait an see what the prosecuters think of this and pay my daughters fine or is there anything we can do - should we shame these people for taking advantage of a child ?

I don’t understand your post. Is your daughter being threatened with a civil action by the motorcycle rider seeking to recover money, or a criminal action by the government to punish your daughter for jaywalking? You mentioned prosecutors, who are government attorneys that file criminal actions, and you mentioned a fine, which would also be imposed in an action filed by the government, but you also mentioned the motorcycle rider suing, which would be a civil, non-governmental action. Which is it?

In the US one cannot sue an 11 yr old child and I expect it is the same here. Maybe they can sue you for what your daughter did, but I doubt one can sue an 11 yr old.

I think whoever’s threatening you is bluffing. Sounds like a stupid lawsuit. Maybe you should sue the motorcycle rider first for the severe pain and suffering your daughter endured as a result of the rider negligently running into her.

Professional plaintiffs. They’re almost certainly bluffing. If it were me, I’d be inclined to let them go ahead and take your child to court – see how ridiculous that looks?
The woman ran over a child for god’s sake, and now she wants money from her? I can’t imagine a court – even a Taiwanese court – entertaining such a case. Surely?:s

Perhaps they can demonstrate grevious damages in court. In that case, it would be a mistake to allow it to get to court, and it might be worthwhile to settle out of court. Court costs can also start to pile up, and, jusdging by what many foreigners report about their trial, there will be extreme bias in some cases. If it really looks like it is going to or is in a court case, isn’t settling out of court still an option in Taiwan?

Nonsense. Utter bollocks. Sandman is right. Tell them in no uncertain terms that you will see them in court. Tell them to dress nicely because they’ll be on the front page of the Apple Daily.

Now. Go and ring the Apple Daily. 0809 012 555 or news ATT

Also inform them that you will be launching an action for libel and malicious prosecution. And do it.

You need a lawyer and full copies of all the statements and evidence. Do not speak to these people again. Why are the police not prosecuting the rider? That too is something the Apple Daily can help with.

Do you know any legislators? Are there any Taiwanese people in your family? This HAS to be publicised.

And I mean it about suing them. Have you got the doctor’s report for your daughter? Has she had a scan? Been to see a neurologist. Punish these feckers.

I’ve been a victim of these cunts too and I brazened it out and they dropped their pathetic suit. But not until they had dragged me to court (where the whole lot was thrown out on its arse).

I am very serious about the Apple Daily and counter-suing. You MUST counter sue. And DO NOT talk to them any further.

Criminal/civil: there is an action that can be taken in Taiwan after a road accident similar to negligence, but is handled by prosecutors. It is called “causing injury by negligence” or “Guoshi shanghai” or summat. It’s entirely free and of course appeals greatly to money-grabbing shysters who see every road accident as Christmas come early.

I agree completely with sandman and 21p.

Turn everything back on these jerks and make them regret their behavior so far.

[quote=“Tigerman”]I agree completely with sandman and 21p.

Turn everything back on these jerks and make them regret their behavior so far.[/quote]

Yes, do that because they are already thinking"new bike, new TV, new…" :fume:

Demand money from them or YOU’LL take THEM to court.

Little girl vs larger scooter. The courts will always side witht he little girl.


That is just bolloks…

  1. IF they wanna sue you or your daughter in an civil action then their claim need to be based on a violation of any rule stated in the Civil code. Since it is similar to the German System, the claim may be based on Article 184 Civil Code:

Article 184
A person who, intentionally or negligently, has wrongfully damaged the rights of another is bound to compensate him for any injury arising therefrom. The same rule shall be applied when the injury is done intentionally in a manner against the rules of morals.
A person, who violates a statutory provision enacted for the protection of others and therefore prejudice to others, is bound to compensate for the injury, except no negligence in his act can be proved.

Since your daughter is eleven years old and “limited in capacity to make juridical acts” accoring to

Article 13
The minor, who has not reached their seventh year of age, has no capacity to make juridical acts.
The minor, who is over seven years of age, has a limited capacity to make juridical acts.
The married minor has the capacity to make juridical acts.

