• I want to consult about a traffic accident in Yaizu, Makinohara, Yoshida-cho, Omaezaki, or Fujieda
• I want to know the amount I can claim from the other party when personal injury protection insurance was used first
• I want to know whether the offer from the other party's insurance company after using personal injury protection insurance first is appropriate

Are you troubled by issues like these in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or surrounding areas?
Yaizu Sogo Law Office offers a free initial legal consultation regarding traffic accident concerns. There is no obligation to retain our services after the initial consultation. We are also available on weekday evenings and Saturdays. Please feel free to contact us by phone or email.

1 What Is Personal Injury Protection Insurance?

Personal injury protection insurance is an insurance policy (or rider) under which a victim who has suffered bodily injury in a sudden and accidental external accident arising from the operation of a motor vehicle in Japan may receive, from the insurer with whom the victim has entered into an insurance contract, insurance benefits equivalent to the amount of damages calculated based on the damage assessment standards prescribed in the policy terms, regardless of whether the tortfeasor bears liability for damages (i.e., regardless of whether the tortfeasor was at fault or the degree of such fault).

Features of Personal Injury Protection Insurance (Very Advantageous for Victims)

• Full compensation regardless of the fault ratio
• Lost wages, consolation money, lost future earnings, etc. are calculated using independent standards
• Prompt compensation even if the other party's insurance company is slow to respond
• Because its purpose is to protect victims, it is legally treated as "separate from the tortfeasor's compensation"

Personal injury protection is "your own insurance," so benefits are paid separately from the tortfeasor's insurance.

2 Amount Claimable from the Other Party When Personal Injury Protection Insurance Is Used First

When personal injury protection insurance attached to your own voluntary automobile insurance is used prior to making a claim for damages against the other party, based on the nature of personal injury protection insurance explained in Section 1, the insurance benefits received from your own insurer are first applied to your own fault portion.

For example, if your personal injury damages amount to 1,000,000 yen and your fault accounts for 30%, in principle 300,000 yen of the 1,000,000 yen would be your responsibility. However, if 300,000 yen in insurance benefits has already been paid from your personal injury protection insurance, those benefits are first applied to your 30% share (300,000 yen). You can then claim 700,000 yen from the other party.

In other words, by using your personal injury protection insurance, you can receive full compensation for the entirety of your damages (1,000,000 yen).

However, some tortfeasor-side insurance companies treat the insurance benefits paid from personal injury protection insurance as if they were payments already made by the tortfeasor's side, and demand that such amounts be deducted from the 700,000 yen that the tortfeasor should pay. This is erroneous, as it conflates the insurance benefits from personal injury protection insurance with the compulsory automobile liability insurance (CALI) benefits paid to the victim by the tortfeasor's insurer.

There are various other complicated legal aspects regarding the treatment of personal injury protection insurance, so please consult an attorney for details.

Key Point: Personal Injury Protection Benefits Are First Applied to "Your Fault Portion"

• Compensation is provided regardless of how large your fault ratio is
• Personal injury protection covers "your fault portion"
• The remaining "other party's share" can be claimed from them in full

Through this mechanism, a major advantage is that the victim may effectively receive full compensation.

"Incorrect Claims" Frequently Made by the Other Party's Insurance Company

Regarding the amount paid from personal injury protection insurance,

"This is treated as a prior payment from the other party's side, so we will deduct it from the claim amount."

There are cases where they explain it this way.

However, this is clearly erroneous.

Personal injury protection benefits are insurance benefits based on your own contract, and from the tortfeasor's perspective, it is merely "a third party having paid money to you."

Therefore, the amount the other party should pay (their fault portion) is not reduced.

Court precedents have also consistently held that "payments from personal injury protection insurance are applied to the victim's fault portion and do not reduce the tortfeasor's liability for damages."

Summary of Key Points

• Personal injury protection is insurance that first covers "your fault portion"
• The amount claimable from the other party does not change (is not reduced)
• The explanations provided by the tortfeasor-side insurance company are often incorrect

If you are unsure, be sure to consult a specialist.

3 In Closing

Personal injury protection insurance is an excellent system designed to ensure that victims are not left struggling with medical expenses and lost wages.

