Hit while riding without a helmet and told you get only half? Fault comes first; any cut is up to the court

02Step 2: fault depends on who broke the rules, not the helmet

Who caused the accident depends on who broke the rules: running a red light, failing to yield, speeding. Not wearing a helmet does not make you the one who caused it.

1. 30 days after the accident, you can apply to the police bureau that handled it for the preliminary accident analysis (道路交通事故初步分析研判表).
2. It sets out the police's initial view of the cause, which helps when you negotiate compensation.

• National Police Agency — Apply to the police unit that handled the accident

03Step 3: what you can claim

Civil Code Article 184 is the general rule on liability for wrongful acts; Article 191-2 makes the driver of a car or motorcycle in use liable for harm it causes. Losses from bodily injury fall under Article 193, and pain and suffering under Article 195.

1. Medical costs.
2. Nursing care costs.
3. Lost earnings while you cannot work.
4. Motorcycle repair costs.
5. Compensation for pain and suffering (精神慰撫金).

04Step 4: contributory fault depends on whether the injury is linked to the helmet

Civil Code Article 217: where the victim contributed to causing or worsening the harm, the court may reduce or remove the damages. Riding without a helmet can make a head injury worse, so with a head injury the court may reduce part of the damages.

1. Head injury: the court may reduce part of the damages because you had no helmet.
2. Injuries unrelated to the head (for example a broken leg): usually unaffected.
3. How much is cut is decided by the court case by case; the other side cannot simply declare half.

05Step 5: claim compulsory insurance first

Compulsory automobile liability insurance is basic protection for victims and is no-fault (Compulsory Automobile Liability Insurance Act Article 7): it does not depend on whether you were at fault.

1. Apply to the other vehicle's compulsory insurer.
2. Injury medical costs are covered up to NT$200,000.
3. Prepare the medical certificate, medical receipts and the accident records.

• Motor Vehicle Accident Compensation Fund — Compulsory insurance information, and claims when the other vehicle is uninsured or cannot be found

06Step 6: no agreement? Mediate first, then sue

1. Mediate at the district office mediation committee (區公所調解委員會), free of charge.
2. If mediation fails, file a small-claims or civil lawsuit.
3. Legal Aid Foundation, 412-8518.

A district office mediation that succeeds and is approved by the court has the same effect as a final civil judgment (Township and County-Administered City Mediation Act Article 27).

• Legal Aid Foundation (412-8518)
• Judicial Yuan

07Step 7: no helmet is a separate fine

Road Traffic Management and Penalty Act Article 31(6): if a motorcycle rider or passenger does not wear a helmet as required, the rider is fined NT$500.

1. You have no helmet: the rider is fined NT$500.
2. Your passenger has no helmet: the rider is fined too.

08Things to watch

1. There is no fixed percentage for contributory fault; the court looks at how the injury relates to the missing helmet, case by case.
2. An accident is not always one side's fault; if you also broke a rule (say, ran a red light or sped), you may be found partly at fault for that too.
3. A damages claim must be made within 2 years of learning of the harm and who is liable (Civil Code Article 197); do not wait.
4. Do not rush to sign a settlement that waives all other claims before your injuries settle; once signed you usually cannot ask for more.