• I want to consult about a traffic accident in the Yaizu, Makinohara, Yoshida, Omaezaki, and Fujieda areas
• I want to know how the statute of limitations for traffic accident damage claims has changed under the amended Civil Code
• I want to know the period during which I can claim damages (personal injury) against the at-fault party in a traffic accident

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.

Under the amended Civil Code, the statute of limitations for tort-based damage claims is, in principle, 3 years from the time the injured party becomes aware of the damage and the identity of the tortfeasor (Article 724, Item 1 of the Civil Code), and 20 years from the time of the tort (Article 724, Item 2 of the Civil Code). Claims for property damage (such as repair costs) must be filed within this period. This is the same as under the former law.

However, the extinctive prescription period for claims for damages arising from infringement of a person's life or body has been changed from 3 years to 5 years (Article 724-2 of the Civil Code).

Furthermore, Article 35, Paragraph 2 of the Supplementary Provisions of the amended Civil Code provides: "The provisions of Article 724-2 of the new law shall not apply where the prescription under the first sentence of Article 724 of the former law regarding the right to claim damages based on tort had already been completed at the time of enforcement of this law." Therefore, as in the case described in the question, where the 3-year prescription period had not yet elapsed as of April 1, 2020, Article 724-2 of the new Civil Code applies to the right to claim damages for personal injury, and the prescription period automatically becomes 5 years.

Accordingly, in the questioner's case, since less than 5 years had passed from the completion of treatment at the time of the inquiry, the statute of limitations has not expired.

In summary, this case follows the timeline below.

2017 accident -> treatment completed -> less than 3 years as of April 1, 2020

• -> At this point, the statute of limitations under the former law had not been completed
• -> The new law (5 years) applies
• -> Result: The statute of limitations does not expire until 5 years from the completion of treatment

Since the "longer" period between the former law's 3 years and the new law's 5 years is automatically applied, accidents from 2017 to 2019 are advantageous for the victim.

Practical Points for Deeper Understanding

(1) The starting point of the statute of limitations is "based on the date of treatment completion"

Many people mistakenly believe that the statute of limitations begins from the date of the accident, but for personal injury, the countdown starts from the completion of treatment, i.e., the date of symptom stabilization.

(2) The longer the treatment, the later the statute of limitations

Example: 2017 accident -> symptom stabilization in October 2019 -> statute of limitations runs 5 years from October 2019

There is a significant difference between "someone whose treatment ended shortly after the accident" and "someone who underwent long-term treatment."

(3) When a residual disability application has been filed

The statute of limitations does not start running from the date of the disability rating notification (the starting point is the date of symptom stabilization).

However, items such as lost earnings based on the residual disability grade can be claimed from the date of symptom stabilization.

(4) Property damage remains at "3 years" - caution required

Since it is easily confused with the 5-year period for personal injury, special attention is needed for property damage (vehicle/property repair costs, replacement costs).

Common Misconceptions in Practice

Misconception (1): "The statute of limitations expires 3 years after the accident"

-> For personal injury, the countdown begins from the completion of treatment (symptom stabilization). This is a very common misconception.

Misconception (2): "The statute of limitations is suspended while negotiating with the insurance company"

-> It is not suspended. To stop the statute of limitations, "interruption (renewal)" procedures are required.

Misconception (3): "The statute of limitations does not run because the at-fault party has fled"

-> The attitude of the at-fault party is irrelevant. The statute of limitations continues to run steadily.

Misconception (4): "The statute of limitations is stopped by sending a content-certified mail"

-> Simply sending a content-certified mail does not completely stop the statute of limitations.

The methods that can interrupt (renew) the statute of limitations are:

• Filing a lawsuit
• Filing for mediation
• Filing a demand for payment
• Agreement to renew the statute of limitations

Only methods prescribed by law are available.

How to Respond When the Statute of Limitations Is Approaching

The top priority is the "renewal (interruption) of the statute of limitations" procedure

As stated above, simply sending a content-certified mail does not stop the statute of limitations.

It is necessary to take measures such as filing a lawsuit, applying for mediation, utilizing the demand for payment procedure, or entering into an agreement for suspension or renewal of the statute of limitations.

Insurance companies do not "manage the statute of limitations for you"

There are actual cases where "the statute of limitations expired during prolonged negotiations," so please be very careful.

Summary

As described above, special attention is needed regarding the statute of limitations for personal injury damage claims where the prescription period had not yet elapsed before April 1, 2020, the date of enforcement of the amended Civil Code, as this is an area prone to errors.

Accidents occurring between 2017 and 2020 are the most confusing due to the overlap between the former law's 3-year period and the new law's 5-year period, and there are cases where people "give up their claims believing the statute of limitations has expired when it actually has not." If you have any concerns, please consult with us as soon as possible.

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.

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