Traffic Accident Victims Assistance Scheme
The Traffic Accident Victims Assistance Scheme (operates by the Social Welfare Department) provides financial assistance to those injured in road traffic accidents or for dependants of those killed in a traffic accident. It does not require a means test, and does not take into account any element of fault leading to the occurrence of the accident. Damage to property is not covered. The accident must fall within the scope of the Traffic Accident Victims (Assistance Fund) Ordinance, Cap.229 of the Laws of Hong Kong, and must have been reported to the Police. Application must be made within 6 months after the date of the accident. The applicant is required to attend an interview to provide relevant information and documentary proof.
It is important to bear in mind that, under this scheme, the applicant is obligated to notify the Director of Social Welfare if he makes any claim or brings any legal proceedings in respect of the traffic accident, and to notify any person against whom he makes a claim of the amount of money he has received from the fund.
Those who receive compensation in respect of the same accident are obligated to repay the sum they received under the fund. Any person who wilfully fails to comply with the above requirement commits an offence and is liable on conviction to a fine of $2,000 and to imprisonment for 6 months.
The paying party, who has been notified under the requirements of this scheme by the applicant in respect such funds, shall not less than 72 hours before they make payment notify the Director of Social Welfare in writing of the name and address of the person to whom or for whose benefit the payment is to be made and the amount of the payment. Any person who wilfully fails to comply with the above requirement commits an offence and is liable on conviction to a fine of $2,000.
Traffic Accident Victims Assistance Section
Address: Unit A-D, 8/F, China Overseas Building, 139 Hennessy Road, Wan Chai, Hong Kong
Telephone: 2832 4615-6
The Motor Insurers' Bureau
The Motor Insurers' Bureau commenced operations on 1st February, 1981. All insurance companies in Hong Kong are required to be members of the Bureau. The principal objective of the Bureau is to secure the satisfactory settlement of claims in respect of liability for death or bodily injury that arises from the use of motor vehicles on the road.
Under the Motor Vehicles Insurance (Third Party Risks) Ordinance (Cap. 272), all vehicles must be insured against claims for third party bodily injuries resulting from an accident involving the use of the vehicle on a road.
However, there have been occasions where victims of accidents have been unable to recover the damages awarded to them because of the lack of valid insurance or where some breach of the insurance policy conditions allowed the insurer to repudiate his liability. In addition, it may happen that insurers might fail to meet their obligations under their policies due to insolvency.
The Motor Insurers' Bureau of Hong Kong can help you obtain settlement if you have difficulty securing the payment of your claim, due to:
- insolvency of an insurance company
- no insurance
- an untraceable vehicle
The Bureau does not accept liability for any claims relating to property damage.
Motor Insurers' Bureau of Hong Kong
Address: Room 902, Bank of East Asia Harbour View Centre, 56 Gloucester Road, Wanchai, Hong Kong
Telephone: 2866 9681