Dissatisfied with the Fault Ratio
Traffic Accidents
- Yaizu & Makinohara Attorneys Top
- Traffic Accidents
- Dissatisfied with the Fault Ratio
- Want to consult about a traffic accident in Yaizu/Makinohara
- Cannot accept the fault ratio stated by the insurance company
- Want to understand what a fault ratio is in the first place
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 Fault Ratio?
A fault ratio is a numerical expression of the degree of responsibility of both the at-fault party and the injured party in a traffic accident.
For example, if you are rear-ended while stopped at a red light (Case 1), 100% of the fault is normally attributed to the rear-ending vehicle, so this typically does not become an issue. However, not all traffic accidents are solely one party's fault; in many cases, the injured party also bears a certain degree of responsibility.
For example, when an accident occurs at an intersection between a vehicle going straight on a green light and an oncoming vehicle attempting to turn right (Case 2), the majority of fault lies with the turning vehicle because through traffic has the right of way, but the through-going vehicle also bears a certain degree of responsibility. Specifically, the through-going vehicle is typically assigned 20% fault.
Fault ratios are based on clear judicial standards and are not determined at the sole discretion of insurance companies. Therefore, just because "the insurance company says so" does not make it correct, and their legitimacy must always be verified.
Fault Ratio Significantly Affects Compensation Amounts
Let us assume that in both Case 1 and Case 2 above, the damages for both the injured party and the at-fault party were 10 million yen each.
In Case 1, because the at-fault party bears 100% of the fault ratio, the amount the injured party can claim is 10 million yen. On the other hand, since the injured party's fault ratio is 0%, the injured party does not need to pay anything to the at-fault party. Therefore, the injured party receives the full 10 million yen.
In contrast, in Case 2, the at-fault party's fault ratio is 80%, so the amount the injured party can claim is 8 million yen. On the other hand, because the injured party bears 20% fault, the injured party must also pay 2 million yen to the at-fault party. Consequently, the amount the injured party actually receives from the accident is only 6 million yen (note: in practice, if the injured party has voluntary insurance, the 2 million yen will be paid by the insurance company).
As you can see, the compensation amount the injured party can receive varies significantly depending on the fault ratio, which is why the fault ratio is so important in traffic accidents.
In fact, even a 5% change in the fault ratio affects everything—consolation money, lost wages, lost future earnings, and property damage—and it is not uncommon for the final difference to amount to hundreds of thousands or even millions of yen.
It is also important to note that insurance companies may assert a fault ratio unfavorable to the injured party in order to reduce their own burden.
How Is the Fault Ratio Determined?
Fault ratios for traffic accidents have been categorized to a certain extent based on past court rulings and other precedents according to accident patterns. The fault ratio in Case 2 above is one such example. Attorneys, courts, and insurance companies all determine fault ratios based on these categorized standards.
These categorized fault ratio standards can be verified by the general public through publications such as "Bessatsu Hanrei Times No. 39" and books commonly known in traffic accident practice as the "Red Book" and "Blue Book." Even without reading such publications, these days you can easily check them on the websites of various insurance companies.
However, actual accidents often do not fit neatly into the standard categories, and the ratio may be significantly modified based on specific circumstances such as:
- The other party was speeding just before the accident
- Distracted driving
- A sudden right turn
- A pedestrian emerged from a blind spot
and so on.
Whether "modification factors" are properly examined makes a significant difference in the fault ratio.
If You Want to Know Whether the Insurance Company's Fault Ratio Is Appropriate
If you want to know whether the fault ratio stated by the insurance company is appropriate, you should check publications like those mentioned above or the insurance company's website.
Also, even when the insurance company's stated fault ratio appears correct, there may be cases where modification factors for determining the fault ratio have been overlooked.
For example, in Case 2 above, the basic fault ratio between the through-going vehicle and the turning vehicle is 20:80, but if the through-going vehicle was driving 15 km/h or more over the speed limit, an additional 10% of responsibility is added to the through-going vehicle, making it 30:70.
Furthermore, there are cases where your traffic accident does not fit any of the categorized standards, leading to a dispute with the insurance company over the fault ratio.
Insurance companies very often present only the "basic fault ratio" without reflecting modification factors.
In fact, when an attorney negotiates, it is quite common for the injured party's fault to be reduced by 10 to 20%.
Additionally, analysis of dashcam footage or traffic signal cycle investigations can significantly change the fault ratio.
As you can see, while fault ratios may seem easy to determine by consulting reference materials, they actually involve quite complex factors. If you want to know more about fault ratios or are not satisfied with the insurance company's explanation, we recommend consulting an attorney.
Frequently Asked Questions
How is the fault ratio determined?
During the settlement stage, the insurance company and the parties involved in the accident discuss and agree upon it. If both parties' positions on the fault ratio conflict, the best course of action is to have an attorney negotiate with the insurance company. If a dispute over the fault ratio still remains, the matter will be brought to court for a judicial determination.
In what cases does the fault ratio become zero?
(1) Rear-end collisions, (2) accidents caused by crossing the center line, and (3) cases where a pedestrian on an unsignalized crosswalk is hit by a vehicle—these are examples where the basic fault ratio is 0:100. However, modification factors apply to these as well, so the ratio may change depending on the specific circumstances.
What are the modification factors for fault ratios?
There are various modification factors, including, for example, nighttime accidents, accidents on major roads, accidents in residential or commercial areas, speeding violations, and cases where the injured party is a young child or elderly person.
Are the fault ratios presented by the insurance company accurate?
Not necessarily. When only the basic ratio is used without considering modification factors, the figures presented may be unfavorable to the injured party.
Does having a dashcam improve the fault ratio in my favor?
It is extremely advantageous. Because speed, entry timing, and traffic signal conditions become clear, there are many cases where the insurance company's initial assessment is overturned.
Is the court standard always used for fault ratios?
Yes. Insurance companies, courts, and attorneys all make their determinations based on the court standard.
What happens in accidents involving pedestrians or bicycles?
Because pedestrians and cyclists receive greater legal protection, modifications unfavorable to the motorist are frequently applied.
Should I consult an attorney before settling?
It is better to consult before it is too late. Once a settlement is reached, it generally cannot be undone.
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.
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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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- 054-639-5573
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- 6-minute walk from Yaizu Station / Parking available
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Makinohara Office
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- Address
- 〒421-0422
Maison de Hautoku 1F, 140-4 Shizunami,
Makinohara City, Shizuoka Prefecture
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- 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
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- Service Area
- Yaizu, Makinohara, Fujieda, Shimada, Yoshida, and surrounding areas
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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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