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Car Accident | How to Read a Preliminary Traffic Accident Assessment Form?
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When a car accident occurs, determining liability and the corresponding compensation is a crucial issue that every party involved must face. In such unfortunate situations, it is essential to clearly understand how to determine responsibility for the accident, establish the proportion of liability between the parties, and reasonably calculate the compensation amount. In most cases, liability is not solely on one party and may involve shared responsibility. Clarifying the situation at the time of the accident and ensuring that each party receives due compensation and accountability becomes the primary challenge.
1. What is a Preliminary Traffic Accident Assessment Form?
A car accident, often sudden and unexpected, brings significant distress and pressure. Regardless of the accident's severity, those involved usually need some time to calm down. In such situations, people might overlook essential steps or information. The Preliminary Traffic Accident Assessment Form (official term: Road Traffic Accident Preliminary Analysis and Assessment Form) is crucial in these circumstances. It not only records the accident but also ensures a smoother litigation or compensation process later on.
According to the Road Traffic Accident Handling Regulations, after an accident, the police must inspect the scene, take photographs or other images, and complete a Road Traffic Accident Investigation Report detailing the situation. The Preliminary Traffic Accident Assessment Form records the police’s initial assessment of the accident's cause. With the detailed record provided by this form, those involved can face potential legal proceedings with more confidence, providing a solid basis for judgment.
2. How to Apply for a Preliminary Traffic Accident Assessment Form?
Online Application:
If the accident involved injuries or fatalities, the parties involved or interested persons can apply online for scene diagrams, photos, and the Preliminary Traffic Accident Assessment Form through the “National Police Agency Traffic Accident Data Application System” seven days after the accident for scene diagrams and photos, and thirty days after the accident for the assessment form.
Steps:
Log in to the National Police Agency Global Information Network/Online Application/Traffic Accident Case Data Application System.
Click on the "Traffic Accident Data Application" tab, check the boxes for "I agree and understand the above privacy protection policies and instructions," "Whether the case involves injury or death," and enter the "Verification Code."
Fill out the traffic accident application information, including party information, applicant information, and item receipt information.
Check the desired application data: scene diagrams, photos, or the assessment form (multiple selections are allowed).
Verify the accuracy of the information and submit the application.
The system will display an application number, and if an email is provided, the system will send a notification of the application.
In-Person Application:
The parties involved in the accident/agents/interested parties can also apply for the preliminary assessment form in person at the police station handling the case. Besides personal visits, the police also accept mailed applications. The processing unit will organize the accident data and notify the applicant by phone or email when the assessment form is ready for collection.
Once the application is completed, you can wait for the collection notification, but the waiting time is variable and usually depends on the handling officer's workload.
[Information from: National Police Agency]
3. Can the Preliminary Traffic Accident Assessment Form Decide Everything?
The Preliminary Traffic Accident Assessment Form serves as a judgment document after a traffic accident but remember that its content is only the initial assessment by the handling police personnel and does not legally bind the court or the prosecutor’s office. The actual determination of liability proportion requires a professional and comprehensive judgment by the Traffic Accident Adjudication Office, and the preliminary assessment form merely provides a reference for the court and prosecutor’s office.
4. How to Appeal Against the Preliminary Traffic Accident Assessment Form?
Although the preliminary analysis form may not completely and clearly define each party's liability, it provides a reference for the court or prosecutor’s office and affects the case's determination. If you believe the form's results do not match the facts and are unfavorable to you, how should you seek remedies? If you think the police made an error on the preliminary assessment form or question the recorded cause of the accident or violations, you can first confirm or request changes with the handling agency. Additionally, within six months of the accident, you can apply for a "Traffic Accident Forensic Evaluation Report" from the local "Vehicle Accident Appraisal Committee" by paying NT$3000.
As mentioned, a traffic accident appraisal can provide more professional and comprehensive judgments, potentially revising or overturning the initial assessment form. The forensic evaluation report offers in-depth details and primary and secondary factor judgments, often serving as the court's core evidence for assessing liability. If you disagree with the appraisal results, you can consult with professional legal personnel or lawyers within 30 days of receiving the report, integrate evidence, and submit a written review request to the jurisdictional review committee.
In modern society, car accidents are unavoidable incidents, and subsequent handling often involves complex legal procedures. Regardless of the accident's severity, the most crucial thing is always to remember the importance of driving safety. Adhering to traffic rules, maintaining driving focus, and avoiding drunk driving are the basics of ensuring your and others' safety. If you are unfortunately involved in an accident, besides understanding your and others' conditions, it is also recommended to seek professional legal assistance early to ensure your rights are not compromised. Lawyers can provide professional legal advice and strategies, giving you support when facing post-accident challenges. Finally, remember that safe driving is the responsibility of every driver and passenger; only by achieving this can our roads be safer.