Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
Traffic Accidents
- Yaizu & Makinohara Attorneys Top
- Traffic Accidents
- Filing a Victim's Claim with Compulsory Automobile Liability Insurance (CALI)
- Want to consult about a traffic accident in Yaizu, Makinohara, Yoshida, Omaezaki, or Fujieda
- What to do when the at-fault driver only carries CALI (no voluntary insurance)
- Want to know the documents required for a victim's claim under CALI
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.
What Is Compulsory Automobile Liability Insurance (CALI / Mutual Aid)?
Compulsory Automobile Liability Insurance (CALI / Mutual Aid) is an insurance system designed to secure basic personal injury compensation by supplementing the financial burden that the at-fault party should bear, from the perspective of rescuing traffic accident victims. It is mandatory for all motor vehicles, including mopeds, to carry this insurance.
Because CALI provides only "minimum coverage," the upper limits are clearly defined: up to 1.2 million yen for injuries, amounts based on disability grade for residual disabilities, and up to 30 million yen for death. Therefore, amounts exceeding 1.2 million yen must be claimed from the at-fault party personally or from their voluntary insurance (if any).
The key decision point is to first secure payment from CALI, then determine how to claim the shortfall.
What Is a Victim's Claim?
A victim's claim refers to the process in which the victim directly requests insurance benefits from the CALI insurer of the at-fault party.
Typical Cases Where a Victim's Claim Is Effective
- The at-fault party has no voluntary insurance
- The at-fault party's insurer is slow in responding
- Payment is stalled due to a dispute over the percentage of fault
- You have no personal injury protection insurance and are struggling with living expenses
- You want to receive hospitalization/outpatient treatment costs and lost income compensation promptly
By using a victim's claim, you can receive payment directly from CALI even if the at-fault party refuses to pay.
How to File a Victim's Claim
Confirm the CALI insurer of the at-fault party
In the case of a personal injury accident, as the accident is usually reported to the police, an accident certificate is issued containing the date/time and location of the accident, vehicle information, contact details of the parties, the CALI insurer, and the CALI certificate number. To file a victim's claim, first obtain this Traffic Accident Certificate from the Japan Safe Driving Center. Online applications are also available. (https://www.jsdc.or.jp/accident/tabid/119/Default.aspx)
If the accident was reported to the police, the CALI insurer can generally be identified from the Traffic Accident Certificate. If the at-fault party is uninsured (CALI expired), a claim must be filed with the Government's Guarantee Program. As this procedure is more complex, consulting an attorney is recommended.
Contact the CALI insurer listed below and obtain the document set required for a victim's claim.
By calling the CALI insurer, they will send the document set free of charge.
Some companies also offer downloadable forms on their websites.
(a) Tokio Marine & Nichido Fire Insurance Co., Ltd.
Phone: 06-6910-5479
(b) Mitsui Sumitomo Insurance Co., Ltd.
Phone: 03-3259-3560
(c) Aioi Nissay Dowa Insurance Co., Ltd.
Phone: 06-6232-5625
(d) Sompo Japan Insurance Inc.
Phone: 06-4704-2399
The document set obtained in step 2 includes instructions on the documents to prepare.
Please refer to those instructions for details, but the following documents are mainly required.
| ① Victim's seal registration certificate | Obtain from: Municipal office |
| ② Traffic Accident Certificate | Obtain from: Japan Safe Driving Center |
| ③ Certificate of residence or family register extract | Obtain from: Municipal office |
| ④ Copy of tax return | Obtain from: Tax office |
| ⑤ Death certificate or postmortem examination report | Obtain from: Hospital |
| ⑥ Unabridged family register (removed register) certified copy | Obtain from: Municipal office |
| ⑦ Payment request form and payment instruction form | Prepared by: Victim |
| ⑧ Accident situation report | Prepared by: Victim |
| ⑨ Medical certificate | Obtain from: Hospital |
| ⑩ Medical fee statement | Obtain from: Hospital, etc. |
| ⑪ Lost income certificate, employment certificate, etc. | Obtain from: Employer |
| ⑫ Transportation expense statement for hospital visits | Prepared by: Victim |
| ⑬ Power of attorney | Prepared by: Principal |
| ⑭ Attendant care self-certification | Prepared by: Attendant |
| ⑮ Residual disability medical certificate | Obtain from: Hospital |
Documents That Often Cause Delays in Preparation
- Accident situation report
- Lost income certificate
- Medical fee statement
- Transportation expense statement
Insufficient preparation of these documents may result in delayed or reduced payments.
If possible, it is advisable to have an attorney review the documents.
After collecting all the documents listed in step 3, submit the complete set of documents to the CALI insurer.
The process of a victim's claim is as described above. After submission, the review is usually completed within 1 to 2 months. However, in cases involving residual disability claims, it often takes 2 to 3 months.
During the review period, you may be asked to submit additional documents. This is usually for "confirmation purposes" rather than indicating deficiencies, so responding promptly will help the process go smoothly.
Payment Limits of CALI
The amounts claimable from CALI are as follows: up to 1.2 million yen for injury, 750,000 yen to 40 million yen for residual disabilities depending on the disability grade, and up to 30 million yen for death.
Important Notes on Payment Limits
- The 1.2 million yen limit covers "the total of medical expenses, lost income, and consolation money"
- Amounts exceeding 1.2 million yen must be claimed from the at-fault party's voluntary insurer or the at-fault party personally
- If a residual disability is recognized, additional claims can be made under a separate category
Especially in cases of whiplash with frequent hospital visits, the 1.2 million yen limit tends to be exceeded, making early calculation important.
Troubles That Are Very Common in Practice
The following troubles are frequently reported in consultations.
- The review was suspended due to incomplete documentation
- The at-fault party was uninsured (CALI expired)
- The other party's insurer ignores communications
- Exceeded the 1.2 million yen limit and unsure where to file further claims
- Do not know how to apply for residual disability certification
Such troubles can often be resolved smoothly with the involvement of a specialist.
A victim's claim under CALI is an extremely useful system that allows you to receive compensation promptly, even when the at-fault party's insurer is uncooperative.
However, the required documents are numerous, and if the descriptions are insufficient, payment may be delayed or reduced.
If you have any concerns, please consult an attorney as early as possible.
Frequently Asked Questions
The at-fault driver does not carry voluntary insurance. What should I do?
You can file a victim's claim with CALI. You can promptly recover up to 1.2 million yen.
There are too many required documents for CALI and I cannot prepare them.
Payment delays due to errors in the documents are common. We recommend consulting an attorney.
What happens to the amount exceeding 1.2 million yen?
You claim from the at-fault party's voluntary insurer or from the at-fault party personally.
Is the residual disability application also filed through CALI?
Yes. The content of the residual disability medical certificate is critically important.
Can I still receive compensation if the at-fault party is completely uninsured?
Compensation is available through the Government's Guarantee Program (separate procedures required).
The insurance company will not process my claim. What should I do?
With a victim's claim, you can file directly with CALI yourself. An attorney can also handle this on your behalf.
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.
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If you are facing issues with traffic accidents, debt restructuring, or inheritance:You can consult a lawyer for free
At Yaizu General Law Office, free legal consultations are available for those facing traffic accidents, debt restructuring, or inheritance issues. There is no obligation to retain our services after a free consultation. For other areas of law, consultations are available at 5,500 yen (tax included) per 30 minutes. Please do not hesitate to contact us if you need assistance.
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