Appendix 1
Sample Letter to the Police
BY FAX (2865 0748) AND BY POST
Central Traffic Prosecution
15th Floor, Asian House,
No.1 Hennessy Road,
Wanchai,
Hong Kong
Dear Sirs,
Re:Case No.: []
Injured: [name of Injured]
Injured’s employer: [name of Insured]
Vehicle registration no.:
DOA:
Traffic accident at [location of accident]
We are the insurer of [name of Insured] in the employees’ compensation proceedings brought by [name of Injured].
We are given to understand that [name of Tortfeasor], the driver of vehicle no.[registration of insured vehicle] was involved in an accident on [date of accident] and [location of accident]. As a result, [name of Injured] was injured.
By reasonoftheaccident, [name of Tortfeasor] was charged with/convicted of the offence of careless driving.
[Name of Injured] was in the course of employment at the time of the accident. He/she is now seeking employees’ compensation against [name of Insured].
To facilitate us in assessing the recovery claim of [name of Insured], we should be grateful if you could supply us with certified copies of the following: -
(1)Cautioned/uncautioned statements of all the witnesses of the accident;
(2)Sketch plan of the scene of the accident;
(3)Photographs of the scene of the accident;
(4)List of injured persons and involved vehicles;
(5)Motor vehicle examination report; and
(6)All other documents pertaining to the aforementioned accident.
We undertake to pay your reasonable prescribed fees.
As for the photographs of the scene of the accident, you may supply the negatives on loan to us for producing the prints ourselves.
We enclose herewith a letter of authorization signed by [name of Injured] for your further handling.
Your prompt attention to the above is highly appreciated.
Yours faithfully,
The Ming An Insurance (H.K.) Co. Ltd.
Encl.
LETTER OF AUTHORISATION
HONG KONG POLICE
Dear Sirs,
Re:Case No.: []
Injured: [name of Injured]
Vehicle registration no.: [insured vehicle]
I hereby authorize The Ming An Insurance (H.K.) Co. Ltd. to obtain certified copy of my statement(s) given to your department and all other relevant documents pertaining to the captioned accident.
Dated this day of 2006.
[Name of Insured][HKID card no.]
Appendix 2
Sample Letter to Magistrate’s Court
BY POST
[Name and address of the Magistracy]
Dear Sirs,
Re:Summons Case: []
Injured: [name of Injured]
Defendant: [name of Insured]
We are the insurer of [name of Insured] in the employees’ compensation proceedings brought by [name of Injured].
We are given to understand that the abovenamed Defendant, being the driver of vehicle no.[registration of insured vehicle] was involved in an accident on [date of accident] and [location of accident] causing injuries to [name of Injured].
By reason of the accident, the abovenamed Defendant was convicted/acquitted of the charge of [name of charge] at the trial on [date of trial]. In view of our insured’s interest in any potential recovery claim against the abovenamed Defendant, we shall be grateful if you would let us know the estimated cost in obtaining a copy of the certified true and typed Notes of Proceedings of this case. Enclosed please find copy letter of authorization signed by [name of Injured] for your attention.
Your prompt attention to the above would be highly appreciated.
Yours faithfully,
The Ming An Insurance (H.K.) Co. Ltd.
Encl.
LETTER OF AUTHORISATION
[Name and address of the Magistracy]
Dear Sirs,
Re:Summons Case: []
Injured: [name of Injured]
Defendant: [name of Insured]
I hereby authorize The Ming An Insurance (H.K.) Co. Ltd. to obtain certified true and typed copy Notes of Proceedings in respect of the captioned Summons together with exhibits therein referred to, if any.
Date thisday of 2006.
[Name of Insured][HKID card no.]
Appendix 3
Sample Letter to the Labour Department
BY POST
Labour Department
Legal Services Division,
Occupational Safety and Health Branch,
13th Floor, HarbourBuilding,
38 Pier Road, Hong Kong.
Dear Sirs,
Re:Injured: [name of Injured]
Injured’s employer: [name of Insured]
We are the insurer of [name of Insured] in the employees’ compensation proceedings brought by [name of Injured].
On [date of accident], [name of Injured] sustained injuries while he/ she was working at the premises of [name of Tortfeasor] at [location of accident].
We understand that your department has investigated the matter after the accident.
[Name of Injured] is now seeking employees’ compensation against [name of Insured]. In view of our insured’s interest in any potential recovery claim against [name of Tortfeasor], we shall be grateful if you will furnish us with copies of the following documents:-
i)declarations given by all the witnesses of the case together with the English translation (if any);
ii)was there any investigation after the accident? If yes, kindly let us have the investigation report;
iii)was there any prosecution by reason of the accident? if yes, what was the result of prosecution?
iv)kindly let us have copies brief facts, notes of proceedings together with all exhibits if available;
v)all other relevant documents pertaining to the accident; and
vi)photographs of the scene of the accident taken by you (if any) or alternatively supply the negatives on loan for us to produce the prints ourselves.
We undertake to use the documents supplied by your department solely for the purpose of the claim.
We also undertake to pay your reasonable photocopying charges.
We enclose herewith an original authorization letter signed by [name of Injured] for your handling.
Your kind assistance in the matter is highly appreciated.
Yours faithfully,
The Ming An Insurance (H.K.) Co. Ltd.
Encl.
LETTER OF AUTHORISATION
Labour Department
Dear Sirs,
Re:Injured: [name of Injured]
Injured’s employer: [name of Insured]
We hereby authorize The Ming An Insurance (H.K.) Co. Ltd. to obtain copies of the statements/declarations and all other relevant documents in relation to the captioned accident.
Dated this day of 2006.
[name of Insured][HKID card no.]
Appendix 4
Sample Pre-action Letter
BY POST
[Name of Tortfeasor]
[Address of Tortfeasor]
Dear Sirs,
Re: EC Claim Recovery
Injured: [name of Injured]
Injured’s employer: [name of Insured]
Vehicle registration no.:
DOA:
Traffic accident at [location of accident]
We are the insurer of [name of Insured] in the employees’ compensation proceedings brought by [name of Injured].
On [date of accident], you had negligently caused a traffic accident on [location of accident] hereby causing injuries to [name of Injured] who was our insured’s employee working in the course of employment.
Your client was convicted of “careless driving” in Case no. [case no.] on [date of hearing] and we take the view that your client is solely responsible for causing the accident.
As a result of the accident, our client has paid a total sum of $[amount of EC] as employees’ compensation to [name of Injured] pursuant to the Employees’ Compensation Ordinance, a breakdown of which is as follows:-
Section 9 / $Section 10 / $
Section 10A / $
------
$
======
By virtue of section 25 of the Employees’ Compensation Ordinance, we write to inform you that unless we receive from you the said sum of $[amount of EC]within the next 7 days, we shall commence legal proceedings to seek a full indemnity without further notice.
Yours faithfully,
The Ming An Insurance (H.K.) Co. Ltd.
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