Traffic Accident

Traffic Accidents and Other Accidents (Tort Liability in Japan)

What Yamagami Law Offices can offer

• How to obtain adequate sum of compensation from an insurance company?
• Have received an out-of-court settlement proposal from an insurance company but is it adequate?
• To confirm whether executing the settlement agreement is adequate as proposed.
• What would happen if physical impediment (residual disability) remains?
• Who is responsible for the accident which has not yet been determined?
• Wish to solve an accident arising from a bicycle or other situation.
• What can be done, if arrested because of the accident (criminal liability) and others?

Suggestions from Yamagami Law Offices

There are many concerns and problems surrounding traffic accidents and other accidents. We wish to summarize as follows some important points which we would like you to understand so that you may not make a mistake in handling the matter.

We would be glad if this website and our consultation will be helpful for you.

When there is a conflict regarding the responsibility of the accident

A conflict between the parties in terms of responsibility of the accident tends to become serious as to which party is responsible and to what extent each party is responsible (comparative negligence or failure ratio). Our law office is ready to assist you in solving such matter in addition to the amount of damage itself. If you do not understand or are not convinced with what the other party says, please do not hesitate to contact us for help.

Incidentally the record in a drive recorder can be an effective evidence.

Examples of possible amount of the damages

If he or she is injured intentionally or by mistake/negligence in a traffic or other accident, the victim may demand the assailant to compensate the amount of the damages (under Article 709 etc. of Japanese Civil Code, etc.)

In case the assailant is insured by a voluntary insurance, the victim is to demand the assailant’s insurance company for the loss. It is advisable to utilize the professional expertise of a lawyer, since the negotiation with the voluntary insurance company is not easy because they are professional.

Particularly the standards of the loss used by voluntary insurance companies are established generally lower than the one by courts and as a result there is a possibility that the victim may receive a lower amount of damages in the out-of-court settlement than the one the victim would be able to recover in the court.

Some examples of the loss of the damages

Medical treatment expense

The medical treatment expenses are incurred in connection with attending a hospital and/or hospitalization for medical treatment. There may be an issue whether the medical expenses for so-called non western (such as judo therapeutics, massage, hot spring therapeutics, acupuncture, etc.) are compensated. It is necessary to confirm if the insurance company bears such expenses.

Attendant (caring) fee

The attendant (caring) fee by a professional or relative is paid as a loss based on a doctor’s direction etc. 

Miscellaneous expenses of hospitalization

Miscellaneous expense of hospitalization are paid on basis of a certain standard, for example 1,500 JPY each day while hospitalized.

Transportation expenses to attend a hospital

Generally public transportation expenses are paid, and in some case taxi fare is paid.

Compensation for absence from work

The compensation for absence from work varies depending upon his or her profession. There is a case that those who do housework or who are out of work currently are also paid the compensation for absence.

Consolation money (damages for mental suffering) of hospitalization and attending a hospital

It is a general practice to pay the consolation money (damages for mental suffering) on a certain standard for the period of hospitalization and attending a hospital. The standards adopted by a court and an insurance company are different in many cases and it is advisable to study the matter carefully.

Loss of future profit because of death or residual disability (permanent disability)

The loss of future profit means the future income which will be no longer be obtained because of death or residual disability (permanent disability) and shall be considered as the damages. The amount varies depending upon the jobs and extent of the residual disability (permanent disability). Besides the standards adopted by a court and an insurance company are different in many cases and it is advisable to study the matter carefully.

Consolation money (damages for mental suffering) of death or residual disability (permanent disability)

The consolation money (damages for mental suffering) due to death or  residual disability (permanent disability after “symptoms fixed”) shall also be considered as the damages. Since the standards adopted by a court and an insurance company are different in many cases and it is advisable to study the matter carefully.

Property damage

The repair cost of the damaged vehicle (in some cases appraisal loss and the expense of a replacement vehicle used during the repair) are considered as the damage in case of a traffic accident.

Attorney fees

In case of a suit to claim compensation for damages in connection with the traffic accident, medical negligence accident or other accident (tort liability), it is generally accepted to demand approximately ten percent of the damage as a part of the attorney fee, (though it does not mean the assailant pays the attorney fee in advance.)

Consultation seeking for the second opinion

You may wish to seek for the second opinion, though you have consulted with an expert already. Our office is ready to provide you with the second opinion and please feel free to contact us.

Bicycle and pedestrian or both bicycles collision accident

Recently many collision accidents happen between a bicycle and pedestrian or both bicycles and they can be solved just like traffic accidents.

Unlike a vehicle driver it is not mandatory for a cyclist to have a liability insurance. If the cyclist, who caused a traffic accident resulting in death or injury, does not have an optional insurance and cannot afford to make up for the damage, the victim may not be able to receive an appropriate amount of compensation. Besides a serious criminal responsibility may possibly be charged, if not insured adequately.

Accordingly, it is recommended that those who ride a bicycle buy a voluntary liability insurance.

Other accidents

In accidents other than traffic ones (for example, bodily injury caused by violence/fight, accidents in a shop caused by falling down, etc.) and if it is due to intention or negligence (on the side of the assailant or the manager of the shop), the compensation for damages is calculated in the same manner as the traffic accident and paid to the victim.

Criminal responsibility

Even in case of traffic accident the assailant may be arrested and charged criminal responsibility depending upon the type of the accident. If you admit liability for the matter even though you are innocent during the investigation, an irreparable situation may be caused.

Our office has expertise in defending a criminal case of the traffic accident.
　

Notice

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Our services shall be provided in Japan only.

We do not guarantee any courts or any authorities make decisions same as this website. We do not assume and accept any responsibility or liability regarding this website.

 

Contact us

Yamagami International Law Offices
【Tokyo】Roppongi Denki Building 7F, 6-1-20 Roppongi, Minato-ku, Tokyo 1060032, Japan
【Fukuoka】Koenoki Building 4F, 1-3-14 Maizuru, Chuo-ku, Fukuoka 8100073, Japan
Tel +81-92-739-2388