For those who have been involved in a traffic accident | Service | Setagaya Yoga Law Office, a law firm specializing in individual clients

If you are involved in a traffic accident, the policy for dealing with the situation will vary greatly depending on your position and circumstances as a victim.
It is important to sort out the following points in order to receive just compensation.

Point 1)"Property Damage" or "Personal Injury"? Personal Injury Accident?
- Property damage: An accident in which there is damage to a vehicle or property, but no one is injured.
- Personal injury": an accident in which a person is injured.

Point 2) Is the "fault ratio" 0:100 or not?
- Negligence ratio": the degree of responsibility (negligence) for an accident quantified by the at-fault party and the victim.
　Since the amount of damages will be affected by the traffic accident,
　the situation of the traffic accident is investigated by requesting a statement of findings
　(in the case of property damage accidents, a "property accident report").

Point 3) "residual disability (aftereffects)" Yes or no? No?
- Disability": A disability that has not been completely cured by continued treatment and remains in the body.
　If approved, the applicant can claim compensation for the residual disability and lost earnings
　(compensation for future loss of income).

Point 4)What are the standards for calculating compensation?
- “Minimum standard": minimum compensation based on the Automobile Liability Insurance Law
　(compulsory insurance that automobiles are required to have).
- “Voluntary Insurance Standard": Each insurance company has its own standard.
- “Red Book Standard (Appendix I and II)”: This is the court standard used by lawyers and tends to be the most expensive.

The "Red Book" is the common name for the standard for calculating damages published by the Traffic Accident Consultation Center of the Japan Federation of Bar Associations.

Point5) Residual disability rating in case of whiplash
- Grade 14 : Minor neurological symptoms (pain and numbness), but no abnormalities can be seen on imaging.
- Grade 12: neurological symptoms and imaging findings (abnormalities can be confirmed by x-ray, MRI, etc.).

Point6) With grounds to increase alimony? No?
- Reasons for increasing the amount of compensation": When there are malicious circumstances that require an increase in compensation, such as drunk driving, driving without a license, hit-and-run, or when there are other special circumstances that require an increase in compensation.
→ If applicable, the fee may be increased.

Knowing "what can go wrong" after an accident allows you to take appropriate action at an early stage.
Especially with regard to residual disability, percentage of fault, and compensation standards, consulting an attorney can make a big difference.
If you have any concerns, we recommend that you consult with a specialist as soon as possible.