Finding the Court with Jurisdiction over Traffic Accident Lawsuits
Traffic Accidents
- Yaizu & Makinohara Attorneys Top
- Traffic Accidents
- Finding the Court with Jurisdiction over Traffic Accident Lawsuits
- I want to consult about a traffic accident in the Yaizu, Makinohara, Yoshida Town, Omaezaki, or Fujieda area
- I am not satisfied with the fault ratio proposed by the insurance company and want to file a lawsuit
- I want to know which court has jurisdiction over traffic accident cases
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.
Which Court Handles Traffic Accident Trials?
After treatment for injuries sustained in a traffic accident and vehicle repairs are completed, the other party's insurance company will typically present a settlement proposal. In most cases, the proposed terms—such as the fault ratio—are unsatisfactory. If negotiations with the insurance company fail to produce acceptable results, you may consider filing a lawsuit. However, many people do not even know which court to file the lawsuit with.
There are courts in various locations throughout Shizuoka Prefecture, but you cannot simply file at any court you choose. Each court handles cases within a designated area. This is called jurisdiction.
Below, we explain how court jurisdiction is determined for civil cases such as traffic accidents. In traffic accident cases, the choice of court can significantly affect travel burden, costs, and the ease with which witnesses can appear. Simply choosing the right court can make the proceedings run more smoothly and may even influence the outcome.
The Court Differs Depending on the Amount Claimed from the Other Party
In civil cases such as traffic accidents, the court is first determined by the amount claimed from the other party (the amount in controversy): the case goes to either a Summary Court or a District Court.
Specifically, if the amount in controversy is 1.4 million yen or less, the Summary Court has jurisdiction; if it exceeds 1.4 million yen, the District Court has jurisdiction.
In minor property-damage-only accidents, the amount claimed (repair costs, etc.) is usually 1.4 million yen or less, so lawsuits are most often filed in a Summary Court.
On the other hand, in personal injury accidents involving bodily harm, the amount tends to be much larger, so lawsuits are more frequently filed in a District Court.
However, even in property-damage-only cases, the total may exceed 1.4 million yen when depreciation losses, replacement costs, rental car expenses, and other items are included. If you choose the wrong court—Summary Court or District Court—you may have to start the lawsuit over. By consulting an attorney in advance, you can accurately select the most advantageous court.
You Can Freely Choose from Three Jurisdictions (Locations) for Traffic Accident Lawsuits
After distinguishing between the Summary Court and the District Court based on the amount in controversy, you may freely choose the actual court for filing from among the following three options, selecting whichever is most convenient for you:
- ① Your place of residence
- ② The other party's place of residence
- ③ The location of the accident
For example, suppose you live in ① Yoshida Town and were involved in a traffic accident with the other party (the at-fault driver) who lives in ② Chiba City. The accident occurred in ③ Yokohama City. You suffered injuries and incurred damages of 1.5 million yen.
In this case, since the damages amount to 1.5 million yen, exceeding 1.4 million yen, the lawsuit would be filed in a District Court.
Furthermore, the courts where you may file are: ① Shizuoka District Court (which has jurisdiction over your place of residence), ② Chiba District Court (which has jurisdiction over the other party's place of residence), and ③ Yokohama District Court (which has jurisdiction over the accident location). You are free to choose any of these three courts.
Having three options allows the victim to choose the court that imposes the least burden. For instance, even if the other party lives far away, you may be able to litigate at a court near your home. This is an extremely important point.
The choice of court is especially significant for elderly individuals, those with busy work schedules, and those who cannot travel long distances.
Court Jurisdiction for Residents Near Yaizu Comprehensive Law Office
Below is a summary of court information (addresses and phone numbers) for courts where residents near Yaizu Comprehensive Law Office frequently file lawsuits. Please use this as a reference.
Part 1 When the Amount in Controversy (Claimed Amount) Is 1.4 Million Yen or Less (Summary Court Jurisdiction)
1 When any of the following is located in Yaizu City, Makinohara City, Yoshida Town, Shimada City, or Fujieda City: your place of residence, the other party's place of residence, or the accident location
Shimada Summary Court
〒 427-0043
4-11-10 Nakamizo, Shimada City
Phone: 0547-37-3357
2 When any of the above is located in Omaezaki City
Please note that jurisdiction in Omaezaki City is divided by district as follows.
