人身傷亡賠償-保留收據和月結單的重要性 Importance of evidence in claiming damages after an accident

人身傷亡賠償-保留收據和月結單的重要性

大家有平日保留月結單和收據的習慣的話，遇到意外需要索償時便容易得多。法庭會按照你的收入和支出證據判定你應獲得多少賠償。

在Chan Lung Hing v Ng Kam Man [2014] HKCFI 112一案中，法官因為原告的證據不足拒絕判予他部分的賠償。

此案的原告在交通意外後頸部和背部感到痛楚，影響他在車房工作的能力。原告聲稱他在意外發生時經營車房生意，每月大概賺取$15000元。不過原告沒有車房的進帳記錄，也未能解釋為何取消車房的商業登記。他聲稱收入太低沒有交稅，卻在2011年突然交稅，但是報稅表上沒有解釋全年收入的來源。再者，他在庭上就每月收入金額的供詞不一，銀行戶口的進帳來源也缺乏明確的解釋。法官認為他的證供不可信，收入也沒有任何文件證明而判被告無須賠償原告收入損失。致於被告喪失賺錢能力的損失，法官因為他是自僱人士而拒絕判予原告賠償。

致於其他賠償，法官認為原告不但沒有證據證明，還誇大其辭。原告的計程車和補品費用均沒有收據證明，法官只好作合理估算。法官再考慮原告的醫療費用，發現有醫生反映他誇大痛楚的程度，部分療情與意外更拉不上關係，只判予原告在醫院的醫療費用。

此案反映保留收據和月結單，甚至是任何證據作呈堂證供的重要性，否則法官難以訊估你的收入和開支而判處適當的賠償。歡迎致電或WhatsApp 69776708 林先生查詢報價及預約。

Importance of evidence in claiming damages after an accident

Why does it matter to keep record of receipts and bank accounts? It is good practice in case accidents occur and you need to claim damages. The court will rely on the quality of evidence to determine the amount of damages you are entitled to.

In the case of Chan Lung Hing v Ng Kam Man [2014] HKCFI 1121, the court rejected part of the plaintiff’s claim because of the poor quality of evidence.

The plaintiff suffered from neck and back injuries after a traffic accident which limited his abilities to work as a car mechanic in the garage business he owned. He claimed that he was earning HK$15,000 per month before the accident. However, he did not keep a record of the financials he had with the garage business nor could he explain the why he cancelled the business registration of the old garage. He also never filed a tax return until 2011 when he suddenly file one with no breakdown of the annual income. He changed his evidence several times in cross-examination concerning his income. The source of his bank account deposits were also unclear. Therefore, the judge found that due to the lack of supporting documentary evidence, the plaintiff was not entitled to any loss of earnings. The plaintiff was also not entitled to loss of earning capacity because he was self-employed.

Moreover, the judge found that the plaintiff exaggerated claims with a lack of supporting documents. The plaintiff did not keep any receipts of taxi trips, tonic food. Although the plaintiff could show that he attended various medical treatments, the judge found that amount was unreasonably incurred to be related to the accident. The best the court could do was to give a rough estimate to the reasonable expenses and the hospital fees incurred.

Therefore, it is good practice to keep track of your financials generally. In case an accident occurs, you can produce evidence of your earning capacity and the expenses that have incurred by keeping every receipt and document after the accident in order to claim damages.