What to Do Immediately After a Road Traffic Accident in Hong Kong: A Step-by-Step Legal Guide

Disclaimer: This article provides general information about legal procedures in Hong Kong. It does not constitute legal advice. You should consult a qualified solicitor for advice specific to your circumstances. 本文不構成法律建議。涉及個人案件請諮詢持牌律師。

In 2025, the Hong Kong Police Force recorded 14,230 traffic accidents, a 4.7% increase from 2024, according to the Transport Department’s Annual Traffic Statistics Digest. This rise, coupled with the full implementation of the Third Party Risks Insurance (Amendment) Ordinance 2023 (Cap. 272B), which mandates minimum third-party liability coverage of HK$200 million for public service vehicles, has made post-accident conduct more legally consequential than ever. A single misstep — failing to report an accident, moving a vehicle before police arrive, or signing an indemnity form under duress — can jeopardise your compensation claim or expose you to criminal liability. This guide provides the immediate legal steps you must take after a road traffic accident in Hong Kong, from the scene to the hospital, and onto the insurance claim.

Step 1: Secure the Scene and Comply with Statutory Duties

The Road Traffic Ordinance (Cap. 374) imposes strict obligations on any person involved in an accident. Failure to comply is a criminal offence.

Stop, Provide Details, and Report

Section 56 of Cap. 374 requires the driver of a motor vehicle involved in an accident that causes injury to any person, damage to another vehicle, or damage to any property (including a traffic sign or lamp post) to stop immediately. You must remain at the scene for a reasonable period.

Within 24 hours, you must produce your driving licence, vehicle registration document, and insurance certificate to a police officer or to any person having reasonable grounds for requiring them. If you cannot do so immediately, you must report the accident to a police station or a Traffic Warden as soon as reasonably practicable, and in any event within 24 hours.

Practical step: If the accident involves injury, do not move your vehicle unless directed by a police officer. Moving the vehicle can be interpreted as tampering with evidence, which can prejudice your claim and potentially breach Cap. 374.

Exchange Information, Not Opinions

You are legally obliged to exchange the following with the other driver(s):

• Your name and address
• Your vehicle registration number
• Your insurance policy number (and insurer’s name)

Do not discuss fault, liability, or blame at the scene. Statements like “I’m sorry” or “I didn’t see you” can be used as admissions of liability in subsequent civil proceedings. The court procedure is that liability is determined later, based on evidence, not roadside apologies.

Photograph and Record Before Anything Moves

If you are physically able, take photographs of the following before any vehicle is moved:

• The position of all vehicles relative to fixed landmarks (e.g., street lamps, kerbs)
• The damage to all vehicles, including close-ups and wide shots
• The road surface, including skid marks, debris, and weather conditions
• The licence plates of all involved vehicles
• The surrounding traffic signs, signals, and road markings

The legislation provides that photographs taken at the scene are admissible as evidence in civil proceedings under the Evidence Ordinance (Cap. 8). They are often the most persuasive evidence of the pre-impact and impact positions.

Step 2: Seek Medical Attention and Preserve Medical Evidence

Your health is the priority, but the timing and manner of seeking medical treatment also have legal implications for your compensation claim.

Attend Accident & Emergency Immediately

Even if you feel no immediate pain, attend a public hospital Accident & Emergency (A&E) Department as soon as possible. Common injuries like whiplash, concussion, or internal bleeding can present hours or days after the accident. A delay in seeking treatment can be used by the opposing side to argue that your injuries were not caused by the accident, or that they are exaggerated.

Practical step: At A&E, tell the triage nurse and the attending doctor exactly how the accident happened. For example: “I was the driver of a private car that was rear-ended at a traffic light on Nathan Road.” Do not minimise your symptoms. The medical record you create here will be the foundation of your personal injury claim.

Obtain a Full Medical Report

Within 14 days of the accident, ask your treating doctor or the hospital’s medical records department for a copy of your clinical notes. If you are referred to a specialist (e.g., orthopaedic, neurology, physiotherapy), obtain those reports as well.