(1) The three districts of Omaezaki, Shirowa, and Minato in Omaezaki City
Shimada Summary Court
〒 427-0043
4-11-10 Nakamizo, Shimada City
Phone: 0547-37-3357
(2) Districts other than the three districts in (1)
Kakegawa Summary Court
〒 436-0028
2-16-1 Kamenoko, Kakegawa City
Phone: 0537-22-3036
3 When none of the above (your residence, the other party's residence, or the accident location) falls within the areas described in 1 or 2
Please refer to the Courts' website for further information:
https://www.courts.go.jp/saiban/tetuzuki/kankatu/index.html
Part 2 When the Amount in Controversy (Claimed Amount) Exceeds 1.4 Million Yen (District Court Jurisdiction)
1 When any of the following is located in Yaizu City, Makinohara City, Yoshida Town, Shimada City, or Fujieda City: your place of residence, the other party's place of residence, or the accident location
Shizuoka District Court (Main Office)
〒 420-8633
10-80 Otemacho, Aoi-ku, Shizuoka City
Phone: 054-252-6111 (Main)
2 When any of the above is located in Omaezaki City
Please note that jurisdiction in Omaezaki City is divided by district as follows.
(1) The three districts of Omaezaki, Shirowa, and Minato in Omaezaki City
Shizuoka District Court (Main Office)
〒 420-8633
10-80 Otemacho, Aoi-ku, Shizuoka City
Phone: 054-252-6111 (Main)
(2) Districts other than the three districts in (1)
Shizuoka District Court, Kakegawa Branch
〒 436-0028
2-16-1 Kamenoko, Kakegawa City
Phone: 0537-22-3036
3 When none of the above (your residence, the other party's residence, or the accident location) falls within the areas described in 1 or 2
Please refer to the Courts' website for further information:
https://www.courts.go.jp/saiban/tetuzuki/kankatu/index.html
Court jurisdiction is divided into very detailed categories, and as in the case of Omaezaki City, jurisdiction may differ depending on the district. We receive many inquiries from people wondering where to file, so please do not hesitate to contact us.
At our office, before filing a lawsuit, we consider the tendencies of different courts and work together with you to determine the most suitable court.
Frequently Asked Questions
Which court is most advantageous for a traffic accident trial?
You can choose from three options: the victim's place of residence, the other party's place of residence, or the accident location. It is important to choose the court that imposes the least burden.
How is the 1.4 million yen threshold determined?
It is determined comprehensively based on medical expenses, consolation money, disability damages, property damage, and other factors. Retaining an attorney allows for accurate calculation.
Can I file a lawsuit at a court near my home even if the at-fault party lives far away?
Yes. Since you can choose the court at the victim's place of residence from among the three jurisdictions, there is no problem even if the other party lives far away.
What happens if I file in the wrong court?
The case may be transferred to the correct court, causing delays in the proceedings. It is extremely important to choose the correct court from the outset.
What are the benefits of retaining an attorney?
An attorney can calculate the amount in controversy, select the most suitable court, prepare the complaint, gather evidence, and otherwise advance the entire lawsuit to your advantage.
Are online consultations available?
Yes. We receive consultations from across Shizuoka Prefecture, including Yaizu City, Makinohara City, Fujieda City, and beyond.
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.
Contact
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.
Reservation for Legal Consultation / Contact Us
Office
About Yaizu General Law Office
Yaizu Office
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- Address
- 〒425-0028
3-11-4 Ekikita, Yaizu City,
Shizuoka Prefecture
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- Phone
- 054-639-5573
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- Business Hours
- Mon-Fri 9:00 AM - 7:00 PM Sat 9:00 AM - 5:00 PM / Closed: Sundays & Holidays
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- Access
- 6-minute walk from Yaizu Station / Parking available
- Access
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- Service Area
- Yaizu, Makinohara, Fujieda, Shimada, Yoshida, and surrounding areas
Makinohara Office
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- Address
- 〒421-0422
Maison de Hautoku 1F, 140-4 Shizunami,
Makinohara City, Shizuoka Prefecture
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- Phone
- 0548-28-6710
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- Business Hours
- Mon-Fri 9:00 AM - 7:00 PM Sat 9:00 AM - 5:00 PM / Closed: Sundays & Holidays
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- Access
- 4-minute walk from Shizunami 1-chome (Bus Stop) / Parking available
- Access
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- Service Area
- Yaizu, Makinohara, Fujieda, Shimada, Yoshida, and surrounding areas
Flow
Free Legal Consultation Process
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Making a Reservation for Free Legal Consultation
Please make a reservation by phone or email. There is absolutely no obligation to retain our services after a free consultation. If you are in need of help, please feel free to come in for a consultation.
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Free Legal Consultation with an Attorney
An attorney will personally listen to the details of your situation. Bringing a memo or documents summarizing your issue will help the consultation go smoothly. If the matter is resolved through consultation alone, the process ends here.
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If You Wish to Retain an Attorney
During the consultation, we will also explain the fees and outlook should we take on your case. If you wish to proceed, you may retain us at that time. You are also welcome to take the information home and consider it before making a decision.
