Best Car Accident Lawyers in Xiamen

About Car Accident Law in Xiamen, China

This guide explains what to expect if you are involved in a car accident in Xiamen, Fujian Province. Chinese traffic and tort rules apply across the country, with local traffic police and courts handling investigation, responsibility determination, and disputes. Key elements are police reporting and accident-determination procedures, mandatory vehicle insurance, civil liability for damages, possible administrative penalties, and criminal liability when an accident causes serious injury or death. Xiamen follows national laws such as the Road Traffic Safety Law and the Civil Code, supplemented by local traffic management practices administered by the Xiamen Public Security Bureau - Traffic Police Detachment.

Why You May Need a Lawyer

Many car accidents are resolved at the scene or through insurance. However, a lawyer is often necessary when the case is more complex or stakes are high. Common situations where legal help is advisable include:

- Serious injury or death, where compensation amounts are large and criminal investigation may be involved.

- Dispute over who is at fault, or when the traffic police responsibility determination is contested.

- The at-fault driver is uninsured or underinsured, or the insurance company refuses fair compensation.

- Hit-and-run cases, or when a driver tries to evade responsibility.

- Complex causation issues, for example multiple vehicles, defective parts, or construction-related hazards.

- Need to gather, preserve, and present medical records, wage documentation, and expert testimony.

- Criminal proceedings start against a driver and you are a victim seeking civil compensation.

- You are a foreigner or non-Mandarin speaker and need help with local procedures and translation.

Local Laws Overview

Below are the key legal points relevant to car accidents in Xiamen:

- Mandatory insurance: All motor vehicles must carry Compulsory Traffic Accident Liability Insurance - commonly called CTPL or 交强险. This insurance provides first-level coverage for bodily injury and death within statutory limits. Most drivers also purchase commercial auto insurance for higher limits and broader coverage.

- Police reporting and on-site procedure: If an accident causes injury or significant property damage, parties must stop, protect the scene, and report to the traffic police. For minor property-damage-only accidents that meet set criteria, there are quick on-site settlement options handled by the parties and insurers.

- Accident responsibility determination: The traffic police issue an official accident-responsibility certificate (交通事故认定书), which is important evidence for insurance claims and civil suits. The certificate allocates responsibility categories - full, primary, equal, secondary, or no liability.

- Civil claims and compensation: Victims can seek compensation for medical expenses, rehabilitation, lost earnings, disability, property damage, and reasonable funeral expenses. Non-economic damages such as mental distress may be recoverable under the Civil Code. Civil claims are generally subject to a statute of limitations - commonly three years from when the injured party knew of the damage, with some longer maximum limits for discovery-based claims.

- Administrative penalties: Traffic violations can lead to fines, points on a driver’s license under the 12-point system, license suspension, or vehicle impoundment, enforced by the traffic police.

- Criminal liability: Serious accidents that result from gross negligence, drunk driving, dangerous driving, or deliberate misconduct may result in criminal charges, including charges for causing serious injury or death. Criminal cases are prosecuted by the procuratorate and can carry imprisonment and heavy fines.

- Evidence and burden of proof: Insurance companies and courts evaluate evidence such as the police accident certificate, photos, dashcam footage, witness statements, vehicle damage assessments, medical records, and expert appraisals. The party asserting a claim must provide supporting evidence.

Frequently Asked Questions

What should I do immediately after a car accident in Xiamen?

Stop and secure safety, call 120 for medical help if anyone is injured, and call 110 to report the accident to the police. Preserve the scene if possible, take photos and videos, collect names and contact details of witnesses, exchange driver and vehicle information, and notify your insurer promptly. Do not admit fault at the scene.

When do I have to call the traffic police instead of settling on site?

If there are injuries, death, or significant property damage, you must report to the traffic police. Even if damage seems minor, if the parties cannot agree on responsibility or the other party is uninsured, call the police. For very minor property-only cases that meet conditions for local quick processing, parties may handle settlement through insurers, but reporting is still advised when in doubt.

What is the role of the traffic police accident-responsibility certificate?

