• I want to consult about a traffic accident in the Yaizu, Yoshida, Makinohara, Fujieda, or Omaezaki area
• I was told that the at-fault driver does not have voluntary automobile insurance
• I want to know whether I can claim medical expenses and consolation money when the at-fault driver is uninsured
• I want to know how to handle a hit-and-run or a case where the driver has no CALI (Compulsory Automobile Liability Insurance)
• I am worried about whether I can recover compensation from the at-fault driver personally

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 Do Not Have to Give Up on Your Claim Even If the At-Fault Driver Is Uninsured

After a traffic accident, the at-fault driver may tell you, "I don't have voluntary insurance," "I only have CALI," or "My insurance cannot cover this."

For traffic accident victims, learning that the at-fault driver is uninsured is an enormous source of anxiety.

Normally, if the at-fault driver carries voluntary automobile insurance, the at-fault driver's insurance company handles medical expenses, consolation money, lost income, repair costs, and other items.

However, if the at-fault driver does not carry voluntary automobile insurance, you cannot expect adequate response from an insurance company.

As a result, problems such as the following arise:

• Who will pay the medical expenses?
• Can consolation money be claimed?
• Will vehicle repair costs be covered?
• Does the at-fault driver have the financial ability to pay?

These are the issues that arise.

That said, the fact that the at-fault driver does not have voluntary insurance does not mean you must immediately give up on compensation.

There are several options to consider, including filing a victim's claim with CALI, using your own insurance, applying to the Government Indemnity Program, and claiming directly against the at-fault driver.

First, Understand What "Uninsured" Means

The term "uninsured" can mean different things, and the appropriate response varies greatly depending on the situation.

In traffic accidents, "uninsured" typically refers to one of the following cases:

• The driver does not have voluntary insurance but does have CALI
• The driver does not have CALI either
• The at-fault driver is unknown, such as in a hit-and-run
• The at-fault driver has voluntary insurance, but it cannot be used due to driver restrictions or age conditions
• Insurance coverage is disputed because the vehicle was stolen or driven without permission

The most common case is where the driver does not have voluntary insurance but does carry CALI.

CALI is insurance that vehicles and motorcycles are legally required to carry.

However, CALI is a system that provides only minimum compensation for personal injury damages; property damage such as vehicle repair costs is not covered.

The first step is to confirm whether the at-fault vehicle has CALI coverage and whether voluntary insurance can be used.

Filing a Victim's Claim with CALI

Even if the at-fault driver does not have voluntary insurance, if CALI coverage exists, the victim can file a claim directly with CALI.

A victim's claim is a procedure in which the victim, rather than relying on the at-fault driver, directly requests insurance benefits from the CALI insurer of the at-fault vehicle.

Under CALI, medical expenses, lost income, consolation money, and other items are paid within certain coverage limits for personal injury accidents.

However, CALI has coverage limits. For injury claims, the limit is, in principle, 1.2 million yen.

If a residual disability is certified, additional insurance benefits are paid according to the disability grade.

There are also coverage limits for fatal accidents.

Therefore, in cases of serious injuries or residual disabilities, CALI alone may not fully cover all damages.

Nevertheless, filing a victim's claim with CALI is an important means for victims to receive a certain level of compensation promptly in uninsured accident cases.

Damage assessments for CALI are conducted fairly, appropriately, and promptly by the General Insurance Rating Organization of Japan.

Damages Not Covered by CALI

CALI is a system that provides only minimum compensation for personal injury damages.

Therefore, the following types of damages are either not covered by CALI or may not be fully compensated:

• Vehicle repair costs
• Rental car expenses
• Diminution in value
• Personal belongings damage
• Medical expenses and consolation money exceeding CALI limits
• Difference from attorney-standard compensation amounts

In other words, if the at-fault driver does not have voluntary insurance, property damage and damages exceeding CALI limits must be claimed directly against the at-fault driver.

However, if the at-fault driver does not have sufficient financial resources, there is a risk that even with a court judgment, actual recovery may be difficult.

This is the most challenging aspect of uninsured accident cases.

Check Your Own Insurance

When the at-fault driver is uninsured, it is important to check your own insurance and your family's insurance.

