人身伤害 · 2026-01-01

How to Write an Effective Letter of Claim After a Traffic Accident: A Solicitor's Free Template

This does not constitute legal advice. Consult a solicitor for your specific case.

The number of traffic accidents reported in Hong Kong in 2024 reached 16,294, according to the Transport Department’s Annual Traffic Accident Statistics. This represents a 3.8% increase over the previous year. The immediate aftermath of a collision is stressful, but the single most important document a claimant will produce is the Letter of Claim. The District Court and the Court of First Instance now require, under Practice Direction 18.1, that parties exchange detailed pre-action correspondence before issuing a writ. A poorly drafted letter can delay settlement by months, reduce the final award, or even lead to a costs penalty against the claimant. The standard of proof in a personal injury claim is the balance of probabilities. The Letter of Claim is the first opportunity to demonstrate that the evidence meets this threshold. This article explains the legal framework under Cap. 272, the Motor Vehicle Insurance (Third Party Risks) Ordinance, and provides a step-by-step template for drafting a letter that complies with court procedure.

The Letter of Claim is not a demand for money. It is a formal notice under the law of tort, specifically in negligence, that sets out the factual basis for alleging the defendant breached a duty of care. The Pre-Action Protocol for Personal Injury Claims (issued by the Judiciary) requires the claimant to provide sufficient detail for the defendant and their insurer to evaluate liability and quantum.

Step 1: Identify the Duty of Care

The law imposes a duty on every road user to exercise reasonable care. Section 3 of the Road Traffic Ordinance (Cap. 374) provides that a person driving a motor vehicle on a road must have due regard for the safety of others. The Letter of Claim must state clearly which specific duty was breached. Common examples include failing to stop at a red light, driving at excessive speed, or failing to keep a proper lookout.

The legislation does not require the letter to use Latin phrases like res ipsa loquitur. The court procedure is to state the facts: “The defendant failed to give way at the junction of Hennessy Road and Percival Street, causing a collision with the claimant’s vehicle.” The insurer will assess this against the police accident report and any witness statements.

Step 2: Establish Causation and Loss

The Letter of Claim must link the breach of duty directly to the injuries suffered. The Civil Liability (Contribution) Ordinance (Cap. 377) governs apportionment of damages. The claimant must show that “but for” the defendant’s negligence, the accident and subsequent injuries would not have occurred.

The court procedure is to attach medical reports from a registered Hong Kong medical practitioner. The report must specify the diagnosis, prognosis, and the period of incapacity. The letter should state the exact dates of medical leave, the nature of treatment received, and any permanent disability. The Employees’ Compensation Ordinance (Cap. 282) provides a separate statutory framework for work-related traffic accidents, but a civil claim under common law can run concurrently.

Step 3: Quantify the Claim

The District Court has jurisdiction for claims up to HKD 3,000,000 under Cap. 336, Section 37. Claims exceeding this amount must be filed in the Court of First Instance. The Letter of Claim must itemise each head of damage:

  • Special damages: quantifiable financial losses incurred before trial, such as medical expenses, transport costs, and loss of earnings. Receipts and pay slips must be listed.
  • General damages: compensation for pain, suffering, and loss of amenity (PSLA). The Personal Injuries Tables published by the Judiciary provide guideline figures. For example, a moderate whiplash injury with symptoms lasting 6–12 months typically attracts PSLA of HKD 80,000–HKD 150,000.
  • Future losses: loss of earning capacity, future medical costs, and care costs. An actuarial report from a qualified expert is required for claims exceeding HKD 500,000.

The letter must state the total amount claimed in a single figure. The court procedure under Order 18 of the Rules of the High Court (Cap. 4A) requires a “specified sum” in the writ. The Letter of Claim is the foundation for that sum.

The Structure of an Effective Letter of Claim

The letter must be typed, dated, and sent by registered post or courier to the defendant’s last known address. A copy must be sent to the insurer if the defendant is insured. The Motor Vehicle Insurance (Third Party Risks) Ordinance (Cap. 272) requires all motor vehicles to have third-party insurance. The insurer is the real party in interest.

