How Much Is the Standard Compensation for a Traffic Accident?
Traffic Accidents
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- How Much Is the Standard Compensation for a Traffic Accident?
- Want to consult about a traffic accident in the Yaizu, Yoshida, Makinohara, Fujieda, or Omaezaki area
- Want to know how much compensation (consolation money) can be received for a traffic accident
- Unsure whether the compensation offered by the insurance company is fair
- Want to know if it is true that hiring a lawyer can increase compensation
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 Compensation for a Traffic Accident?
If you are involved in a traffic accident, the victim can claim various types of damages from the at-fault party.
For example:
- Medical expenses
- Transportation costs for hospital visits
- Lost wages
- Loss of future earnings due to residual disability
- Repair costs
and so on.
Among these, "consolation money" (ishyaryou) refers to compensation for the emotional distress caused by the traffic accident.
If you are injured in a traffic accident, you must endure pain while attending hospital visits, and you may be unable to work or do housework adequately. Furthermore, if a residual disability remains, you will suffer various disadvantages in the future.
Consolation money is intended to financially evaluate and compensate for such emotional distress.
However, since "emotional distress" varies from person to person, in practice, consolation money is calculated based on certain established standards.
There Are Three Standards for Traffic Accident Compensation
The most important factor when considering traffic accident compensation is "which standard is used for calculation."
In fact, there are primarily three standards for traffic accident compensation.
1. Compulsory Automobile Liability Insurance (CALI) Standard
This is the minimum compensation standard under compulsory automobile liability insurance.
Since the system is designed for victim relief, the payment amounts are relatively low.
The amount offered by insurance companies at the initial stage of settlement negotiations is often close to this CALI standard.
2. Voluntary Insurance Standard
This is the standard used internally by each insurance company.
Although the details are not publicly disclosed, in most cases it is higher than the CALI standard but lower than the attorney standard described below.
3. Attorney Standard (Court Standard)
This is the standard adopted by the courts, and calculations are based on the "Red Book" (Standards for Calculating Compensation in Civil Traffic Accident Litigation).
When a lawyer conducts settlement negotiations or when the case goes to trial, this attorney standard is applied.
Among the three standards, this one generally results in the highest amount and is the most favorable standard for the victim.
Standard Amounts for Outpatient Treatment Compensation
If you are injured in a traffic accident and receive outpatient treatment, you can claim "hospitalization/outpatient treatment consolation money."
Under the attorney standard, consolation money is determined according to the treatment period and the nature of the injury.
For example, in the case of relatively minor injuries such as whiplash:
| 3 months of outpatient treatment | approximately 530,000 yen |
|---|---|
| 6 months of outpatient treatment | approximately 890,000 yen |
These serve as rough guidelines.
However, in practice, the amount varies depending on:
- Frequency of hospital visits
- Nature of the injury
- Course of treatment
and other factors.
Also, "6 months of outpatient treatment" does not automatically mean 890,000 yen.
Since consolation money is adjusted based on individual circumstances, we recommend consulting a lawyer for specific amounts.
Standard Amounts for Residual Disability Compensation
If a residual disability remains from a traffic accident and a residual disability grade is certified by the compulsory automobile liability insurance, you can claim residual disability consolation money.
The main standard amounts under the attorney standard are as follows:
| Grade 14 | 1,100,000 yen |
|---|---|
| Grade 12 | 2,900,000 yen |
| Grade 10 | 5,500,000 yen |
| Grade 9 | 6,900,000 yen |
| Grade 7 | 10,000,000 yen |
| Grade 5 | 14,000,000 yen |
| Grade 1 | 28,000,000 yen |
Residual disability consolation money varies significantly depending on the grade.
Therefore, in traffic accident compensation cases,
"whether an appropriate residual disability grade is certified"
becomes extremely important.
Standard Amounts for Death Compensation
If the victim dies as a result of a traffic accident, death consolation money is awarded.
Under the attorney standard:
| Breadwinner of the family | approximately 28,000,000 yen |
|---|---|
| Mother or spouse | approximately 25,000,000 yen |
| Others | approximately 20,000,000 to 25,000,000 yen |
These serve as rough guidelines.
However, the amount may be increased or decreased depending on individual circumstances.
Why the Amount Offered by the Insurance Company May Be Low
We sometimes receive consultations from victims saying:
- "The consolation money is lower than I expected."
- "Is this really the fair amount?"
In fact, the settlement amount offered by insurance companies is often lower than the attorney standard.
This is because insurance companies may calculate based on the CALI standard or their own internal standard rather than the court standard.
As a result, it is not uncommon for consolation money that was 1,000,000 yen before a lawyer's involvement to increase to 1,500,000 or 2,000,000 yen after a lawyer steps in.
Key Points for Increasing Compensation
1. Attend hospital visits appropriately
If the number of hospital visits is low despite having injuries, it may affect the amount of consolation money.
It is important to follow the doctor's instructions and attend hospital visits at an appropriate frequency.
2. Consider applying for residual disability certification if symptoms persist
If symptoms remain after the accident, you may be eligible for residual disability grade certification.
Obtaining an appropriate grade certification may significantly increase consolation money.
3. Consult a lawyer before settling
Once a settlement is reached, it generally cannot be redone.
It is important to verify whether the offered amount is fair before signing a settlement agreement.
For Those Concerned About Traffic Accident Compensation
Traffic accident consolation money varies significantly depending on:
- Nature of the injury
- Duration of outpatient treatment
- Whether there is a residual disability
- Degree of fault
and other factors.
Also, the amount offered by the insurance company is not necessarily the fair amount.
In particular, in cases where a residual disability may remain, the compensation amount can differ by millions of yen.
Therefore, we recommend consulting a lawyer at least once before settling.
Summary
There are three standards for traffic accident consolation money:
- CALI (Compulsory Automobile Liability Insurance) Standard
- Voluntary Insurance Standard
- Attorney Standard
These are the three standards.
Generally, the attorney standard results in the highest amount.
Even when a settlement proposal is presented by the insurance company, the amount is not necessarily fair.
If you have any questions or concerns about traffic accident compensation, it is important to consult a specialist as early as possible.
Frequently Asked Questions
When is traffic accident compensation paid?
It is usually paid after the settlement is reached. In the case of a trial, it may be paid after the judgment becomes final.
Can I receive compensation even for whiplash?
Yes. You can claim consolation money for whiplash depending on your treatment history and symptoms.
Is the amount offered by the insurance company fair?
Not necessarily. An amount lower than the attorney standard may be offered.
Will hiring a lawyer increase my compensation?
Increases are not uncommon. Particularly in serious injury cases or residual disability cases, there can be a significant difference.
What is residual disability grade certification?
It is a system in which the compulsory automobile liability insurance certifies residual effects from an accident. Once certified, you can claim residual disability consolation money and loss of future earnings.
Can I request an increase in compensation after settling?
In principle, no. Therefore, it is important to thoroughly review the terms before settling.
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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