Insurance policies that may be available include the following:

• Personal injury protection (PIP) insurance
• Passenger injury insurance
• Vehicle insurance (collision/comprehensive)
• Attorney fee coverage rider
• Uninsured motorist injury insurance

If PIP insurance is available, you may receive payment for medical expenses, lost income, consolation money, and other items from your own insurance company.

Additionally, if you have vehicle insurance, you may be able to cover vehicle damage through your own policy even if you cannot recover repair costs from the other party.

If you have an attorney fee coverage rider, you may be able to consult and retain an attorney at reduced cost for claims against the at-fault driver or victim's claims with CALI.

In uninsured accident cases, it is important to consider not only recovery from the other party but also how to use your own insurance effectively.

What Is Uninsured Motorist Injury Insurance?

Uninsured motorist injury insurance is a type of insurance that provides a certain level of compensation from the victim's own insurance policy when the at-fault driver does not carry voluntary automobile insurance.

It primarily becomes relevant in serious cases such as fatal accidents or accidents resulting in residual disabilities.

However, the scope of coverage and conditions for use vary depending on the insurance contract.

Additionally, the relationship with PIP insurance may raise questions about which insurance to use and in what order.

If the at-fault driver is uninsured and there is a possibility of serious injury or residual disability, we recommend checking your own insurance policy and consulting with your insurance company or an attorney.

When the At-Fault Driver Does Not Have CALI Either

If the at-fault driver does not carry even CALI, you cannot file a standard CALI claim.

In such cases, the system to consider is the Government Indemnity Program.

The Government Indemnity Program is a system in which the national government compensates victims of hit-and-run accidents or accidents caused by uninsured vehicles, within statutory coverage limits, when the accident is not covered by CALI or mutual aid insurance.

The Ministry of Land, Infrastructure, Transport and Tourism also describes the Government Indemnity Program as a system in which the government provides compensation equivalent to CALI/mutual aid for accidents caused by vehicles without CALI/mutual aid coverage or hit-and-run accidents where the at-fault driver is unknown.

In other words, even if the at-fault driver does not carry CALI or the at-fault driver is unknown due to a hit-and-run, there is a possibility of receiving relief within a certain scope.

Important Points When Using the Government Indemnity Program

The Government Indemnity Program is an important system for victims of uninsured and hit-and-run accidents, but it is not a cure-all.

First, because the compensation follows CALI standards, it does not cover the full amount of damages as voluntary insurance would.

Additionally, property damage is not covered.

Vehicle repair costs, rental car expenses, and similar items are not compensated under the Government Indemnity Program.

Furthermore, if the victim is eligible to receive benefits from other systems or insurance, such as health insurance, workers' compensation, or PIP insurance, coordination of benefits may become an issue.

Regarding the procedure, in the case of a hit-and-run or uninsured accident, the victim should first file a personal injury accident report with the police, and then, after treatment is completed, file a claim at an insurance company window designated for this purpose.

Using the Government Indemnity Program requires extensive documentation and can be time-consuming.

It is important to confirm the procedural outlook early on.

In the Case of a Hit-and-Run Accident

In a hit-and-run accident, the at-fault driver is unknown, making it impossible to file a claim with the at-fault driver's voluntary insurance or CALI.

In such cases, the following responses are important:

• Report to the police immediately
• File a report as a personal injury accident
• Visit a hospital and obtain a medical certificate
• Photograph the accident scene and vehicle damage
• Check for security cameras or dashcam footage
• Check your own and your family's insurance
• Consider using the Government Indemnity Program

In hit-and-run accidents, evidence becomes harder to secure as time passes.

If there are security cameras at nearby stores, eyewitnesses, or dashcam footage, prompt action is essential.

Additionally, if the at-fault driver is identified at a later date, it may be possible to file a claim against that driver or their insurance company.

How to Claim Directly Against the At-Fault Driver

If the at-fault driver does not have voluntary insurance, damages not covered by CALI and property damage must be claimed directly against the at-fault driver.

The first step is to organize the amount of damages and send a demand letter to the at-fault driver.

Items that may be claimed include:

• Medical expenses
• Transportation costs for hospital visits
• Lost income
• Consolation money
• Vehicle repair costs
• Rental car expenses
• Diminution in value

and others.

