Traffic Accident
We, experienced lawyers, are able to assist in the following matters:
- To get compensation for your injury by a traffic accident
- To calculate compensation for a traffic accident
- To negotiate for property damage by a traffic accident
- To support your criminal or visa procedures after traffic accidents
Need Help With A Legal Problem?
We, Nagoya International Law Office, welcome cases for traffic accidents including the following:
- I was hit by a car when riding a bicycle and was injured. This was the car driver’s fault 100%. What steps should I take to get compensated by the car driver or the insurance company?
- If I get injured by a traffic accident while driving a car, how much will I be compensated?
- I had a car collision and both drivers luckily did not get any injuries, but my car was damaged and so was the other car. How can I get compensation for damage of my car?
Procedure of Tasks
Process to get compensation
I was hit by a car when riding a bicycle and was injured. This was the car driver’s fault 100%. What steps should I take to get compensated by the car driver or the insurance company?
Resolutions
If the driver has voluntary insurance, the insurance company will handle your compensation rather than the driver. The insurance company will bear your medical fees, so you do not have to pay even if you have treatment at a hospital. You will be compensated for lost income if your injury requires leave from work. You can claim consolation money for your emotional distress after you complete your medical treatment and rehabilitation at the hospital. Generally, the insurance company will make a proposal to compensate for your total damage.
Information
When you have a traffic accident, you should report the accident to the police and exchange the contact address
and insurance information with the other party, typically the driver, in the accident.
If the driver has voluntary insurance, the staff of the insurance company will contact you. You may inform the
insurance company which hospital you will go to, and they will request you to sign an agreement that the
insurance company can receive your medical information directly from the hospital. If you accept it, you do not
need to pay medical expenses when you go to the hospital because the insurance company will reimburse the
medical expenses.
If you have to take leave from work because of your injury, the insurance company will reimburse your lost
income based on your average income for the last 3 months.
After you complete your medical treatment and rehabilitation, the insurance company will make a proposal to
compensate for your total damage, including consolation money for your pain and suffering caused by the traffic
accident. The amount of consolation money is usually based on the length of treatment and frequency of
visitation to the hospital.
If you have an aftereffect (permanent injury) when you complete your treatment, you should get a medical
certificate for your aftereffect and submit it to the insurance company. The insurance company will get an
evaluation of your aftereffect from the Aftereffect Evaluation Organization. If the organization evaluates that
you have an aftereffect, the insurance company will include consolation money for the aftereffect and lost
potential future income in the proposal.
Our Service
We, Nagoya International Law Office, will help you to receive appropriate compensation. We will negotiate
reimbursement of lost income caused by your injury. We will negotiate with the insurance company if the full
course of medical treatment is not provided. We will evaluate the settlement proposal offered by the insurance
company and negotiate an appropriate amount of compensation. Generally, the insurance company will propose an
inadequate amount for the first round of proposals, especially when the victim is a foreign national. We
strongly do not recommend accepting the first proposal from the insurance company.
If you believe you have an aftereffect caused by the accident, we will try to get the appropriate compensation.
You do not have to give up, even if you get the result “aftereffect is not applicable for you” for the first
evaluation. After appeal, you still have a chance to get another result.
Frequent Q&A
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Q. |
What are the requirements to be compensated for lost income because of injury? |
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A. |
If you obtain a medical certificate to prove that you are unable to work, the insurance company will normally pay you for lost income. The amount will be calculated by your last 3 months income before the accident. |
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Q. |
How frequently should I go to the hospital to get appropriate compensation? |
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A. |
Consolation money for emotional distress caused by your injury is generally in proportion to the length and frequency of going to hospital. If the hospital visits are fewer than twice a week, the amount of compensation decreases accordly. If your doctor requests you to come to the hospital more often, you should go to the hospital according to your doctor’s direction to get appropriate compensation. |
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Q. |
The insurance company is pressuring to stop payment of my medical expenses after 4 months from the accident, but I have not healed enough. What can I do? |
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A. |
When you have to stop medical treatment should be decided by your doctor, not the insurance company. If you still have pain caused by the accident, you should negotiate with the insurance company supported by your doctor or lawyers. For example, if your injury is “whiplash injury”, the doctor and the insurance company will allow you to go to the hospital for 6 months after the accident. |
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Q. |
If I believe I have an aftereffect caused by the accident, what should I do? |
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A. |
You should have an evaluation by the Aftereffect Evaluation Organization. To get an evaluation, you should bring the special form of medical certificate for the aftereffect caused by the traffic accident to your doctor. After getting it from your doctor, you can submit it to the insurance company, and then the insurance company will submit the medical certificate together with relevant documents to the Aftereffect Evaluation Organization. The organization is independent from insurance companies, so you do not have to fret over submitting the medical certificate to the insurance company. |
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Q. |
If the driver does have voluntary insurance, what can I do to get compensation? |
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A. |
You can make a claim to the mandatory vehicle liability insurance which every car owner is obligated to subscribe to, but the compensation amount is restricted. If you cannot get enough compensation from the mandatory insurance, you have to claim it directly from the driver. However, the driver who does not have voluntary insurance often cannot afford to pay enough compensation. |
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Q. |
If I retain a lawyer, should I pay the lawyer's fee myself? |
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A. |
Basically yes. Nowadays, most insurance companies offer a special contract for legal fees in car insurance. If you have a special contract for legal fees in your insurance, the insurance company will pay or reimburse your lawyer’s fee. We strongly recommend you subscribe to a special contract for legal fees just in case. |
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Q. |
How long is the statute of limitation for the car accident? |
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A. |
For your injury, the limitation is 5 years from the end of your medical treatment. However, sometimes the cut-off for medical treatment may be disputed, so we recommend to claim damages within 5 years from the accident. As for your property damage, the limitation is 3 years from the accident. |
Calculation for compensation
If I get injured by a traffic accident while driving a car, how much will I be compensated?