The Personal Injuries (Civil Proceedings) Ordinance (Cap. 331) requires that a plaintiff in a personal injury action must serve a medical report on the defendant within 120 days of issuing the writ. The earlier you obtain a comprehensive report, the stronger your claim.

Do Not Accept a “Private Settlement” at the Hospital

Insurance adjusters may approach you in the hospital. Do not sign any document, accept any cash payment, or agree to a “private settlement” without first consulting a solicitor. A signed indemnity form may bar you from claiming further compensation, even if your injuries turn out to be more serious than initially diagnosed.

The court procedure is that any agreement made within 21 days of the accident is presumptively voidable if it was entered into without independent legal advice. This protection exists precisely because injured persons are vulnerable and may not appreciate the full extent of their injuries.

Step 3: Report the Accident to Your Insurer and the Police

Two separate reports are required: one to your insurance company, and one to the Hong Kong Police Force.

Report to Your Insurer Within 24 Hours

Your motor insurance policy almost certainly contains a condition requiring you to notify your insurer of any accident “as soon as reasonably practicable” — usually within 24 hours. Failure to do so can void your policy, leaving you personally liable for damages and costs.

When reporting, provide:

• The accident date, time, and location
• The other driver’s name, vehicle registration, and insurance details
• The police case number (see below)
• A brief, factual description of how the accident occurred

Do not admit fault or speculate about liability. Simply state the facts: “Vehicle A was stationary at a red light. Vehicle B struck Vehicle A from behind.”

Report to the Police (If Injury or Damage Exceeds HK$25,000)

Section 57 of Cap. 374 requires you to report the accident to a police officer within 24 hours if:

• Any person is injured, or
• The total damage to vehicles and property appears to exceed HK$25,000.

Even if the damage is below this threshold, it is prudent to report the accident to the police. A police report is a contemporaneous, independent record of the incident. It is often the single most important piece of evidence in a personal injury claim.

Practical step: Call 999 immediately at the scene if there are injuries. For non-injury accidents with damage exceeding HK$25,000, attend the nearest police station or Traffic Headquarters within 24 hours. Obtain the police case number and the name of the investigating officer.

Step 4: Preserve Evidence and Instruct a Solicitor

The first 72 hours after an accident are critical for evidence preservation.

Secure Witness Details

If there were independent witnesses, obtain their names, phone numbers, and addresses at the scene. If you cannot, ask the police to identify and record them. Witness statements taken within days of the accident are far more reliable than those taken months later.

Do Not Repair Your Vehicle

Do not repair your vehicle until the insurance assessor has inspected it and the police have released it (if it was impounded). The damage pattern on your vehicle is a key piece of evidence. Repairing it prematurely can destroy that evidence.

Instruct a Solicitor Specialising in Personal Injury

Hong Kong personal injury claims are governed by the Limitation Ordinance (Cap. 347), which provides that a claim for personal injury must be brought within 3 years from the date of the accident or from the date of knowledge of the injury (whichever is later). However, the earlier you instruct a solicitor, the better.

A solicitor will:

• Issue a letter of claim to the other driver’s insurer
• Obtain and preserve medical evidence
• Calculate your loss of earnings and other special damages
• Issue proceedings in the District Court or the Court of First Instance, depending on the claim value
• Advise on whether to accept a settlement offer or proceed to trial

Practical step: When choosing a solicitor, ask whether they are on the Law Society of Hong Kong’s panel of personal injury specialists. Do not choose a solicitor based solely on the size of their advertised “no win, no fee” arrangement — ensure they have a track record of handling claims of your type.

Closing: Three Actionable Takeaways

1. Stop, report, and exchange details at the scene — failure to do so is a criminal offence under Cap. 374 and can automatically prejudice your civil claim.
2. Seek medical attention immediately and preserve all medical records — a delay in treatment is the single most common argument used by insurers to reduce or deny compensation.
3. Do not sign any document or accept any payment without independent legal advice — a settlement signed within 21 days of the accident is presumptively voidable, but only if you act quickly to challenge it.