Filing a lawsuit in Taipei

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Filing a lawsuit in Taipei

Postby hotbooboo69 » 10 Nov 2011, 19:58

Here is the situation, my car was in a single lane was proceeding straight forward from the intersection after the light turned green. But, even before completing the intersection crossing, a scooter came from behind along the left side and veered in quickly to avoid incoming traffic on the opposite lane clipping my car's front bumper (minor scrape). The scooter driver lost control and fell. Minor scrapes and bruises for the scooter driver. The accident was caused by the scooter but because they only had liability insurance, they wanted my insurance to pay for the damages. I was told that my rates would go up if I accepted to pay for the damages, I then said "no"... Now the scooter driver's family wants to sue. They claimed the damage done to the scooter was 23,000NT. The mother went to the local police precinct yelling and screaming that I refused to pay and requested my address (not sure if that's legal) but the "annoyed" officer said it was and gave it to her. I was also told by the "annoyed" police officer that both parties were wrong because both parties were moving during the time of the accident. Mine being not leaving enough room. Funny, "single lane" what room is there? No laws were broken, i.e. drunk driving, running red light, etc.

What does it take to file this type of lawsuit and how should I prepare for this lawsuit? Also I am leaving this country to return home in 4 months.
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Re: Filing a lawsuit in Taipei

Postby Nuit » 10 Nov 2011, 20:14

If you're leaving (for good?) in 4 months, you've got enough to deal with without worrying about a lawsuit. Minor scrape to your vehicle, and no personal injury? Just forget about it.
Would also suggest you engage in stalling their lawsuit, and then leave and forget about it. Others may have better advice there.
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Re: Filing a lawsuit in Taipei

Postby Mucha Man » 10 Nov 2011, 20:18

Offer NT5000. Then make excuse after excuse until you leave the country (I assume you are not coming back ever). Or just tell them flat out you are leaving in a few months and they can fuck off (don't say fuck off of course as they can sue you for that :lol: ).

Or as Nuit says, just wait it out.
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Re: Filing a lawsuit in Taipei

Postby hotbooboo69 » 10 Nov 2011, 20:26

Sort of leaving for good. The wife is from here...so need to come back from time to time...
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Re: Filing a lawsuit in Taipei

Postby finley » 10 Nov 2011, 21:10

The way it works is that the police will "suggest" you settle with a cash amount, but they have no authority to compel anyone to do anything, and often (as in this case) are clueless about the law anyway.

Assuming you don't settle, the insurance company will commission an assessment of the circumstances by an independent panel of "experts". I believe this is a he-said, she-said session in which both parties involved must make a written statement. I'm a bit hazy on the details - you'd best just ask the police about how that works, but it normally ends there - there is typically no need for anybody to sue anybody else.

The family are just trying it on. Shouting and screaming and threatening to sue is the traditionally-accepted way you prove you're right. The correct response is to shout louder and countersue. This proves you are right. Both parties will then pretend nothing ever happened, withdraw their charges, and life will go on. Since you intend to come back, ignoring it and hoping it will go away is probably not a good idea; in the absence of evidence either way (I assume there were no witnesses willing to testify) the judge will simply assume that because you have been sued you must be the guilty party.

I might add: those little video cameras you can now buy in B&Q are worth every penny.
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