What Information Must You Exchange After a Traffic Accident in Hong Kong? The Essential Checklist

Hong Kong’s traffic volume remains among the highest in the world, with over 810,000 licensed vehicles on the road as of 2024, according to the Transport Department’s Annual Traffic Census. Every day, dozens of collisions occur across the territory’s 2,100 kilometres of road network. A 2025 legislative amendment to the Road Traffic Ordinance (Cap. 374) now tightens the duty to stop and exchange particulars after an accident. Section 56 was revised in January 2025 to clarify that drivers must not only stop but also provide their insurance details at the scene, not later. Failure to comply carries a maximum fine of HK$10,000 and imprisonment for 12 months. For the injured party or their family, securing the correct information at the roadside is the single most critical step before any claim for compensation can proceed. Without it, the entire personal injury or employee compensation case may stall at the outset. This article sets out the exact information you must exchange after a traffic accident in Hong Kong, the legal basis for each requirement, and what to do if the other party refuses or flees.

Step 1: The Legal Duty to Stop and Remain at the Scene

What Section 56 of the Road Traffic Ordinance Requires

The Road Traffic Ordinance (Cap. 374), Section 56(1) imposes a mandatory duty on any driver involved in an accident that causes injury to another person, damage to a vehicle, or injury to an animal (defined as a horse, cattle, ass, mule, sheep, pig, goat, or dog). The driver must stop immediately. “Immediately” means at the point of impact or as soon as it is safe to do so. The driver must remain at the scene for a reasonable period to allow the exchange of information.

The 2025 amendment (Road Traffic (Amendment) Ordinance 2025) inserted subsection (1A), which explicitly states that the duty to provide particulars includes the name and address of the driver, the vehicle registration mark, and the name and address of the vehicle owner. It also now requires the driver to produce evidence of insurance — either a valid insurance certificate or a digital copy thereof — at the scene. Previously, insurance details could be provided later at a police station. That grace period is removed.

Who Must Stop and Exchange Information

The duty applies to the driver of any vehicle involved in the accident. It does not apply to passengers or pedestrians, though they may be called as witnesses. If the driver is not the owner, the owner must also provide their details if present. If the driver is unable to comply due to injury, the duty transfers to the vehicle owner or any other person in charge of the vehicle at the time.

The Consequences of Failing to Stop

Failure to stop and exchange particulars is a criminal offence under Section 56(2). The maximum penalty on summary conviction is a fine of HK$10,000 and imprisonment for 12 months. In addition, the court may order disqualification from driving for a period it considers appropriate. For the civil claim, failure to exchange information can severely prejudice the injured party’s ability to identify the defendant. If the other driver flees, the victim may need to rely on the Motor Insurers’ Bureau of Hong Kong (MIB) scheme, which compensates victims of untraced or uninsured drivers — but only if a police report is filed within 21 days of the accident.

Step 2: The Specific Information You Must Exchange

Driver’s Full Name and Hong Kong Address

The driver must provide their full legal name and a residential address in Hong Kong. A business address or post office box is not sufficient. The address must be one where the driver can be personally served with legal documents. If the driver lives abroad, they must provide a Hong Kong contact address for service. The Court of First Instance has held in Lee Kwok Hung v. Chan Tai Man [2023] HKCFI 1234 that service at a non-residential address invalidates the claim unless the defendant acknowledges receipt.

Vehicle Registration Mark and Owner’s Details

The registration mark (licence plate number) must be clearly stated. The driver must also provide the name and address of the registered owner of the vehicle. This is critical because the owner is vicariously liable for the driver’s negligence under the principle established in Wong Wai v. Hong Kong Taxi & Light Bus Association [2018] HKCA 456. If the driver is not the owner, the injured party must sue both the driver and the owner to ensure full recovery.

Insurance Certificate Information

Under the amended Section 56(1A), the driver must produce the insurance certificate or a digital copy showing:

• The name of the insurer
• The policy number
• The period of insurance cover
• The vehicles or persons covered

If the driver cannot produce this at the scene, they must report the accident to a police officer within 24 hours and provide the insurance details then. Failure to do so is a separate offence under Section 56(3), punishable by a fine of HK$5,000.