If the at-fault driver agrees to pay voluntarily, it is necessary to prepare a settlement agreement that clearly states the payment amount, payment deadline, and conditions for installment payments, if applicable.

When the At-Fault Driver Refuses to Pay

If the at-fault driver refuses to pay voluntarily, litigation must be considered.

If a court judgment is obtained, it may be possible to enforce it against the at-fault driver's wages, bank deposits, real estate, and other assets.

However, the important point here is that obtaining a judgment and actually recovering the money are two separate matters.

If the at-fault driver has no assets or income, recovery may be difficult even with a judgment.

Therefore, in uninsured accident cases, the following must be carefully considered:

• Is the at-fault driver's employer known?
• Is the at-fault driver's bank account known?
• Does the at-fault driver own real estate?
• Is the at-fault driver likely to agree to installment payments?
• Is it worthwhile to spend litigation costs and time?

These factors must be carefully evaluated.

Even if you emotionally want to pursue litigation, when the likelihood of recovery is low, it is important to calmly consider the cost-effectiveness.

Property Damage Accidents When the At-Fault Driver Is Uninsured

In property-damage-only accidents where the at-fault driver is uninsured, neither CALI nor the Government Indemnity Program can be used.

This is because both CALI and the Government Indemnity Program are systems designed to provide relief for personal injuries, and property damage such as vehicle repair costs is not covered.

Therefore, for property damage, the following options should be considered:

• Claim directly against the at-fault driver
• Use your own vehicle insurance
• Negotiate using an attorney fee coverage rider

These are the options to consider.

If repair costs are high and the other party will not pay, litigation is possible, but the other party's ability to pay becomes an issue.

Additionally, if you use your vehicle insurance, you should also confirm the impact on your insurance premiums in subsequent years.

Benefits of Consulting an Attorney for Uninsured Accident Cases

When the at-fault driver is uninsured, there are more issues to consider than in a typical traffic accident.

Specifically, the following need to be assessed:

• Can a victim's claim be filed with CALI?
• Can the Government Indemnity Program be used?
• Should PIP insurance or vehicle insurance be used?
• Should a claim be made directly against the at-fault driver?
• Is there a realistic possibility of recovery through litigation?
• What conditions should be set for installment payment settlements?

These issues need to be sorted out.

Additionally, in uninsured accident cases, because no insurance company acts as an intermediary, the victim may have to deal directly with the at-fault driver.

This can be a significant emotional burden.

By consulting an attorney, it becomes easier to determine which systems to use, in what order to make claims, and whether it is worthwhile to pursue a claim against the at-fault driver personally.

If an attorney fee coverage rider is available, it may be possible to consult and retain an attorney at reduced cost.

Steps to Take Promptly in an Uninsured Accident

If you learn that the at-fault driver is uninsured, take the following steps as soon as possible:

• Report the accident to the police
• If injured, file a report as a personal injury accident
• Visit a hospital and obtain a medical certificate
• Confirm whether the at-fault vehicle has CALI coverage
• Obtain a traffic accident certificate
• Check your own and your family's insurance
• Keep records of medical expenses and lost income documentation
• Photograph vehicle damage and the accident scene
• Confirm the at-fault driver's address, contact information, and employer

In uninsured accident cases, it may be difficult to gather documentation after the fact.

It is crucial to preserve evidence and documentation from immediately after the accident.

Summary

Even if the at-fault driver in a traffic accident is uninsured, you do not have to immediately give up on claiming compensation.

Even without voluntary insurance, you can consider filing a victim's claim with CALI, using your own PIP insurance or vehicle insurance, and utilizing an attorney fee coverage rider.

If the at-fault driver does not carry even CALI, or if the at-fault driver is unknown due to a hit-and-run, there is a possibility of receiving relief through the Government Indemnity Program.

However, in uninsured accident cases, more difficult issues arise compared to typical traffic accidents, such as recovering property damage, damages exceeding CALI limits, and the at-fault driver's ability to pay.

If you learn that the at-fault driver is uninsured, we recommend gathering documentation early, checking your own insurance, and consulting an attorney.

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?
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• 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