Traffic accidents are stressful anywhere, but in China as a foreigner, language barriers and unfamiliar procedures add complexity. Here's what you need to know to protect yourself.
Immediate Steps After an Accident
1. Ensure Safety
- Move to safe location if possible
- Turn on hazard lights
- Set up warning triangles if available
2. Call for Help
- Police: 110 or 122 (traffic police)
- Ambulance: 120
- Police report is essential for insurance claims
3. Document Everything
- Photos of all vehicles and damage
- Photos of the scene and road conditions
- Other driver's information
- Witness contact information
- Police officer's name and badge number
4. Don't Admit Fault
Even if you think you might be at fault:
- Don't apologize or admit responsibility
- Let police determine fault
- Stick to factual statements
Important: Do not leave the scene before police arrive, even for minor accidents. Leaving can be treated as a hit-and-run.
Police Procedures
When police arrive:
- Show your passport and driver's license
- Explain what happened (request interpreter if needed)
- Police will investigate and issue accident report
- Report determines fault allocation (percentage)
Liability Determination
China uses comparative fault system:
- Full liability: One party 100% at fault
- Primary liability: Mostly at fault (typically 70%+)
- Equal liability: 50/50
- Secondary liability: Minor fault
- No liability: Not at fault
Insurance Claims
Mandatory Insurance (交强险)
All vehicles must have compulsory traffic insurance:
- Covers third-party injuries and property damage
- Limited coverage amounts
Commercial Insurance
Additional coverage you may have:
- Third-party liability (higher limits)
- Vehicle damage
- Driver/passenger injury
Filing a Claim
- Notify insurance company promptly
- Provide police report
- Submit damage documentation
- Get repair estimates
If You're Injured
- Seek medical attention immediately
- Keep all medical records and receipts
- Document your injuries with photos
- Follow up on treatment
Compensation Available
- Medical expenses
- Lost income
- Nursing care costs
- Transportation costs
- Disability compensation (if applicable)
- Mental distress damages
Disputes and Litigation
If you can't reach agreement:
- Mediation through traffic police
- People's mediation committee
- Court litigation
Special Considerations for Foreigners
- Valid license: Ensure your license is valid in China
- Language: Request interpreter for police statements
- Don't sign what you don't understand
- Embassy notification: For serious accidents
Been in a Traffic Accident?
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Contact MeDisclaimer: This article is for informational purposes only and does not constitute legal advice. For advice on your specific situation, please contact me directly.
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