• I want to consult about a traffic accident in the Yaizu, Yoshida, Makinohara, Fujieda, or Omaezaki area
• I feel anxious about communicating with the insurance company after a traffic accident
• The insurance company told me they will cut off my medical expenses, and I don't know what to do
• I received a settlement proposal from the insurance company, but I'm not sure if I should accept it
• I want a lawyer to verify whether the insurance company's explanation is correct

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.

You need to deal with the insurance company carefully after a traffic accident

After a traffic accident, in most cases, you will be communicating not with the at-fault driver directly, but with the at-fault driver's voluntary automobile insurance company.

The insurance company will contact you shortly after the accident and may ask about the following:

• Status of your injuries
• Your medical provider
• Details of the accident
• Vehicle repair estimates
• Whether you have missed work
• Expected end of treatment
• Settlement amount

These are some of the matters that may be discussed.

Because insurance company representatives are experienced in handling traffic accident claims, their explanations may sound very convincing.

However, the insurance company ultimately negotiates settlements from the at-fault driver's perspective. They are not negotiating to maximize the victim's interests.

As a result, if you simply accept what the insurance company tells you, you may end up settling for an amount lower than what you are actually entitled to receive.

It is therefore important to deal with the insurance company carefully in traffic accident cases.

Point 1: Describe the accident circumstances accurately

Immediately after the accident, the insurance company may ask you about the details of what happened.

If you give a careless explanation while your memory is still unclear, it could later be used against you when determining fault allocation.

For example:

• Whether the other vehicle came to a stop
• Whether your vehicle was stopped
• The color of the traffic signal
• The speed of the vehicles
• The point of collision
• Whether turn signals were used

These factors significantly affect the determination of fault allocation.

It is not uncommon to be unable to remember details accurately right after an accident due to shock.

It is perfectly acceptable to say "I don't know" or "I don't remember clearly." You should avoid answering based on guesses.

If dashcam footage, photos of the accident scene, or photos of vehicle damage are available, these serve as important evidence for organizing the accident circumstances.

Point 2: Report pain and symptoms to your doctor promptly

If you experience neck pain, back pain, numbness, headaches, or other symptoms after an accident, it is important to visit a medical facility as soon as possible.

If there is a significant gap between the accident and your first medical visit, the insurance company may argue that "the injury was not really caused by the accident" or that "there is no causal relationship with the accident."

You also need to inform your doctor of all areas where you feel pain from the initial consultation.

For example, if you initially reported only neck pain but later complained of lower back pain, the insurance company may dispute the connection between the lower back pain and the accident.

If you have any symptoms at all, do not hesitate to tell your doctor and have them recorded in your medical records.

Even if you are receiving treatment at a bonesetter or osteopathic clinic, it is important to continue seeing a physician as well.

Point 3: Do not simply accept the termination of medical expense coverage

While continuing treatment for a traffic accident, the insurance company may tell you: "We will end our consolidated payment of medical expenses this month," "It is time for your symptoms to be fixed," or "We cannot pay for any further treatment."

However, just because the insurance company says they are cutting off medical expenses does not mean you must immediately stop treatment.

The necessity of treatment and the timing of the determination that symptoms are fixed should properly be decided based on your doctor's medical opinion.

If you still have pain and your doctor determines that continued treatment is necessary, there is room to request that the insurance company continue covering your medical expenses.

Even if the insurance company's consolidated payment ends:

• You can continue treatment using your health insurance
• You can file a claim directly with the compulsory automobile liability insurance (CALI)
• You can later claim the treatment expenses as necessary and reasonable costs

These are some of the options available.

If the insurance company tells you they are cutting off your medical expenses, we recommend consulting a lawyer at that point.

Point 4: Be careful when explaining lost income

If you missed work due to a traffic accident, you may be able to claim compensation for lost income.

However, the insurance company will verify the following:

• Whether it was truly necessary to take time off work
• Whether the absence from work was caused by the accident
• Whether using paid leave constitutes a compensable loss
• Whether the income documentation is sufficient

These are some of the matters they will check.

If you are a company employee, you will need your employer to prepare a lost income certificate.

If you are self-employed, you may need to provide tax returns, accounting records, and sales documents.

Homemakers and those engaged in household duties may also be able to claim lost income compensation if the accident interfered with their ability to perform household tasks.

However, the insurance company may offer an insufficient amount without adequate explanation.

Lost income compensation is a critical component that directly affects the victim's livelihood.

If you are not satisfied with the amount offered by the insurance company, you need to organize your supporting documents and negotiate accordingly.

Point 5: Do not readily accept the fault allocation

The insurance company may tell you, "You bear 20% of the fault in this accident" or "Based on case law, the fault allocation for this accident is 70:30."

However, the fault allocation proposed by the insurance company is not necessarily correct.