THEREFORE, Article 187 Civil Code would be applicable:

Article 187
A person of no capacity or limited in capacity to make juridical acts, who has wrongfully damaged the rights of another, shall be jointly liable with his guardian for any injury arising therefrom if he is capable of discernment at the time of committing such an act. If he is incapable of discernment at the time of committing the act, his guardian alone shall be liable for such injury.

In the case of the preceding paragraph, the guardian is not liable if there is no negligence in his duty of supervision, or if the injury would have been occasioned notwithstanding the exercise of reasonable supervision.

In any case, they will try to hold you liable for lack of supervision. BUT to my understanding and accoring to the highlighted section above, you can prove that you supervised your child correctly and/or that under the circumstances of the accident no guardien could have done better.

Having said all this, the main point to me is that a scooter hit a girl. Taking this into account, the whole picture changes and the court has to look at tha case in that way:

A girl vs. a scooter. Who bares a greater danger? Everyone who drives a vehicle is automatically more dangerous than humans and has already 50% of the damage on his side. (In Germany that kind of case is even covered by another regulation out of the Civil Code) Only in a small number of cases the driver of a vihicle can try to get at least 50% out of the pedestrian. BUT if you desribe the conditions of wheather and scooter as you did, I bet you will have a lot of fun in the court.

To make a long story short. I totally agree with the other guys to also sue them. The applicable Artticle are statet above.

Also, don’t forget that if they DO take you to court, it will be on their coin, not yours.
There is no way in hell they are going to do this. It is PURELY a ploy to frighten you into giving them some money.
Don’t fall for it. And don’t pay them ANYTHING.

And ring the Apple Daily. Seriously. They’d love it. I expect to see an outraged and indignant headline on Monday’s paper. (Depending on how many stabbings/suicides/child rapes/drunk driver bus and cop car crashes there are over the weekend which may steal that front page of course)

Much to my amazment the motorcycle rider/family have requested the police to launch a crimnal case against my daughter /us - this is under the Gwor Sir Shang-hai law - ( article 284??)this has yet to be fully explained to me - but bascially means my daughter’s negligence caused serious harm to the motorcycle rider !! The police have informed us that a case has been filed - so this is really happening !

My wife has written to Apple Daily - I think I shall try to talk to them direct - but want to understand as much as poss before pushing the media.

Yes - will are looking to sue the motorcycle rider and have a local lawyer on the case - he points out the rider says in her statement that she wasn’t clear about what was going on in front of her ! So we have grounds to sue on that.

This is one sick world we live in today… Wouldn’t you agree? 11 year old girl… I’m at a loss for words. :unamused:

I’m not making light of the situation… however, just so you understand, all this means is that the other party has asked the prosecuter to investigate the case. The prosecuter will decide whether or not to indict your daughter/you (indict = send the case to trial). The prosecuter will likely encourage the parties to settle.

We do not know all the facts of the case, but, based on what little we do know, I would be inclined to refuse settlement, unless settlement was relatively painless. One way to increase your likelihood of reaching a settlement is to make it a possibility that the other party too is at risk of a conviction (i.e., by filing a counter suit).

i am so sick of taiwan right now.

if you do what 21p said and FIGHT them - dont give them a penny! - and the court makes you pay i personally will give you some money - but only if you fight it. im starting a fund right now. i will give 2 thousand NT. anyone else?

This is a crock Morley. The pedestrian always has the right of way, even in Taiwan. I’m reminded of a friend of mine who hit and killed a drunken pedestrian who staggered out from between two parked cars at the last second.
When it got to the legal proceedings stage there was never even a hint of a question that it was anyone’s fault but the driver’s.
Your case is still far from the legal stage. Glad to hear you’ve got a lawyer. Please keep us informed.

It’s not a criminal case as we would understand it, but it does involve a prosecutor and will require a trip to court. Been there. Done it. You will receive a summons in the post (chuan piao).

They are saying that your 11-year-old daughter through her negligence caused the motorbike to crash into her, which is something that would probably not be tolerated even in America.

Make sure you get the address of the person claiming damages and have a private investigator or friend film and photograph the person driving and going about her business as normal. This will help discredit the person when she claims in court that her back is broken or whatever. You are dealing with professional plaintiffs here and you will need to raise your game. Remember these guys do this four times a week. If you make it difficult for them they’ll just give up and move on. The case will take several months if it goes the distance, however.