Resolutions
You will be compensated not only for medical expenses and lost income for injury leave, but also consolation money for pain and suffering and lost potential future income. The calculation is according to the case law based on such matters as: length of hospitalization and medical treatment, grade of your aftereffect, your income, your age, and rate of your fault. However, the calculation by the insurance company and a lawyer for the victim is often different. If you are a foreign national, the insurance company sometimes offers less compensation than for a Japanese national. We strongly recommend consulting a lawyer before you sign the settlement agreement paper.
Information
1. Medical expense
If the other car driver’s fault percentage of the accident is apparently more than 50%, the insurance company of the other car driver will directly pay your medical fee to the hospital. In other words, you do not have to pay your medical expenses when you go to the hospital. If you would like to have direct payment to the hospital, you should sign the agreement to accept the hospital to disclose your medical information to the insurance company. If the insurance company refuses to pay your medical fee directly to the hospital, you can use your health insurance and should bear 30% of medical expenses. In this case, you should submit the report of injury by a third party to your health insurance organization.
2. Expenses for hospitalization
You will be compensated 1,500 yen for each hospitalized day.
3. Travel expenses to the hospital
You will be compensated for transport expenses, such as public transport or private vehicle fuel costs. If you use your private vehicle, the calculation for fuel expenses is 1km=15 yen.
4. Lost income for injury leave
You will be compensated for actual lost income during the period you cannot
work. Your lost income will be based on the average of your last three months’ salary.
If you are a sole proprietor, you will be compensated actual lost income and fixed costs such as rent and salary
for your employees.
If you are a housewife, you will be compensated for the period you cannot do house work. The calculation is
based on the average income of women workers. If you are a part-time worker, you will be compensated whichever
is higher; your actual lost income or average income of women workers.
5. Consolation money from pain and suffering
You will be compensated based on the period of hospitalization and medical
treatment.
If you sustained a fracture in the accident, one month hospitalization and 4 months attending hospital for
medical treatment, compensation will be around 1,300,000 yen. If you have a serious injury and have several
surgeries, 3 months hospitalization, 8 months attending hospital for medical treatment and rehabilitation,
compensation will be around 2,220,000 yen.
If you have whiplash (neck or back pain) caused by the accident, and 6 months attending hospital for medical
treatment and rehabilitation, compensation will be around 890,000 yen.
If you attend the hospital less than twice a week, the amount of compensation will be decreased accordingly.
6. Consolation money for aftereffect
You will be compensated based on the evaluation of the aftereffect.
If you have a permanent neck pain which can be proven by X-ray or MRI, it will be evaluated 14th degree of
aftereffect. You will be compensated around 1,100,000 yen as consolation money.
If you cannot move your arm or leg less than 50% of a normal person, it will be evaluated 12th degree of
aftereffect. You will be compensated around 2,900,000 yen as consolation money for the aftereffect.
If you get a higher-order brain dysfunction and your work ability dramatically decreases, it will be evaluated
9th degree of aftereffect. You will be compensated around 6,900,000 yen as consolation money for the
aftereffect.
7. Lost potential future income
Calculation is based on your income before the accident, degree of
aftereffect,and your age.
If you are 30 years old and earned 3,000,000 yen a year before the accident, and your aftereffect is evaluated
14th degree, the loss rate of working capacity is deemed 5% and the length of loss capacity will be deemed 5
years (“5 years” is generally applied for 14th degree.). You will be compensated around 680,000 yen.
If you are 40 years old and earned 4,000,000 yen a year before the accident, and your aftereffect is evaluated
12th degree, the loss rate of working capacity is deemed 14% and the length of loss capacity is deemed 27 years
(until 67 years old). You will be compensated around 10,260,000 yen.