Fault allocation varies depending on the circumstances of the accident, road conditions, traffic signals, stop sign regulations, speed, the point of collision, and the actions taken immediately before the accident.

For example, even for the same type of intersection accident:

• Whether the other party was subject to a stop sign
• Which party was driving on the priority road
• Whether visibility was good
• Whether the other party was significantly exceeding the speed limit
• Whether your vehicle was stopped

These factors can change the outcome.

If the fault allocation changes, the final compensation amount you receive will also change significantly.

If you are not satisfied with the insurance company's explanation, you should carefully review the on-site inspection report, property damage report, dashcam footage, and photos of the accident scene before making a judgment.

Point 6: Do not sign the settlement proposal immediately

Once treatment for the traffic accident is completed, the insurance company will present a settlement proposal.

The settlement proposal typically includes:

• Medical expenses
• Transportation costs for hospital visits
• Lost income compensation
• Pain and suffering compensation for hospitalization and outpatient treatment
• Pain and suffering compensation for residual disabilities
• Lost future earnings
• Comparative negligence reduction

These items are listed in the proposal.

However, the amount presented by the insurance company is not necessarily a fair amount for the victim.

In particular, pain and suffering compensation is often offered at a figure lower than the attorney standard.

Additionally, lost income compensation and lost future earnings due to residual disabilities may not be adequately calculated.

Once you sign the settlement agreement, as a general rule, you cannot later make additional claims or request an increase in the amount.

Therefore, when a settlement proposal arrives, we recommend having a lawyer review its contents before you sign.

Point 7: Do not rush to settle if residual disabilities are likely

If pain or numbness persists despite continued treatment after the accident, you should consider applying for a residual disability grade certification.

If a residual disability grade is certified, you may be able to claim:

• Pain and suffering compensation for residual disabilities
• Lost future earnings due to residual disabilities

For example, whether whiplash is certified as Grade 14, Class 9 alone can result in a significant difference in the compensation amount.

However, if you settle without applying for residual disability certification, it becomes difficult to later claim compensation for residual disabilities.

Even if the insurance company tells you, "Let's settle quickly at this amount" or "I don't think residual disability certification is likely," if symptoms persist, you should consider applying for residual disability certification before settling.

Point 8: Keep a record of your conversations with the insurance company

In your communications with the insurance company, important matters are sometimes discussed over the phone.

For example:

• The timing of the termination of medical expense coverage
• Whether lost income compensation will be paid
• Explanation of the fault allocation
• The basis for the settlement amount

These are some examples.

To avoid disputes later about what was or was not said, we recommend keeping notes of your conversations with the insurance company.

At a minimum, you should record:

• The date and time of the communication
• The name of the representative
• The content of the conversation
• Items to be confirmed before the next communication

It is also effective to request responses by email or in writing for important matters.

Point 9: Verify the content of documents before submitting them to the insurance company

The insurance company will ask you to submit various documents.

For example:

• Consent forms (for submission to medical institutions)
• Lost income certificates
• Transportation expense statements for hospital visits
• Accident circumstance reports
• Settlement agreements

These are some examples.

These documents can affect the determination of compensation amounts and accident circumstances.

In particular, you should avoid signing and sealing accident circumstance reports and settlement agreements without thoroughly reviewing their contents.

If you do not understand the meaning of a document or have concerns about its contents, we recommend consulting a lawyer before submitting it.

Cases where you should consult a lawyer about insurance company dealings

In the following situations, it is advisable to consult a lawyer as soon as possible:

• The insurance company told you they are cutting off your medical expenses
• There is a dispute about the accident circumstances or fault allocation
• The insurance company's attitude is overbearing, or their explanations are inadequate
• Lost income compensation is not being paid sufficiently
• Residual disabilities are likely to remain
• A settlement proposal has arrived, but you are unsure whether the amount is fair
• You have access to a lawyer's fee special clause in your insurance policy

By consulting a lawyer when you first feel uneasy about the insurance company's handling of your case, you can help prevent the process from proceeding on unfavorable terms.

Summary

In traffic accident cases, the way you deal with the insurance company can significantly affect the amount of compensation you receive.

Insurance companies are experienced in handling traffic accident claims, but they are ultimately acting from the at-fault driver's perspective.

Therefore, rather than simply accepting the insurance company's explanations regarding the termination of medical expenses, fault allocation, lost income compensation, residual disabilities, and settlement amounts, it is important to verify each matter carefully.

In particular, once you sign a settlement agreement, as a general rule, you cannot redo the process later.

If you receive a settlement proposal from the insurance company or feel uneasy about their handling of your case, we recommend consulting a lawyer 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.

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
• 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?
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• Damages in Bicycle Accidents
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• What Are "Replacement Incidental Costs" When a Vehicle Is Totaled in a Traffic Accident?
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