• I want to consult about a traffic accident in the Yaizu, Makinohara, Yoshida, Omaezaki, and Fujieda area
• The at-fault party has voluntary insurance but refuses to use it
• I want to know how to file a claim with the at-fault party's voluntary insurance company

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.

Cases where the at-fault party refuses to use voluntary insurance are very common

Typical reasons why the at-fault party says they "do not want to use their insurance" include the following:

• Their insurance rating will drop (premiums will increase)
• They do not want to use their automobile insurance
• The vehicle is a company car, and they want to avoid being reprimanded by their employer
• They disagree with the circumstances of the accident and intend to contest it
• They are ignoring communications and evading responsibility

However, all of these are matters on the "at-fault party's side" and are irrelevant to the victim's right to claim compensation.

How to respond when the at-fault party refuses to use voluntary insurance

There are cases where the at-fault party, despite having voluntary insurance, refuses to use it because they do not want their insurance rating to drop or their premiums to increase.

However, even if the at-fault party says they "will not use it," the insurance company has an "obligation to accept accident reports."

In other words, if the victim provides the relevant information, the insurance company will begin handling the accident.

The at-fault party's personal wishes are irrelevant.

If, despite this, neither the at-fault party nor their insurance company responds, the victim can file a victim's claim with the Compulsory Automobile Liability Insurance (CALI) for personal injury claims (such as medical expenses). (For details on how to file a victim's claim with CALI, please refer to "How to File a Victim's Claim with CALI.")

Furthermore, for amounts exceeding the CALI coverage limit and for property damage (such as vehicle repair costs), the victim can file a direct claim with the at-fault party's voluntary insurance company.

Requirements for a direct claim against a voluntary insurance company

The requirements for this direct claim right are generally stipulated in the policy terms of each insurance company's voluntary insurance as follows:

However, since the requirements for the direct claim right include the determination of the amount of damages borne by the at-fault party, it can be quite difficult to exercise the direct claim right on your own when there is a dispute with the at-fault party over the degree of fault or the amount of damages.

If the at-fault party is refusing to use their voluntary insurance, you should consult a lawyer as soon as possible.

Terms

Article X (Direct Claim Right of Persons Entitled to Damages – Bodily Injury Liability)

(1) Where legal liability for damages arises on the part of the insured due to a bodily injury accident, the person entitled to damages may request payment of the amount of damages as defined in (3) from the Company, to the extent that the Company bears payment liability to the insured.
(2) The Company shall pay the amount of damages as defined in (3) to the person entitled to damages in any of the following cases.

Provided, however, that such payment shall be limited to the amount of insurance proceeds (Note) that the Company is obligated to pay to the insured in accordance with this Liability Coverage Section and the General Provisions.

(i) Where, with respect to the amount of legal liability for damages borne by the insured to the person entitled to damages, a judgment has become final and binding, or a judicial settlement or mediation has been reached between the insured and the person entitled to damages
(ii) Where, with respect to the amount of legal liability for damages borne by the insured to the person entitled to damages, a written agreement has been reached between the insured and the person entitled to damages
(iii) Where the person entitled to damages has given written consent to the insured that they will not exercise the right to claim damages against the insured
(iv) Where it has become clear that the amount of damages as defined in (3) exceeds the amount of insurance coverage stated in the insurance certificate (Note)
(v) Where any of the following grounds applies to all insured persons who are liable for legal damages:
a. Bankruptcy or unknown whereabouts of the insured or their legal heirs
b. Death of the insured with no legal heirs

(3) and subsequent provisions omitted

Article X (Direct Claim Right of Persons Entitled to Damages – Property Damage Liability)

(1) Where legal liability for damages arises on the part of the insured due to a property damage accident, the person entitled to damages may request payment of the amount of damages as defined in (3) from the Company, to the extent that the Company bears payment liability to the insured.
(2) The Company shall pay the amount of damages as defined in (3) to the person entitled to damages in any of the following cases.

Provided, however, that such payment shall be limited to the amount of insurance proceeds (Note) that the Company is obligated to pay to the insured per property damage accident in accordance with this Liability Coverage Section and the General Provisions.

(i) Where, with respect to the amount of legal liability for damages borne by the insured to the person entitled to damages, between the insured and the person entitled to damages, a judgment has become final and binding, or a judicial settlement or mediation has been reached
(ii) Where, with respect to the amount of legal liability for damages borne by the insured to the person entitled to damages, a written agreement has been reached between the insured and the person entitled to damages
(iii) Where the person entitled to damages has given written consent to the insured that they will not exercise the right to claim damages against the insured
(iv) Where any of the following grounds applies to all insured persons who are liable for legal damages:
a. Bankruptcy or unknown whereabouts of the insured or their legal heirs
b. Death of the insured with no legal heirs

(3) and subsequent provisions omitted

Situations where a direct claim is likely to be accepted

• The degree of fault is not heavily disputed
• The repair estimate amount is clearly established
• It has been confirmed that the other vehicle is covered by voluntary insurance

Points to note when filing a direct claim

When there is a dispute over the degree of fault or the amount of damages, the insurance company may respond that "the at-fault party's consent is required."

In such cases, the involvement of a lawyer often enables the claim process to proceed smoothly.

Points to note when the at-fault party refuses to use voluntary insurance

When the at-fault party says they will not use their voluntary insurance, the victim faces the following risks:

• Unable to contact the at-fault party, causing delays in medical expense payments
• Negotiations regarding the degree of fault stall
• The at-fault party suddenly changes their attitude and refuses to pay
• Recovery from the at-fault party personally becomes difficult in the end

These troubles can be avoided through early involvement of a lawyer.

Summary

If the at-fault party is refusing to use their voluntary insurance, you should consult a lawyer as soon as possible.

Regardless of whether the at-fault party uses their insurance, the victim has multiple options, including:

• (1) filing a victim's claim with CALI
• (2) filing a direct claim with the voluntary insurance company
• (3) filing a claim directly against the at-fault party

To ensure the victim does not suffer any disadvantage, we recommend seeking consultation at an early stage.

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?

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• 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
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• 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
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• How Much Is the Standard Compensation for a Traffic Accident?
• What Is Residual Disability Grade Certification in Traffic Accidents?
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• Benefits of Hiring a Lawyer for Traffic Accidents
• Key Points When Dealing with Insurance Companies After a Traffic Accident
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• 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?
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• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
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