If you are 50 years old and earned 10,000,000 yen a year before the accident, and your aftereffect is evaluated
9th degree, the loss rate of working capacity is deemed 35% and the length of loss capacity will be deemed 17
years (until 67 years old). You will be compensated around 46,000,000 yen.
8. Offset based on the rate of fault
If you had a rear-end collision while stopped, you will not have any rate of fault. If you went straight at the
signal and you were hit by a car turning right from the opposite lane, you basically have 20% fault. If you went
straight and were hit by a car from a side road ignoring the stop sign, you still generally have 20% fault. Your
rate of fault may change according to the speeds of both cars, which moved into the corner first, and other
significant faults.
If you have 20% fault, you can be compensated only 80% of your total damage. If your total damage is 5,000,000
yen including 1,000,000 yen for medical expenses directly paid to the hospital, you will be compensated
4,000,000 yen (80% of 5,000,000). However, you will get
only 3,000,000 yen, because 1,000,000 has already paid to the hospital.
Our Service
Calculation of the compensation amount is a very technical matter. We, Nagoya International Law Office, will calculate the amount of appropriate compensation as experts. Also, we can represent you to negotiate for compensation against the insurance company in order to receive appropriate compensation.
Frequent Q&A
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Q. |
Will the amount of compensation be different compared to Japanese nationals if I am a foreign national? |
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A. |
Generally, nothing is different from Japanese nationals if you have a valid visa status. However, if you have a fixed-term visa status and you are planning to return to your country after a certain period, calculation for your lost potential future income may change according to the average income in your country. |
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Q. |
Can I receive compensation even if I illegally stay in Japan? |
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A. |
You have a right to receive compensation even if you are staying in Japan without a valid visa. Also, staying in Japan illegally has nothing to do with the amount of consolation money. Illegal stay affects your workable period because you are subject to deportation and are not supposed to stay for the long term. |
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Q. |
Can I receive compensation for lost potential income if I am a housewife? |
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A. |
Calculation formula is the same as a company employee. However, a housewife does not have an average income, so the average income for all women workers is applied as a housewife’s average income. |
Property damage by a traffic accident
I had a car collision and both drivers luckily did not get any injuries, but my car was damaged and so was the other car. How can I get compensation for damage of my car?
Information
If the accident was 100% fault of the other driver and the driver has insurance for property damage of others,
they will cover the damage of your car fully. If you have some part of fault in the accident, the insurance of
the other driver will cover only the rate of the other driver’s fault. For the remaining damage, you have to pay
by yourself or your own insurance will cover it if you have a motor vehicle insurance for your own car.
If you have some part of fault in the accident, you also have to pay damage for the other car according to the
rate of your fault. If you have insurance for property damage of others, the insurance will cover it.
If each party has some fault, each party has to pay compensation to each other. However, it is complicated, so
both parties offset their damage and pay just the difference, if both parties agree. For example, if your car’s
damage is 1,000,000 yen and your fault is 30%, and the other car’s damage is 500,000 yen and the other driver’s
fault is 70%, you have to pay 150,000 yen for the other car’s damage and the other driver has to pay 700,000 yen
for your car’s damage. However, it is complicated if both parties have to pay each other, so simply the other
car driver will pay you 550,000 yen after offsetting the balance.
Our Service
In the event of car damages in a traffic accident, the main issue will be the rate of fault. It is often determined by the case laws. The standard rates are ruled in the case law book based on the patterns of accidents, but there are many adjusting elements. We, Nagoya International Law Office, can negotiate to get a fair rate of fault. We also represent you to get fair compensation in court. If you have a special contract for legal fees through car insurance, you do not have to pay our fee when you negotiate your car damage claim.
