A sharp increase in the number of traffic accidents in which the perpetrator is a foreigner! What you need to know to avoid “crying yourself to sleep” due to uninsured or fleeing from a car accident.

They don’t speak the language,” “they don’t have insurance,” and so on. What would you do if you were involved in an accident with such a foreign driver?

With the recovery of inbound travel and the increase in the number of foreign residents in Japan, the number of traffic accidents involving foreigners is rapidly increasing. In 2012, there were 7,286 accidents involving foreign drivers in Japan. One of the serious social problems is that victims are forced to “cry themselves to sleep” because the perpetrators have fled to their home countries or are uninsured and unable to pay.

In order to be prepared for such an eventuality, it is important to remember how to protect oneself and one’s assets. Of course, these are “last resort” remedies, and not all damages will be covered, but knowing them will make a big difference in your life afterwards.

Fugitive, uninsured, language barrier… “Three types of despair” that victims of accidents involving foreigners fall into.

Japanese law applies to traffic accidents involving foreign nationals as long as the accident occurred in Japan (Article 17 of the Act on General Rules for Application of Laws). If the victim suffers damages in the accident, he/she can claim compensation from the perpetrator. However, many victims end up crying themselves to sleep without receiving adequate compensation. There are the following reasons for this.

1 ___. Perpetrator flees or returns home

If the perpetrator is a foreigner, there is a risk that he/she will return to Japan and cannot be contacted. Once they return home, it will be difficult to negotiate a settlement or claim damages.

2___. Uninsured

There are cases of drivers who do not have voluntary insurance and drive without insurance. Even if a claim for damages is approved by the court, if the offender does not have the ability to pay, he or she will not receive adequate compensation.

3___. Language barrier

If the assailant does not understand Japanese, it is difficult to confirm his/her identity and to seek compensation for damages. If the assailant does not have voluntary insurance and the victim has to negotiate directly with the assailant, the burden on the victim is great.

Don’t give up even if the other party is “uninsured”! Seven Remedies” to Secure Compensation

The assailant is a foreigner who does not have voluntary insurance, and it is difficult to receive compensation from him or her. Even in such a case, you may be able to receive compensation in the following ways. It is also important to consult a lawyer or insurance company as soon as possible, rather than trying to manage the situation on your own.

1___. Seek compensation from the insurance company of the liability insurance that the assailant has purchased (victim’s claim).

In Japan, all automobiles are required to carry liability insurance. If the assailant has liability insurance, the victim can file a claim for compensation directly with the liability insurance company. This is called a “victim’s claim. Since the other party’s liability insurance company serves as the point of contact for negotiations, it is more likely that the victim will receive compensation more smoothly than if the victim negotiates directly with the assailant himself/herself.

However, liability insurance coverage is limited to bodily injury (death, permanent disability, injuries) and does not cover property damage (vehicle repair costs, etc.). In addition, it is a relief system that provides minimum compensation to victims of traffic accidents, and the maximum amount of compensation paid is less than that of general voluntary insurance. Therefore, there is a possibility that CALI alone does not provide sufficient compensation.

The maximum amount of payment for compensation for damages by CALI and Mutual Aid Insurance (per one victim)

• Damages due to death: …… up to 30 million yen
• Damages due to residual disability…… maximum of 40 million yen to 750,000 yen (depending on the grade of residual disability)
• Damages due to injury …… up to 1,200,000 yen

2___. Receive insurance benefits from your own insurance policy

If you (the victim) have automobile insurance (voluntary insurance), you may be able to receive insurance benefits from the following types of insurance.

In addition to voluntary insurance, if the victim himself/herself has life insurance, medical insurance, or accident insurance, he/she may be able to receive insurance benefits from such insurance. Even if you are not sure whether you will receive insurance benefits, first contact your insurance company or insurance agent for instructions.

3___. Claim compensation from the government security services

If you are unable to receive compensation for damages because the driver does not have liability insurance or the driver is unknown, the Japanese government provides a remedy to compensate for damages equivalent to liability insurance. This is called the “Government Security Program (Automobile Liability Insurance Program).

The coverage is the same as CALI for “bodily injury caused by an automobile accident. The payment of compensation for damages (compensation for loss) is also made in accordance with the payment standards of liability insurance. However, if the victim is eligible for benefits from social insurance such as health insurance or workers’ compensation insurance, or if the victim is eligible for compensation from his/her own voluntary insurance, the amount of such benefits will be deducted, and the victim cannot receive duplicate compensation. Compensation from the Government Security Program is intended only as a last resort in cases where compensation cannot be received from other sources.

Claims to the Government Security Program should be made to the non-life insurance company (mutual aid association) that handles the liability insurance. There are no rules regarding which non-life insurance company (mutual aid association) to file a claim with, so unless you have a specific request, you should contact the non-life insurance company (mutual aid association) with which you have a contract. Note that insurance agents do not accept claims.