Heading and Parties

The letter must identify the parties by full name, Hong Kong Identity Card number, and address. Use the format:

  • Claimant: Chan Tai Man, HKID A123456(7), Flat 8B, 100 Queen’s Road Central, Hong Kong.
  • Defendant: Wong Siu Ming, HKID B789012(3), Unit 3, 22 Nathan Road, Kowloon.

Include the date, time, and location of the accident. The court procedure is strict on identification. A misnamed party can result in the claim being struck out under Order 18, Rule 19.

The Accident Narrative

Write a chronological account of the accident. Use bullet points or numbered paragraphs. The court procedure requires the letter to be “sufficiently particularised” to enable the defendant to plead to it. Include:

  • The weather and road conditions at the time.
  • The speed and direction of both vehicles.
  • The point of impact.
  • Any traffic control devices (traffic lights, road markings, signs).
  • The actions of each driver immediately before the collision.

Do not include opinions or conclusions. State facts. For example: “The claimant was driving northbound on Nathan Road in the left lane at approximately 40 km/h. The defendant’s vehicle, travelling southbound, made a right turn across the claimant’s path without signalling. The front right corner of the defendant’s vehicle struck the left front door of the claimant’s vehicle.”

Injuries and Medical Evidence

List each injury separately. Attach the medical report. The court procedure under Practice Direction 18.1 requires the medical report to be served with the Letter of Claim. The report must be from a specialist in the relevant field, not a general practitioner, for claims exceeding HKD 200,000.

The letter must state:

  • The date of the first medical consultation.
  • The diagnosis (e.g., “cervical spine strain, lumbar disc bulge at L4/L5”).
  • The treatment received (physiotherapy, medication, surgery).
  • The period of hospitalisation, if any.
  • The current condition and prognosis.
  • Any permanent disability or scarring.

The Personal Injuries (Assessment of Damages) Ordinance (Cap. 465) governs the calculation of PSLA. The medical report must address the duration and severity of pain.

Financial Losses

Itemise every financial loss. The court procedure requires strict proof. Attach copies of:

  • Medical bills and receipts.
  • Physiotherapy invoices.
  • Prescription receipts.
  • Transport receipts (taxi, minibus, MTR).
  • Pay slips for the period of absence from work.
  • A letter from the employer confirming the period of unpaid leave.

For loss of earnings, state the gross monthly income, the number of days of absence, and the total loss. The Employees’ Compensation Ordinance (Cap. 282) provides a statutory rate for temporary incapacity, but a common law claim can recover the actual loss.

The Offer and Time Limit

The Letter of Claim must include a formal offer to settle. This is required under the Pre-Action Protocol. The offer can be an open offer or a without-prejudice offer. The court procedure is that an open offer can be shown to the court at trial. A without-prejudice offer cannot.

State a time limit for the defendant to respond. The standard period is 21 days from receipt of the letter. The High Court Ordinance (Cap. 4) does not prescribe a specific period, but the court will consider the reasonableness of the time given.

The letter must state: “If the defendant fails to respond within 21 days, the claimant will issue proceedings in the District Court / Court of First Instance without further notice.”

Common Pitfalls and How to Avoid Them

The court procedure is procedural. Small errors can have disproportionate consequences.

Failing to Attach Supporting Documents

The Pre-Action Protocol requires the Letter of Claim to be accompanied by all relevant documents. A letter without medical reports, receipts, or the police accident report is incomplete. The court can order the claimant to pay costs if the defendant is forced to request documents that should have been provided.

Inflating the Claim

The court procedure under Order 22 of the Rules of the High Court allows the defendant to make a payment into court. If the claimant fails to beat that payment at trial, the claimant may be ordered to pay the defendant’s costs from the date of the payment. An inflated claim invites a low payment into court and a costs risk.

The Civil Justice Reform (effective 2009) introduced case management powers that allow the court to impose costs sanctions on parties who act unreasonably. A claim that is grossly exaggerated can be struck out or reduced.

Ignoring the Limitation Period

The Limitation Ordinance (Cap. 347) provides a three-year limitation period for personal injury claims. The period runs from the date of the accident or the date of knowledge of the injury, whichever is later. The Letter of Claim must be sent within this period. If the limitation period is about to expire, the claimant must issue a writ immediately and serve the Letter of Claim later.