The traffic police issue an accident-responsibility certificate that states how responsibility is apportioned. It is important evidence for insurance claims and civil litigation. While courts give weight to the certificate, they can re-evaluate responsibility if there is strong contrary evidence.

What compensation can I claim after being injured?

Compensation categories include medical expenses, nursing and rehabilitation costs, lost income, disability compensation, property damage, and funeral expenses if applicable. Non-economic damages, such as mental distress, may also be awarded. The amount depends on evidence, local standards, and whether the at-fault party or insurer can pay beyond compulsory-insurance limits.

How does compulsory insurance (CTPL) work and is it enough?

Compulsory insurance provides basic coverage for injury and death up to statutory limits. It is often not enough for serious accidents. Most drivers carry commercial insurance to cover amounts exceeding compulsory limits. If damages exceed all insurance coverage, you may sue the at-fault driver for the remainder.

What if the other driver flees the scene - a hit-and-run?

Report immediately to the police and provide any available evidence such as witness statements, photos, and dashcam footage. The police will investigate. If you have collision damage and the other vehicle cannot be identified, your own insurer or compulsory insurance may provide limited coverage, and you can pursue recovery if the perpetrator is later found.

Can I sue if I am partly at fault?

Yes. China applies comparative responsibility concepts in traffic accidents. Compensation is adjusted based on each party’s degree of fault. The traffic police certificate and court decisions will apportion responsibility, and your recoverable amount will reflect your share of fault.

How long do I have to bring a civil claim for damages?

Generally, civil claims for tort damages must be brought within three years from when the injured party knew or should have known of the damage and the liable party. There are exceptions and longer limits for certain claims, and legal deadlines can be strict, so act promptly to preserve your rights.

What if the insurance company denies or undervalues my claim?

You can request a written explanation, provide additional evidence, request an administrative review through consumer protection bodies or the insurance regulator, mediate through the traffic police or an arbiter, or file a civil suit in court. An experienced lawyer can negotiate with insurers and represent you in litigation or mediation.

Are there special considerations for foreigners involved in accidents in Xiamen?

Foreigners should report the accident to police and their embassy or consulate if needed. Bring passport and visa details when exchanging information. Language barriers make it helpful to have a bilingual lawyer or interpreter. Insurance policies issued abroad may complicate recovery; local legal and insurance advice is important.

Additional Resources

These local and national bodies can help with reporting, claims, and legal assistance:

- Xiamen Public Security Bureau - Traffic Police Detachment for accident reporting and responsibility certificates.

- Xiamen Municipal Legal Aid Center for qualifying individuals who need free legal assistance.

- Xiamen Courts for filing civil lawsuits and accessing legal procedures.

- China Banking and Insurance Regulatory Commission and local insurance company claims departments for insurance dispute guidance and complaints.

- Xiamen Consumer Rights Protection organizations for consumer-level insurance and service disputes.

- Local hospitals and forensic centers for medical treatment and injury appraisal.

- Emergency numbers: 120 for medical emergency and 110 for police assistance.

Next Steps

If you need legal assistance after a car accident in Xiamen, follow these practical steps:

1. Preserve all evidence - photos, videos, police reports, medical records, receipts, and witness contacts. Keep originals and make copies.

2. Notify your insurer promptly and provide accurate documentation. Ask for the claim number and point of contact.

3. Consider consulting a local traffic-accident lawyer if injuries are serious, fault is disputed, or compensation is likely to exceed insurance limits. Prepare a brief summary of the accident, names, police report number, and copies of key documents when you first meet the lawyer.

4. Ask the lawyer about fee arrangements - flat fee, hourly rate, or contingency basis - and request a written engagement letter describing services and costs.

5. If criminal conduct may be involved, follow up with the traffic police and procuratorate and coordinate civil claims with any criminal proceedings. Victims can often join criminal cases to seek compensation.

6. Keep detailed records of medical treatment and work absences, and obtain disability or prognosis documents if relevant to long-term compensation.

7. If language is a barrier, bring a trusted interpreter or seek a bilingual lawyer. Timely and clear communication helps protect your legal rights.

Acting quickly and methodically increases the chance of a fair result. A local lawyer can guide you through Xiamen-specific procedures, negotiate with insurers, and represent you in court if needed.