Sidelights｜Are Legal Professionals = Exorcists? Guiding You Through Everyday Legal Issues

Everyday legal issues come in all shapes and sizes. This seminar focused on traffic accidents and online shopping disputes, using a relaxed approach to share frequently encountered cases and their relevant legal provisions. The goal is not only to prevent disputes from happening, but also to resolve problems actively and correctly after they occur!

What to Do When Involved in a Traffic Accident?

The most important thing immediately following a traffic accident is to call the police. Upon arriving at the scene, the police will conduct a preliminary clarification of the case (e.g., determining the right-of-way) and issue a preliminary accident analysis report. The right-of-way refers to a road user's priority of passage and serves as the basis for determining liability in traffic accidents. Police intervention and the preservation of evidence can prevent issues such as insurers refusing claims or the inability to establish liability in subsequent litigation. The preliminary analysis report, scene diagram, and photographs can generally be requested from the reporting police station one week after the accident, or applied for online through the National Police Agency, Ministry of the Interior, by designating a nearby police station for pickup. If you have doubts about the preliminary analysis report, you can apply for an appraisal with the Traffic Accident Appraisal Committee within the prescribed time limit. If you disagree with the appraisal, you may apply for a re-appraisal. If you still disagree, the case can be submitted to an academic institution (e.g., Feng Chia University, Central Police University, etc.) for a more professional assessment.

Generally, traffic accidents involve three types of liability: criminal liability (e.g., offense of negligent injury, hit-and-run, etc.—it is worth noting that negligent injury is a complaint-dependent offense, meaning charges can be dropped once a settlement is reached between the parties, whereas hit-and-run is not a complaint-dependent offense and charges cannot be withdrawn); administrative liability (e.g., revocation/suspension of driver's license, suspension of vehicle registration, fines, penalty points, compulsory lectures); and civil liability (e.g., claims for property damage compensation). The statute of limitations for filing a claim for damages is two years from the time the damage becomes known.

Online Shopping

To prevent consumers from making rushed and irrational consumption decisions, the Consumer Protection Act grants consumers who purchase goods or services via communication transactions (e.g., TV, magazines, internet, etc.) or訪問 transactions a seven-day appreciation (cooling-off) period upon receiving the goods or services. However, not all goods or services are suitable for return or cancellation after purchase. The following seven exceptions apply:
1. Goods that are prone to spoilage, have a short shelf life, or will soon exceed their expiration date upon return, such as fresh milk and cakes.
2. Customized goods, such as tailor-made clothing.
3. Newspapers, periodicals, or magazines.
4. Audio-visual products or computer software that have been unsealed.
5. Digital content not provided on a tangible medium, or online services that are completed upon provision with the consumer's prior consent, such as paid apps and e-books.
6. Unsealed personal hygiene products, such as intimate apparel.
7. International air passenger transport services.

Online Shopping Fraud

Cybercrime tactics constantly evolve alongside internet usage habits and trending topics. Nowadays, successful purchases can be made in just a few seconds on a mobile phone, but this convenience also makes it easy for us to lower our guard. Some items have longer shipping times, and when packages arrive, we often forget what we actually ordered. Receiving a pickup text message often leads to a "collect it first, ask questions later" mindset, which can accidentally result in picking up a ghost package. Alternatively, following instructions in text messages to wire money, withdraw cash, and transfer it can easily lead to being mistaken as a cash mule for a fraud syndicate. Such actions not only lead to financial loss but can also entangle you in criminal litigation. We remind everyone that when shopping online, be sure to watch out for the currently rampant online shopping scams. Always confirm whether it is an item you ordered before picking it up; otherwise, do not casually pay for and collect a parcel. Finally, we urge everyone: never make arbitrary payments and never help others pick up cash—these are the best ways to avoid becoming a victim.