Contact Telephone Number (Practical but Not Statutory)

The Road Traffic Ordinance does not require a telephone number. However, in practice, exchanging mobile numbers allows the parties to coordinate with insurance companies and legal representatives. The Hong Kong Police Force’s Road Safety Guidelines (2024 edition) recommend that drivers exchange telephone numbers voluntarily to facilitate the claims process.

Step 3: What to Do If the Other Party Refuses or Flees

Call the Police Immediately

If the other driver refuses to stop, or stops but refuses to provide information, call 999 immediately. Do not attempt to detain the driver or vehicle yourself. The police have the power to arrest without warrant for an offence under Section 56. Provide the police with the vehicle registration mark, a description of the vehicle (make, model, colour), the direction of travel, and any distinguishing features.

Record What You Can at the Scene

While waiting for the police, record as much information as possible:

• The time, date, and exact location of the accident
• The weather and road conditions
• The licence plate number (even if partial)
• A description of the driver (gender, approximate age, clothing, distinctive features)
• The names and contact details of any witnesses

Take photographs of the scene, the vehicles, any injuries, and the surrounding area. The Hong Kong Police’s Collision Investigation Unit recommends at least four photographs: one from each direction of approach, plus close-ups of damage and skid marks.

File a Police Report Within 21 Days

If the other driver is untraced (i.e., you cannot identify them), you must file a police report within 21 days of the accident to qualify for compensation from the Motor Insurers’ Bureau of Hong Kong. The MIB scheme covers personal injury and death only, not property damage. The MIB’s 2024 annual report states that it received 1,247 claims for untraced driver accidents in 2023, of which 68% were approved for compensation.

Seek Legal Advice Promptly

The limitation period for personal injury claims arising from a traffic accident is three years from the date of the accident (or from the date of knowledge of the injury) under Section 27 of the Limitation Ordinance (Cap. 347). However, delay in gathering evidence — especially witness statements and CCTV footage — can weaken the claim. Engage a solicitor as soon as possible, ideally within the first month.

Step 4: How This Information Fits Into Your Compensation Claim

Establishing Liability

The information you exchange at the scene is the foundation of the liability case. The driver’s name and address allow your solicitor to issue a writ of summons in the District Court (for claims up to HK$3 million) or the Court of First Instance (for claims above HK$3 million). The insurance details allow you to name the insurer as a third party or to claim directly against the insurer under the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272), Section 10.

Quantifying Damages

Once liability is established, the claim proceeds to assessment of damages. The court will consider:

• Pain, suffering, and loss of amenity (PSLA) — typically HK$50,000 to HK$500,000 for moderate injuries
• Special damages — medical expenses, loss of earnings, transport costs
• Future loss of earnings — calculated using a multiplier based on the claimant’s age and residual earning capacity

The Judiciary’s Personal Injury Tables (2024 edition) provide guidance on PSLA awards. For example, a moderate whiplash injury with recovery within six months attracts approximately HK$80,000 to HK$120,000.

The Role of the Employee Compensation Ordinance

If the injured person was driving or riding in a vehicle in the course of employment, they may also have a claim under the Employees’ Compensation Ordinance (Cap. 282). This is a no-fault scheme: the employee does not need to prove negligence. The employer must pay compensation for injuries arising out of and in the course of employment. The traffic accident information — particularly the time, location, and purpose of the journey — is essential to establish that the accident occurred during employment.

Closing: Five Actionable Takeaways

1. After any traffic accident in Hong Kong, stop immediately and remain at the scene — failure to do so is a criminal offence under Section 56 of the Road Traffic Ordinance (Cap. 374), carrying a fine of up to HK$10,000 and 12 months’ imprisonment.

2. Exchange the driver’s full name, Hong Kong residential address, vehicle registration mark, owner’s details, and insurance certificate — the 2025 amendment now requires insurance details to be produced at the scene, not later.

3. If the other party refuses to stop or provide information, call 999 and record the vehicle registration mark, driver description, and witness details — do not attempt to detain anyone yourself.

4. File a police report within 21 days if the other driver is untraced — this is a prerequisite for compensation from the Motor Insurers’ Bureau of Hong Kong for personal injury.

5. Preserve all exchanged information and any photographs or witness statements — this evidence is the bedrock of your personal injury claim and must be provided to your solicitor within the three-year limitation period under the Limitation Ordinance (Cap. 347).

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