What To Do: Traffic Accidents Involving Government Vehicles or Property

You may settle the matter privately for typical minor traffic accidents involving no third parties. However, according to the Guidelines on Handling Traffic Accidents,  if government property or vehicles are involved, you must report the accident to the police immediately, and under no circumstances should this be delayed beyond 24 hours after the accident.

Under the "obligation on users of motor vehicles to be insured against third party risks," anyone using a vehicle on the road must have valid third-party insurance. However, government vehicles are exempt from this requirement. Although government vehicles are exempted from necessitating third-party insurance, if they are involved in an accident while performing their duties, the government will provide appropriate compensation according to the circumstances.

Emergency vehicles, such as police, fire, and ambulance vehicles, are permitted by law to pass red lights with sirens. However, they must ensure traffic safety, and if an accident occurs due to passing a red light, the government officer is still proven liable. Notably, if you do not yield to an emergency vehicle with flashing lights and sirens, you could be fined HK $2,000.

Suppose you are involved in an accident with a government vehicle, you must not settle privately but report the accident to the police and wait for a court summon to determine liability. If the court rules that the government vehicle's driver is liable, you can seek compensation from the government. The process is similar to other traffic accident claims and may involve hiring a lawyer to pursue the claim. However, if the court rules that you are responsible, the government may also seek to recover their loss from you.

If you intend to claim vehicle repair costs from the government, you should have the vehicle inspected by the Electrical and Mechanical Services Department (EMSD) before repairs. This is akin to a notarization process. Failure to do so may lead to difficulties in claiming compensation later, as the government may question the condition of your vehicle and repair costs. Please note that inspection does not imply that the government accepts liability.

Upon damaging any government property (such as street lights, barriers, or road signs) in a traffic accident, you must report the incident immediately and wait for the police investigation or court judgment. The government will then send you a bill outlining the compensation costs for the damaged property.

It’s advisable to take photos of the accident scene from different angles and the damage to government property to avoid disputes later. Additionally, if unclear road signs or traffic lights contributed to the accident, drivers can also file a claim for compensation from the government.