4__. Claiming damages from the owner of the car that the assailant was driving (driver’s liability)

If the assailant was driving a car borrowed from someone else and caused an accident, he/she can claim damages against the owner of the car. This is called “operator’s liability” (Article 3 of the Automobile Liability Act).

A person who has the authority to control the operation of a vehicle (i.e., operational control), such as allowing a person to drive or rent a vehicle, and who makes a profit (i.e., operational profit) from the operation of the vehicle (i.e., operational supplier) is liable for damages if the operation causes damage to the life or body of another person.

The term “profit” does not depend on whether or not there is actual profit, such as compensation, and even when a person voluntarily lends a car to a friend or other person, it is recognized as an operating profit. Specifically, the following persons are considered to have an operating interest.

• A person who lends his/her car to another person.
• A person who has his/her car driven by a driver’s agent
• Owners of stolen vehicles
• Owners of rental or loaner cars
• Companies that own buses, cabs, and company cars

*Owners of stolen vehicles are not usually held liable for the operation of their vehicles. However, they may be held liable for operator liability if they are found to be negligent in such a way that the vehicle could have been stolen, such as leaving the scene with the keys in the ignition.

5__. Claiming damages from the assailant’s employer (employer liability)

If the offender caused a traffic accident while at work, there is a possibility of claiming damages against the offender’s employer. This is called “employer’s liability” (Civil Code Article 715).

If the employer allows personal use of a company car, there is a possibility that the employer’s liability (or the operator’s liability) can be held even if the accident occurred outside of work hours. If the employer consents to the use of a personal car for commuting or work, the employee may also be able to hold the employer liable for accidents that occur while the employee is commuting or working in the personal car.

If you are in a position to talk to the perpetrator, you should also check with his/her place of employment.

6___. Receive benefits from workers’ compensation insurance (if the accident occurred while the victim was at work or commuting)

If the victim is a worker covered by workers’ accident compensation insurance (company employee, civil servant, part-time worker, etc.) and is involved in an accident while working or commuting, he/she may be entitled to receive compensation from workers’ accident compensation insurance as a work-related or commuting disaster.

If the accident is certified as a work-related or commuting disaster, medical treatment expenses (medical treatment (compensation) benefits) and off-work (compensation) benefits) will be paid, and in the case of death, a pension or lump-sum payment (survivors (compensation) benefits) will be paid to the bereaved family.

When using workers’ compensation insurance, it is necessary to submit a “notification of injury or illness caused by a third-party act” in order for the government to reimburse the amount equivalent to the benefits to the offender.

7_Traffic accident victims Support System for Traffic Accident Victims

The Japanese government has established a support system for victims who have suffered a brain injury and have been left with a severe permanent disability, a support system for children who have lost a parent in a traffic accident, and a free consultation and support system for traffic accident victims. Depending on the situation, these support systems should also be utilized.

Easy settlements” are an absolute no-no!

When you are involved in an accident, it is important to keep the following points in mind and deal with the situation calmly.

1___. Always report the accident to the police.

When a traffic accident occurs, it is essential to report it to the police. Failure to do so will result in the issuance of a “Traffic Accident Certificate,” which certifies that the accident occurred. Without the Traffic Accident Certificate, insurance claims cannot be filed and may cause problems later. After the injured person is rescued and the safety of the surrounding area is secured, call 110 immediately.

2_Get information on the assailant 2_Get information on the assailant

The police will confirm the assailant’s information, but you should also check and understand the following information yourself.

• Name
• Contact information
• Insurance status (whether or not he/she has insurance, name of the insurance company and certificate number of liability insurance and voluntary insurance)
• Workplace and contact information of the employer (if employed in Japan)
• Registration number of the vehicle involved

3___. Secure and preserve evidence

It is important to preserve objective evidence of the accident when making a claim for damages or insurance coverage. Take photographs of the accident scene and damaged areas of the car, and ask for contact information for any witnesses. If you have a drive recorder, it is important to immediately remove the SD card and save the data on a PC or other device to prevent the data from being overwritten.

4_ Never settle out of court. Don’t do it.

If you are offered a settlement, do not accept it easily. It is also not acceptable to offer it to them. Even if you make a verbal promise or write a memorandum, if the offender does not have the ability to pay, the promise will not be kept, and the offender may escape.

You can avoid crying yourself to sleep!　A “special agreement for lawyers” and “correct knowledge” will save you.

For those who do not drive, “personal accident insurance,” which covers death or injury in an accident, is a good way to prepare. In addition, a “special clause for attorney’s fees” is surprisingly important here.

This rider can be attached not only to automobile insurance but also to fire insurance and personal accident insurance. Even if the special clause for attorney’s fees is attached to a policy other than automobile insurance, it will cover attorney’s fees and legal consultation fees for claims for damages from a traffic accident. Even if the injured party is a foreigner and does not speak your language, there is nothing more reassuring than having a professional lawyer who can negotiate with you.

The biggest reason why victims end up crying themselves to sleep is because they do not know what to do. What options are available to them when they become a victim? Knowing what to do is the best way to protect yourself from trouble.