A credit to the Taiwanese police, and legal system for assisting these kinds of areseholes in their endeavours to rip off the general public. Great to see judicial time being used to sue an 11-year old girl.

I was hit by someone on a scooter making an illegal U-turn from my left who then sued me for negligently causing her injury (a scraped knee). She was a nurse. A total and utter bitch. God help anyone in her “care”.

Why not get in touch with newspapers in your own country? This is a fairly good story for a newspaper anywhere in the world. “Motorcyclist Hit 11-year old Girl and the Sues her for Negligence”.

Don’t know for sure how the actual laws on this read, and in practice it doesn’t seem like anyone actually follows these laws, but they are straight from the Taiwan DMV scooter/motorcycle test, and it appears that passing on the right is forbidden. Thus, the drivers license of the driver in question should be revoked.

In addition to the online practice test, there are some mostly overgeneral to the point that they are uninformative driving rules at One of these rules does say:

quote、Pedestrian Crossing

  1. Automobile drivers should slow down before entering pedestrian crossing. If there are pedestrians crossing the road, no matter if there is instruction of traffic police or traffic signs available, drivers should yield to pedestrians.

Sue the motorcycle driver. For suing you and for hitting your daughter. Take 'em to the bank.

Well, I realize that this thread has developed to quite a “mature” level, and a number of important conclusions have been reached. But I think I might add a few brief comments in relation to the age of the child and his/her ability to sue or be sued.

I have handled numerous cases in the Taipei High Administrative Court for children. Many of those cases have involved “overstay matters” … and while that type of action is not directly related to the current discussion of being hit by a motorcycle, there are some similar principles involved.

In other words, you cannot just say “The child is underage, so when we get the court notice we just ignore it.” Either one of the parents goes to court to stand-in for the child, or you hire a lawyer to go to court.

(I regret that with my many years of legal activities in the Taiwan courts I am still unable to recommend any “English speaking lawyers” to members of this website. I am still looking … )

It may well be true that the previous posters to this thread are fully aware of the legal implications of the comments which I have made above, however as Moderator I thought I would add my NT$ 2 for everyone’s reference, or for the consideration of other persons who may be new to run-ins with the Taiwan legal system.

Also, what about the issue of insurance? If the injuries sustained by the other party were paid for under the National Health Insurance program, then his/her attempts to extort more money out of you (or your child) are highly questionable. Pain and suffering? Those are abstract concepts not fully recognized in the Taiwan legal structure. That would be my observation.

P.S. On a related note, regarding the overstay cases mentioned above, which involved children under the age of twelve, and in some cases involved infants, I must point out that the Taiwanese judges would never agree to my argument that a “child” cannot be deported for overstaying his/her visa because he/she is without legal capacity to be responsible for such action … and that includes the fact that the child is incapable of going to H.K. (for example), getting a new visa, returning to Taiwan, etc. The National Police Administration maintained (and the judges agreed) that taking the child to H.K. (or wherever) is the parents’ responsibility. I countered that THAT IS CLEARLY NOT TRUE, because the “administrative sanction” (regarding visa overstay) is against the child, and there has been no accompanying “administrative sanction” against the parent(s). Furthermore, there is no provision under Taiwan’s Immigration Law whereby a parent is automatically given an associated (or “complimentary”) administrative sanction when a child is found in violation of some administrative law matter. Hence, my argument was that under the civil law statutes in effect in Taiwan, and in conjunction with the Immigration Law, a child can only be required to pay “overstay fines” but cannot be deported. ALAS, this argument fell on deaf ears in the Taipei High Administrative Court, and we also lost on appeal to the Supreme Administrative Court.

While this example does involve administrative law matters, and not civil or criminal matters, it does give you some “insight” into the thinking or reasoning of the Taiwanese judges.

A related problem in dealing with such difficulties is that there is no firm consensus in Taiwanese administrative agencies that the Taiwan civil law even applies to “foreigners.” The readers of this website forum may find this totally unbelieveable, but my years of experience in dealing with Taiwanese administrative agencies and the administrative courts leads me to believe that it is true. As a result, different judges may have different opinions on such matters, and that is another level of complications …

– Richard W. Hartzell