Frequent Q&A
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Q. |
How will the amount of car damage be decided? |
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A. |
You can submit an invoice issued by a car repair shop and photos of your damaged car to the insurance company of the other driver. If the insurance company accepts the invoice, the amount of damage to your car will be non-arguable. Sometimes the investigator will visit the repair shop and confirm the damage of your car. |
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Q. |
If my car is too damaged to drive or is too expensive to repair, how much compensation will I get? |
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A. |
You can receive the equivalent amount of which a similar car costs (same type, grade, age, mileage etc.) from the used car market. You do not have to purchase a similar car. It is just a method to determine the amount of compensation. |
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Q. |
Can I claim compensation for a rental car cost during my car’s repair? |
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A. |
Yes, you can claim compensation for the rental car cost of a similar car. The length of rental will be strictly restricted to the duration necessary to repair your car. Generally, it will be a maximum of two weeks. |
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Q. |
Should I repair my car if I get compensation for it? |
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A. |
No, you do not have to repair your car. For example, if your car was hit from the right side and only the door panel was dented, you do not have to repair the door. |
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Q. |
Should I negotiate with the other car driver or the insurance company by myself or retain a lawyer? |
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A. |
If you use your insurance for property damage of others, the staff of the insurance company will negotiate with the other party instead of yourself. If you do not use your insurance for property damage of others, you have to negotiate by yourself. If you have a special contract for legal fees in your insurance, you can retain a lawyer by using this insurance. |
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Q. |
If I use my insurance to pay damages for others or my car, what disadvantage will I have? |
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A. |
If you use your own insurance for property damage of others or you use a motor vehicle insurance to repair your own vehicle, your insurance premium will increase and it takes several years to return to the original price. If the damage of your car or your payment for the other car is considerably small and you can afford it, you should carefully consider whether you should use insurance or pay damages by yourself. |
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Q. |
How long is the statute of limitation for car damage? |
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A. |
As for your vehicle’s damage, the statute of limitation is basically 3 years from the accident, remembering the limitation for bodily injury is 5 years. |
Criminal or Visa procedures after traffic accidents
In the event of a traffic accident, you must call the police “110” even if no one was injured. The police will instruct you to stay at the accident site or come to the police station. If someone was injured in the traffic accident, you must call the emergency center “119” for an ambulance. You also must contact your insurance company to use your insurance coverage.
Resolutions
After calling the police station, generally they will come to the accident site. If no one was injured in the
accident, the police will make a “property damage accident report” and no further investigation will proceed. If
someone was injured in the accident, the police will proceed with further investigation and make “on-site
investigation reports”; hearing from both drivers and sending them to the Prosecutor's Office. If, for example,
a driver was seriously injured and it was caused by your gross negligence, you will be prosecuted.
If you were intoxicated and caused an accident in which someone was injured, it is a very serious case. You will
be arrested on site and be prosecuted. Attempts to escape from the accident site will be handled severely, and
you will not be able to avoid imprisonment.
As for your driver’s license, if no one was injured in the accident, no penalty will be applied to your driver’s
license. If someone was injured in the accident because of your fault, some penalty will be applied to your
driver’s license. The penalty points are based on your degree of negligence and the seriousness of injury caused
to the victim. If the penalty is 6 points or more, your driver’s license will be suspended for 30~180 days. If
the penalty is 15 points or more, your driver’s license will be canceled and you cannot get a new driver’s
license for 1~5 years.
Your visa status will be not affected by the traffic accident itself, but will be affected by the criminal
judgment for the traffic accident.
As for your injury and property damage, please see the above explanations.
Our Service
We, Nagoya International Law Office, will advise what you should do immediately after the accident, including police matters and negotiation with the other driver or insurance company. We also advise future expectations and work out necessary measures for criminal cases, negotiation for compensation, your driver’s license, and your visa status. We can defend you in a criminal trial for the accident, represent you to negotiate compensation against the other party, and represent you in a deportation procedure if necessary.
Frequent Q&A
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Q. |
I hit a parked car and no one was inside. Should I report it to the police? |
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A. |
Yes, you still have an obligation to report the accident to the police . If it was later discovered you hit the car, you may be prosecuted in violation of report obligation for an accident causing property damage, and you may get penalty points on your driver’s license. |
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Q. |
I was intoxicated and caused a traffic accident. If I stay at the accident site and wait for the police, I will be facing driving under the influence (DUI) charges. If I escape from the site and appear to the police station the next day, is it better for me to reduce my penalty? |
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A. |
No. If discovered that you caused the accident while intoxicated, the penalty becomes much more serious. It is better to stay at the accident site and be found intoxicated. Nowadays, intoxication can be proven not only by breathalyzers but also statements of restaurant staff or your friends. |
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Q. |
My driver’s license was suspended because of a traffic accident. Can I make the suspension period shorter? |
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A. |
You can make your suspension period shorter if you attend specific safety-drive lectures. If your suspension period is 30 days, you can shorten your suspension period to 1 day. If your suspension period is 60 days or more, you can shorten your suspension period to around half of your original suspension period. |
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Q. |
I caused a traffic accident and received a fine penalty from the court. Can I renew my visa status? |
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A. |
Generally, you can renew your visa status. “Application for Extension for Period of Stay” has a question such as: if you have a criminal record “including dispositions due to traffic violations, etc.”. You should answer “Yes” to this question and you will need to explain the details of the penalty and the accident to immigration. However, if you only received a fine from the court, it means the accident or your fault was not serious. Immigration will not take the traffic accident into consideration. |
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Q. |
I caused a traffic accident, but I escaped from the accident site because I am overstaying in Japan. What should I do? |
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A. |
We recommend you appear to immigration first and then report your accident to the police. If you appear to the police station first, you will definitely be arrested for overstaying. If you appear to immigration first, you can reduce the possibility of being arrested. However, it is not certain if you can avoid arrest or not. It depends on the degree of the accident and your overstaying situation. |