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2024-09-24

| Traffic Accident | Defendant Wins Civil Tort Compensation Case

車禍 侵權行為 賠償 勝訴 律師


Relevant Legal Provisions

 
Civil Code Article 184, Paragraph 1Anyone who, intentionally or negligently, unlawfully infringes upon the rights of another shall be liable for damages. The same applies to those who, by methods contrary to good morals, intentionally cause harm to others.
Civil Code Article 191-2When a motor vehicle, motorcycle, or other non-rail-bound powered vehicle causes damage to others while in use, the driver shall be liable for damages resulting therefrom. However, this does not apply if the driver has exercised reasonable care to prevent the damage.
Civil Code Article 193, Paragraph 1Anyone who unlawfully infringes upon the body or health of another shall be liable for damages if the victim loses or reduces their capacity to work or incurs additional living expenses as a result.
Civil Code Article 195, Paragraph 1Anyone who unlawfully infringes upon the body, health, reputation, freedom, credit, privacy, or chastity of another, or unlawfully infringes upon other important personal rights, causing severe harm, may be liable for damages even if the victim does not suffer property damage. In the case of defamation, the victim may also request appropriate measures to restore their reputation.

 

Facts and Reasons

 

The defendant, a client of our firm, was riding a Ubike around noon on the day in question. Due to a lack of attention at an intersection, they collided with the plaintiff, who was driving a motorcycle. The plaintiff fell as a result, and in addition to vehicle damage, they demanded compensation for lost work, tuition fees, attorney’s fees, mental anguish, and other large sums.


Arguments by Our Firm's Lawyers

 

  1. Depreciation of the vehicle should be calculated according to the law.(Refer to the Judicial Yuan's automatic depreciation calculator)

  2. Regarding the plaintiff's claim for lost work, tuition fees, medical expenses, and mental distress compensation, the criminal non-prosecution ruling, the rejection of the plaintiff's appeal, and the criminal court ruling show that no personal injury occurred in this accident, apart from vehicle damage. Additionally, from the plaintiff’s statements in the indictment, it can be inferred that the trauma stems from the inability to cope with the criminal ruling and repeated court appearances, leading to post-traumatic stress disorder, which is unrelated to this accident. The plaintiff also failed to provide any evidence linking their withdrawal from school to the accident.

  3. Taiwan's Code of Criminal Procedure does not require the appointment of an attorney as a litigation representative in criminal complaints. The plaintiff’s claim for attorney’s fees as necessary living expenses is therefore baseless.


Judgment

 

Aside from vehicle depreciation, the plaintiff must prove the causal relationship between the claimed illness and the accident. Although there is evidence that the plaintiff sought psychiatric treatment after the accident, they could not prove a causal relationship between the illness and the accident.Furthermore, the plaintiff did not present other evidence to substantiate their claim. 

Attorney's fees and transportation costs are not compensable under Taiwan’s law. The plaintiff’s decision to pursue litigation to resolve the dispute was their choice to protect their own rights, and there is no direct causal link to the tortious act.
The plaintiff's claims, except for vehicle damage, are dismissed.
 

(Note: To protect the client's interests, certain case details and judgment images have been redacted and modified. For a full review of the case, please refer to the Judicial Yuan’s judgment database.)

 

Attorneys:Attorneys Vincent Huang,、Herman Lyu、Ian Yan

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