Prison sentence for scooter accident?

I’m had a scooter accident two years ago, both of us guilty because I started crossing a second before my light turned green and the Taiwanese guy crossed on a red light. His son is an attorney and has made two cases against me : 1. Criminal case because I caused damage/ injury 2. Civil case because the Taiwanese guy wants to claim NT$1,300,000 from me in compensation for lost of income and injuries and damages. Honestly, this was not a big accident and not serious, the Taiwanese man was taken to hospital but released some day because no serious injuries.

The court fined me NT$ 30,000 or 30 days imprisonment for the criminal case. The Taiwanese man then objected to the sentence claiming it is not severe enough. When the judge asked him in court what sentence he wants them to issue he asked the judge to give me a six month prison sentence.

The case is still in progress, I can’t hire an attorney because I don’ have the money. My question is: Will they really send me to prison if I can’t pay the fine? Do people here really go to prison for a simple small scooter accident that happens how often on these road daily?

FAIK, sentences of six months or less is payable with a fine. Over six months, you will be looking at actual jail time. HE was wrong for running a red light. So why are you the only one made to be in the wrong? YOu need a good lawyer.

Did you have a license at the time of the accident?

Yes, I have a license.

Then it sounds really dodgy. But then again, the legal system here is totally corrupted, and it seems unlikely that any local judge would rule in favor of a foreigner.

That being said I would also suggest getting a lawyer.

It seems the other driver was a lot more in the wrong than you were.

I was in a similar situation and had 3 choices, pay 50k for a lawyer, pay 40k to get out of it, spend 40 days in jail. I just paid the white man tax , as painful as that was.

Excuse my ignorance but I need to know this stuff, what is FAIK an acronym for?

I’m a scooter rider without a license and this post scares me!

Far as I know.

[quote=“jimipresley”][quote=“Triz”]
Excuse my ignorance but I need to know this stuff, what is FAIK an acronym for?
[/quote]
Far as I know.[/quote]

Thank you :slight_smile:

Get a lawyer and start the process of counter suing.

I’m only writing this because I know of a foreigner who wasted years of his life trying to right a wrong in the Taiwanese courts only to turn out broke and guilty.

The guy has a son who is a lawyer. He has connections – he is determining the punishment, not the judge! You are not Taiwanese and thus immediately at a disadvantage. Your odds are not good. Don’t think that what is true and right will have anything to do with the outcome.

(By the way, this is the reason why I never have and never will drive an automobile in Taiwan.)

[quote=“archylgp”]I’m only writing this because I know of a foreigner who wasted years of his life trying to right a wrong in the Taiwanese courts only to turn out broke and guilty.

The guy has a son who is a lawyer. He has connections – he is determining the punishment, not the judge! You are not Taiwanese and thus immediately at a disadvantage. Your odds are not good. Don’t think that what is true and right will have anything to do with the outcome.

(By the way, this is the reason why I never have and never will drive an automobile in Taiwan.)[/quote]

In theory car insurance should cover property damage and personal injury to other drivers. Obviously the insurance is cheap here so I’m guessing the insurance company found a way to wiggle out of it. Is that because the OP also performed a traffic violation? Was there even an accident report filed? Was the insurance company even contacted?

Even if the OP just wants to settle he should still get a lawyer to find out what his actual options are and what parts of the suit are frivolous. it might be expensive to consult with a real lawyer but you are talking about a life changing situation. Real legal counsel should be obtained even if you don’t go to court. forumosa.com does not count as real legal counsel.

Probably not what you want to hear, but …

Pay the 30,000, get your passport back, then get the fuck out of Taiwan before you get sued.

[quote=“jimipresley”][quote=“Triz”]
Excuse my ignorance but I need to know this stuff, what is FAIK an acronym for?
[/quote]
Far as I know.[/quote]

And without any hint of sarcasm!!!

Well I am off to see the flying pigs.

[quote=“Abacus”][quote=“archylgp”]I’m only writing this because I know of a foreigner who wasted years of his life trying to right a wrong in the Taiwanese courts only to turn out broke and guilty.

The guy has a son who is a lawyer. He has connections – he is determining the punishment, not the judge! You are not Taiwanese and thus immediately at a disadvantage. Your odds are not good. Don’t think that what is true and right will have anything to do with the outcome.

(By the way, this is the reason why I never have and never will drive an automobile in Taiwan.)[/quote]

In theory car insurance should cover property damage and personal injury to other drivers. Obviously the insurance is cheap here so I’m guessing the insurance company found a way to wiggle out of it. Is that because the OP also performed a traffic violation? Was there even an accident report filed? Was the insurance company even contacted?

Even if the OP just wants to settle he should still get a lawyer to find out what his actual options are and what parts of the suit are frivolous. it might be expensive to consult with a real lawyer but you are talking about a life changing situation. Real legal counsel should be obtained even if you don’t go to court. forumosa.com does not count as real legal counsel.[/quote]

Agreed. You can see a lawyer for an hour or two to check your options without breaking the bank.
At least you know where you stand legally!

[quote=“jimipresley”][quote=“Triz”]
Excuse my ignorance but I need to know this stuff, what is FAIK an acronym for?
[/quote]
Far as I know.[/quote]

Shouldn’t there be a “a” for “as” in front? Afaik “FAIK” means “for all I know”.

Tommy doesn’t believe in As.

The son as a lawyer thing is a very bad sign. Big law firms in Taiwan own judges and if his son is with a decent sized firm and can wrangle a judge that is in their pocket you are SOL (that is shit outta luck).

That being said, 90% of Taiwan traffic accidents (regardless of the reality of the situation) are ruled with both parties being at equal fault. Find the camera from the accident site and get the video. Get the police report and have a lawyer go over it with you.

Most importantly make sure your papers are in order (license, rego, insurance) because if there is anything wrong your are well fucked.

See the lawyer, they will help you deal with this.

Pay a lawyer his dues and settle out of court. Judgements are never paid in a timely fashion and any ruling usually involves an appeal. It will go on for years and years and can cost a fortune. That goes for both sides. Problem is that if you get jail time you will be in JAIL or out on a LARGE BAIL while the case drags on and on and on and on.

Settle out of court.

This is where in TAiwan MIGHT is really RIGHT. And a reason the mafiosi is so strong.