• I want to consult about a traffic accident in the Yaizu, Makinohara, Yoshida Town, Omaezaki, and Fujieda area.
• I want to know what methods are available for resolving traffic accidents.
• I want to understand the differences between settlement negotiations, litigation, and mediation by the Traffic Accident Dispute Resolution Center.

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.

Methods of Dispute Resolution in Traffic Accidents

When the injured party completes their medical treatment, the amount of compensation is typically determined at that point (at the end of treatment).

After the compensation amount is determined, the injured party will pursue a claim for damages against the at-fault party or their insurance company. The following methods of resolution are available:

• (1) Settlement negotiations with the at-fault party or their insurance company
• (2) Litigation
• (3) Mediation procedures through the Traffic Accident Dispute Resolution Center
• (4) Other methods

The key point is that "the choice of procedure significantly affects both the compensation amount and the effort required." Particularly in accidents with many disputed issues, litigation generally produces better results than settlement.

(1) Settlement Negotiations

If the at-fault party has voluntary automobile insurance, the at-fault party's insurance company will present a settlement proposal to the injured party after treatment ends.

As explained in the article "Settlement Proposals from Insurance Companies Are Almost Always Low," these settlement proposals are typically unreasonably low.

The basic approach is for the injured party to conduct settlement negotiations—either directly or through an attorney as their representative—seeking legally appropriate compensation.

While it is possible for the injured party to increase the compensation amount through direct negotiation, when an attorney conducts the negotiations, they negotiate with litigation in mind, and the insurance company understands this. Therefore, the increase in compensation is typically greater when an attorney handles the negotiations, which is one of the main advantages of retaining legal counsel.

If the at-fault party does not have voluntary automobile insurance, recovering damages from them becomes significantly more difficult.

Since the at-fault party themselves typically lacks knowledge about traffic accident compensation, settlement negotiations are not straightforward. In such cases, rather than trying to resolve the matter on your own, it is advisable to consult with and retain an attorney who is a specialist in this field.

When an attorney accepts a case like this, they will attempt settlement negotiations, but will typically explain to the client in advance that litigation is highly likely.

In summary, settlement is the most common method, but because the amount offered is based on the insurance company's own standards, it is almost always significantly lower than the court-determined standard.

Moreover, when an attorney enters settlement negotiations, the insurance company understands the "possibility of litigation," and in many cases the amount is significantly improved.

There are numerous cases where "the injured party negotiates directly and ends up at a disadvantage." We strongly recommend that you seek advice before accepting any proposed amount.

(2) Litigation

When settlement negotiations with the at-fault party or their insurance company break down, filing a lawsuit is the standard method of resolution, and our firm generally takes this approach.

In litigation, both sides present their arguments and counterarguments, and the court renders a judgment. However, disputes do not always end with a judgment.

Rather, in most cases, after the court has gained a sufficient understanding of both parties' arguments and evidence, it prepares a compensation proposal and explores whether the dispute can be resolved through a settlement conference (essentially a continuation of settlement negotiations).

If the settlement conference also results in a breakdown between the injured party and the at-fault party, the case will proceed to judgment. However, except in cases with highly complex disputed issues, most cases are resolved through settlement.

Generally, the compensation amount in a court settlement is more favorable to the injured party than in out-of-court settlement negotiations, so pursuing litigation is advantageous from a financial standpoint.

On the other hand, the disadvantages of litigation include the time required and the complexity of procedures. However, if you retain an attorney, most of the work can be delegated to them. Therefore, unless you prioritize an early resolution above all else, considering litigation is likely to lead to a more financially satisfactory outcome.

While you can file a lawsuit on your own, specialized knowledge and experience are required, so you should retain an attorney.

In summary, in litigation, because the court provides benchmarks for compensation amounts, the amounts tend to be higher than in settlement.

While there is the disadvantage of longer resolution times for the injured party, litigation often results in the most financially favorable outcome.

Moreover, in litigation, specialized knowledge in areas such as "the existence of residual disability," "the percentage of fault," and "accurate calculation of damage items" directly affects the outcome, making it essential to retain an attorney.

(3) Using the Traffic Accident Dispute Resolution Center

In Shizuoka Prefecture, there is an organization called the Traffic Accident Dispute Resolution Center (Shizuoka Consultation Office).

The Center is an organization that resolves disputes free of charge from a fair and neutral standpoint when resolution through settlement negotiations cannot be achieved.

Specifically, at the Center, a neutral attorney (a member of the Center) conducts meetings between the traffic accident victim and the at-fault party (or the at-fault party's insurance company representative) and facilitates mediation for settlement.

If mediation at the Center fails to produce an agreement between the parties, the Center can also issue an "adjudication" determining the compensation amount.

Although the Center's settlement proposals and adjudications are not identical to the court-determined litigation standards, they are set at a level that takes those standards into account. Therefore, there is a possibility of receiving a more favorable determination than if the injured party conducts settlement negotiations on their own as described in (1) above.

Additionally, because resolution typically takes fewer days than litigation, an earlier resolution can be expected.

There is no cost to use the Center, so for those who do not wish to incur the expense of retaining an attorney, using the Center is certainly a viable option.

For reference, the contact information for the Center's Shizuoka Consultation Office is provided below (please refer to the Center's website for details on how to use it).

Traffic Accident Dispute Resolution Center - Shizuoka Consultation Office

420-0851
11-7 Kurogane-cho, Aoi-ku, Shizuoka City, Taiju Seimei Shizuoka Ekimae Building, 4th Floor
Phone: 054-255-5528
FAX: 054-255-5529
Website: https://www.jcstad.or.jp/

In summary, the Dispute Resolution Center offers the significant advantage of "free mediation by experts." It is extremely useful for those who do not wish to incur costs.

However, when the injured party handles the process on their own, there is a possibility that sufficient arguments cannot be made in cases involving detailed disputed issues or residual disability.

Whether the Center can be used depends on the specifics of the accident, so we recommend consulting with an attorney beforehand.

(4) Other Methods

Other options include civil mediation at summary courts and the Japan Federation of Bar Associations Traffic Accident Dispute Resolution Mediation Center. While civil mediation has the advantage of allowing flexible discussions, in highly specialized traffic accident cases, organizing the issues can be difficult. Therefore, you should generally consider options (1) through (3) above.

In any case, the most important thing is to determine "which procedure is appropriate for your accident." A wrong choice can lead to significant losses.

Summary

The above are the methods of dispute resolution in traffic accidents.

Settlement, the Dispute Resolution Center, and litigation each have different characteristics and must be used according to the circumstances. The optimal method should be selected based on the injured party's situation, but it is important to consult with an attorney as early as possible before the problem becomes more complex.

Yaizu General Law Office places great importance on "initial assessment for choosing the most advantageous resolution method," and we provide guidance on the selection of procedures during free consultations.

Our office offers a free initial legal consultation, so please do not struggle alone—consult with an attorney first.

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