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Aomori City English Homepage Living Guide Traffic Accidents and Compensation Traffic Accidents Upon causing an accident If you cause a traffic accident, immediately stop your vehicle, rescue the injured person/people and take danger prevention measures on the road and notify the police. Notification to police: stop your vehicle at a safe place where it will not disturb the traffic and immediately notify police (Tel.: 110). If somebody is injured, call an ambulance.  On-site inspection: when the police arrive, have them confirm the site of the accident. Stay at the site until police arrive (except where there are any injured persons). If you do not obey this rule, you may loose your eligibility to receive insurance payments at a later date.  Mutual confirmation: tell the other party of the accident your address, name and contact number and receive the same information about them  Notify the insurance company: failure to notify this may void your eligibility to receive insurance payments. Insurance companies can give you advice to help you after an accident and negotiate on your behalf. It is advisable to have negotiations in this way.  Upon being the victim of a traffic accident If you are injured in a traffic accident, you are eligible for compensation from the automobile liability insurance and optional insurance contracted by the person who caused the accident. If you are hit in a traffic accident during work or while commuting, you are eligible for compensation from workers’ accident compensation insurance as well.  Mutual confirmation: confirm the address, name, telephone number, car number, etc. of the person who has caused the accident. Be sure to give 1 Aomori City English Homepage Living Guide them your name, address and telephone number as well.  Notification to police: immediately notify a nearby police station (Tel.: 110). This is a must to acquire an accident certificate, which you will need to seek damage from the person who caused the accident and their insurance company.  Go to a hospital and have a medical certificate prepared: you need your medical certificate to charge treatment expenses to the person who caused the accident and their insurance company. You are advised to have such a certificate prepared even if your injury is minor.  Preparation of employment certificate: if your injury disables you from working, contact your employer to have an employment certificate prepared. A certificate prepared by your employer is necessary, when you claim damage of absence from work to the person who caused the accident and their insurance company. Compulsory insurance (automobile liability insurance) In Japan every automobile owner is required by law to enter into an automobile liability insurance program. The entry is automatically made at the time of purchasing an automobile or undergoing a regular safety inspection. This type of insurance is applicable only when the insured automobile or motorbike causes death or injury to any third party while running. It compensates the damage incurred by the victim up to certain designated amounts. Such compensation can cover the minimum necessity but may not by sufficient in some cases that require huge sums of compensation. Automobile owners are advised to additionally enter into an optional insurance contract. Optional insurance Optional insurance covers such types of damage as are excluded from the compulsory insurance coverage, such as property damage (caused by accidents in which third persons’ belongings are damaged) and vehicle damage (theft of vehicles). They also cover those personal damage cases which are partly covered by the compulsory insurance but ultimately exceed the limits designated by the compulsory insurance. You can enter into optional insurance programs provided by private insurance companies. 2 Aomori City English Homepage Living Guide Compensation Compensation for death or injuries caused by traffic accidents is divided into 4 categories:  Medical treatment benefits  Temporary disability compensation benefits  ‘Consolation money’ (isharyō)  Indemnification for death or disability Compensation for temporary disability covers daytime needs 8:00am~5:00pm, and compensation for evening and night time is covered by consolation money. For instance, if you break your right arm, you cannot cook or take a bath and you are in pain. These discomforts are covered by consolation money. Psychological injuries arising from an accident are covered by consolation money. The method of calculation for consolation money varies, depending on whether the damage is covered by automobile third party liability insurance, voluntary insurance or guidelines of the Japanese Bar Association. If there is no improvement in your pain or physical restrictions arising from your injuries, even though you are continuing to receive treatment, then a judgement will be made according to a scale of permanent disability. There are two types of compensation for permanent disability: one compensates for lost benefits (what will be lost in the future due to the after-effect) and the other for the disability itself. Compulsory insurance (automobile liability insurance) The upper limit of compensation for medical and other fees during the treatment period is currently ¥1.2 million. If there is an after-effect besides the injury itself, insurance money is paid according to the degree of permanent disability. Basically no reduction of insurance benefits is made in this type of insurance, unless the victim themselves is found to have made a grave error. However, the maximum of ¥1.2 million in benefits during the period of medical treatment is inadequate, as medical costs can easily mount up to much more, and little is left to compensate for loss of income or for consolation money. If the victim suffers permanent disability, insurance money is paid according to 3 Aomori City English Homepage Living Guide the degree of disability. Optional insurance There is a ceiling on compensation, depending on the insurance policy the other party holds. Guidelines of the Japanese Bar Association The Japanese Bar Association issues guidelines for damages in civil suits. Who is to blame? The concept of relative blame is used to determine the percentage of responsibility each party bears for accident, and thereby set how much, if any, compensation is due. 4

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