However, in practice, insurance companies often fail to explain the system correctly, which can lead to disputes and settlement amounts that are "lower than they should be."

The relationship between personal injury protection insurance and claims against the other party is complex, and proper knowledge and strategy are essential. Consultation before settlement is the most important step, so please consult with us at your earliest convenience.

Frequently Asked Questions

The Initial Legal Consultation for Traffic Accidents at Yaizu Sogo Law Office Is Free of Charge

Yaizu Sogo Law Office provides a free initial legal consultation regarding traffic accidents.

We handle all traffic accident-related legal matters, regardless of severity or whether they involve property damage or personal injury. If you are feeling stressed by dealings with insurance companies, or if you want to know whether the amount offered by your insurance company is fair, please do not hesitate to consult with us.

Yaizu Sogo Law Office is available not only during regular weekday hours but also on weekday evenings and Saturdays. Please contact us by phone or email to schedule a legal consultation.

Are You Troubled by a Traffic Accident?

• Settlement Offers from Insurance Companies Are Almost Always Low
• The Insurance Company Said They Would Cut Off My Medical Expenses
• Dissatisfied with the Fault Ratio
• When and How to Consult a Lawyer About a Traffic Accident
• What Claims Can Be Made in a Personal Injury Accident?
• What Claims Can Be Made in a Property Damage Accident?
• What You Need to Know About Whiplash
• Traffic Accidents and Health Insurance
• Procedures and Steps to Follow After a Traffic Accident
• Fault Proportions Between a Through-Going Vehicle and a Right-Turning Vehicle at an Intersection
• Diminished Value (Loss of Market Value)
• Amount Claimable from the Other Party When Personal Injury Protection Insurance Was Used Prior to the Claim for Damages Against the Other Party
• Free legal consultation is available for traffic accidents
• Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
• Lost Wages for Salaried Employees (Wage Earners) in Traffic Accidents
• Understanding a Company's Losses When Employees Are Killed or Injured in a Traffic Accident
• Finding the Court with Jurisdiction over Traffic Accident Lawsuits
• Want to Know Whether You Can Offset the Other Party's Damages Against Your Own in the Same Traffic Accident
• The at-fault party refuses to use their voluntary automobile insurance. What should I do?
• I was seriously injured in a traffic accident in June 2017, before the enforcement of the amended Civil Code (April 1, 2020). Three years have passed (but less than five years) since I completed my treatment. Is the statute of limitations still valid?
• How to Identify a Hit-and-Run Driver from a Vehicle License Plate Number
• Methods of Dispute Resolution in Traffic Accidents
• What You Need to Know About Medical Commuting Transportation Expenses
• How to Find the Insurance Company of the At-Fault Driver in a Traffic Accident
• Understanding Workers' Compensation Insurance in Traffic Accidents (Leave Compensation)
• How Much Is the Standard Compensation for a Traffic Accident?
• What Is Residual Disability Grade Certification in Traffic Accidents?
• How Much Compensation Can You Get for Whiplash from a Traffic Accident?
• Benefits of Hiring a Lawyer for Traffic Accidents
• Key Points When Dealing with Insurance Companies After a Traffic Accident
• How to Calculate Lost Income from a Traffic Accident
• The Relationship Between Number of Hospital Visits and Compensation for Pain and Suffering in Traffic Accidents (Key Considerations When Visit Frequency Is Low)
• What Is Maximum Medical Improvement (MMI) After a Traffic Accident?
• How to Use Lawyer Fee Special Coverage for Traffic Accidents?
• How to Handle a Traffic Accident When the At-Fault Driver Has No Insurance
• Damages in Bicycle Accidents
• Claiming Compensation When a Passenger Is Injured in a Traffic Accident
• Do You Have to Pay a Traffic Fine for a Burned-Out Brake Light?
• "I Said I Would Pay the Full Repair Cost" in a Bicycle Accident
• If Repair Costs Exceed Your Car's Market Value After a Traffic Accident, Can You Still Recover the Full Amount?
• Can a Car Proceed if a Pedestrian Yields at a Crosswalk?
• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
• What Damages Can Be Claimed When a Family Member Dies in a Traffic Accident?

See all articles on traffic accidents