The court has discretion to extend the limitation period under Section 30 of Cap. 347, but only if the claimant can show that it is “equitable” to do so. This is a high threshold.

Using the Wrong Forum

The Small Claims Tribunal has jurisdiction for claims up to HKD 75,000. The District Court handles claims between HKD 75,000 and HKD 3,000,000. The Court of First Instance handles claims exceeding HKD 3,000,000. The Letter of Claim must state the intended forum.

The District Court Ordinance (Cap. 336) Section 37 provides that the District Court has unlimited jurisdiction in personal injury claims, but the monetary limit for general damages is HKD 3,000,000. If the claim exceeds this amount, the claimant must file in the Court of First Instance.

The Template Letter of Claim

Below is a template. Replace the bracketed information with the specific facts of the case. The letter must be signed by the claimant or their solicitor.

[Date]

[Defendant’s Full Name] [Defendant’s Address]

Re: Traffic Accident on [Date] at [Location] Claimant: [Your Full Name] Defendant: [Defendant’s Full Name]

Dear Sir/Madam,

Letter of Claim

We write on behalf of the above-named claimant in respect of a traffic accident that occurred on [date] at approximately [time] at [location].

1. The Accident

The claimant was driving a [make and model of vehicle, registration number] in a [north/south/east/west] direction along [road name]. The defendant was driving a [make and model of vehicle, registration number] in the opposite direction.

At the junction of [road name] and [road name], the defendant [describe the negligent act, e.g., failed to stop at a red traffic light / made a right turn without giving way / drove at excessive speed]. The defendant’s vehicle collided with the claimant’s vehicle.

The police attended the scene. The accident was reported under Police Report No. [number].

2. Liability

The defendant owed the claimant a duty of care under Section 3 of the Road Traffic Ordinance (Cap. 374). The defendant breached that duty by [repeat the negligent act]. The breach directly caused the accident and the claimant’s injuries.

3. Injuries

The claimant sustained the following injuries:

  • [Injury 1, e.g., whiplash injury to the cervical spine]
  • [Injury 2, e.g., contusion to the right shoulder]
  • [Injury 3, e.g., psychological trauma causing anxiety and insomnia]

The claimant attended [hospital name] on [date] and was diagnosed by Dr. [name]. A copy of the medical report is attached.

The claimant was certified unfit for work from [date] to [date]. The prognosis is [state prognosis from medical report].

4. Financial Losses

The claimant claims the following special damages:

  • Medical expenses: HKD [amount]
  • Physiotherapy costs: HKD [amount]
  • Transport costs: HKD [amount]
  • Loss of earnings: HKD [amount] (based on gross monthly income of HKD [amount] for [number] days of absence)
  • Miscellaneous expenses (medication, aids): HKD [amount]

Total special damages: HKD [amount].

The claimant claims general damages for pain, suffering, and loss of amenity. Based on the Personal Injuries Tables and the medical evidence, the appropriate range is HKD [amount] to HKD [amount].

5. Offer to Settle

The claimant is prepared to settle this claim for the total sum of HKD [amount] inclusive of interest and costs. This offer is made [openly / on a without-prejudice basis].

6. Time Limit

The defendant is required to respond to this letter within 21 days of receipt. If no response is received, the claimant will issue proceedings in the [District Court / Court of First Instance] without further notice.

Please direct all correspondence to the undersigned.

Yours faithfully,

[Your Signature] [Your Full Name] [Your Address] [Your Phone Number] [Your Email Address]

Actionable Takeaways

  1. Send the Letter of Claim within the three-year limitation period under the Limitation Ordinance (Cap. 347) — do not wait until the last month.
  2. Attach the medical report, police report, and all receipts for special damages in the first mailing — the court procedure requires full disclosure under the Pre-Action Protocol.
  3. State a specific monetary offer in the letter — an open offer can be used to pressure the insurer, while a without-prejudice offer protects your negotiating position.
  4. Identify the correct forum — the District Court for claims under HKD 3,000,000, the Court of First Instance for claims above that threshold.
  5. Keep a copy of the signed letter and the proof of delivery — the court will require evidence that the defendant received the letter before granting default judgment.