Got into a traffic accident in a rural part of Taichung. There were no CCTVs camera and both drivers did not have a dashcam. Accident happened at a T-intersection. I was driving a motorcycle; driving straight on the right lane through a green light (not even close to changing to yellow) and was not speeding. There were no other cars around, but the road is very small (like 1 sedan per lane small). Other party was driving from the opposite direction on the left lane. Based on the scene diagram and pictures, the car was angled diagonally while I’m angled straight.
Driver wanted to cross, but did not yield for me which caused the accident. From the accident diagram (I am willing to provide here if necessary), the opposing car was blocking basically my whole lane and left no space for me to avoid them. I did not have time to brake and ended up crashing into the car. The damage to the car is front-right headlights and bumper. My motorcycle is totalled, and is most likely going to be scrapped. I also got thrown over, bounced on the car’s hood, and fell to the ground. I did not have time to give statements or discuss with the car driver as I am immediately taken to the hospital.
It has been around 2 weeks since the accident. I already kept record of everything, from medical reports and costs, 診斷書, motorcycle repair costs, broken belongings costs etc. I already applied and got the results for the scene diagram and photos. I don’t have 3rd party insurance and mandatory insurance is not willing to cover me since injuries only occured to me.
Now, my question is, what are my next legal steps? And how likely is the fault responsibility going to be divided among me and the other party (honestly I’m hoping and actually not going to accept anything less than 100% on their part).
Other driver has 3rd party insurance, but I am advised to contact them after the Police report ( the 30 days one) is done. Aside from that, do I wait for them to contact me or be proactive and contact them first? Should I in any way contact the other party at all? As of right now, I have not contacted nor has she contacted me. During the mediation process, am I going to represent myself or are there other avenues that provide me a legal representative (preferably free) to represent me against the other party’s insurance. What insurances/financial aid can I claim? For now, I’m only assuming insurance/aid will mostly come from the other party’s insurance along with my University provided insurance. Are there more?
In regards to damages, the big ones are just hospital bills, motorcycle total economic loss, and lost income for the days I am forced to rest. Aside from that, I also broke my laptop (was in my bag when I slammed to the ground), pants and jacket, along with my earbuds case. Aside from laptop, they all can be proven with pictures and hopefully, police statements (since the police were the one helping me collect my scattered belongings). I also had to pay more for transportation due to no longer having a motorcycle (to go eat, police station, hospital, etc). Out of all those things, what can be compensated? Can I get compensated for stress/pain and suffering? At minimum, I’m hoping to be compensated for my motorcycle, lost income (due to missed work days), laptop, and medical bills. On that front, to get everything compensated, what are all the evidence/photos/documents I need to prepare and ask for?
I think I’m pretty well prepared, but considering this is my first serious accident, I’m afraid that I haven’t covered everything, especially in regards to compensation and insurance claims. Any tips, advice, and next steps you can provide me is greatly appreciated. The last few days have been stressful since I’m dealing with this all on my own.
