• Want to consult a lawyer in the Yaizu, Yoshida, Makinohara, Fujieda, and Omaezaki area
• Collided with a car while riding a bicycle and said "I will pay the full repair cost" on the spot
• The insurance company said "the other party is also at fault," and I am unsure whether I need to pay the full amount
• Want to know whether a verbal promise made at the accident scene can be retracted
• In a dispute with the other party over the fault ratio and repair costs

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 If You Said "I Will Pay the Full Amount" at the Accident Scene?

If you scratched the other party's car in a collision while riding a bicycle, you might say something like the following in the shock immediately after the accident:

• "It was my fault, so I will pay the full repair cost"
• "I caused the trouble, so I will compensate for everything"

However, when you later consult your insurance company, you may be told:

• "Based on the accident circumstances, the driver of the car is also at fault"
• "This is not an accident where the cyclist bears 100% of the repair costs"

In such cases, once you have said "I will pay the full amount," do you really have to pay the entire repair cost?

The short answer is: simply making such a statement once at the accident scene does not necessarily mean you must pay the full repair cost.

The key question is whether that statement resulted in a legally binding "settlement" (jidan) between the parties.

Liability in Traffic Accidents Is Determined in Principle by the Fault Ratio

In a traffic accident between a bicycle and a car,

"the bicycle hit the car"

does not automatically mean the cyclist bears 100% liability.

In traffic accidents, when both parties were negligent in causing the accident, the degree of each party's responsibility is expressed as the "fault ratio."

For example, after examining the accident circumstances, suppose the fault ratio is determined as follows:

• Cyclist: 70%
• Driver: 30%

In that case,

if the reasonable repair cost for the other party's car is 200,000 yen, the amount borne by the cyclist, in simplified terms, would be:

Conversely, if the bicycle itself also sustained 100,000 yen in damages, the cyclist may be able to claim 30,000 yen (30%) from the driver.

In practice, settlement negotiations are conducted to determine how to handle the damages on both sides.

Therefore, even if you felt you were at fault right after the accident, it is better to avoid committing to paying the full repair cost on the spot.

What Determines the Fault Ratio in a Bicycle Accident?

The fault ratio in an accident between a bicycle and a car varies depending on the specific accident circumstances.

For example, the following factors are considered:

• Whether there were traffic signals
• Which party had a stop sign obligation
• Visibility at the intersection
• Which party was traveling on the priority road
• Which side of the road the bicycle was traveling on
• The speed of both the car and the bicycle
• Whether it was daytime or nighttime
• Whether the bicycle was riding without lights
• Whether either party was using a smartphone
• The movements of both parties immediately before the accident

In addition, the following are also important materials:

• Dashcam footage
• Security camera footage
• Photos of the accident scene
• Damage to the vehicle and bicycle
• Police on-site investigation reports, etc.

Even if you thought right after the accident that it was entirely your fault because you were the one who collided, a legal analysis of the accident circumstances may reveal that the other party was also at fault. This is not uncommon.

Does Simply Saying "I Will Pay the Full Amount" Constitute a Settlement?

The critical issue here is whether a "settlement" (jidan) had been reached.

A settlement means that the parties to a traffic accident discuss and agree on conditions such as "who pays whom how much" to resolve the dispute.

Generally, a settlement does not necessarily have to be in writing to be valid.

Even an oral agreement, if its terms are clear and both parties agreed to it as a final resolution, may be considered a valid settlement.

Therefore, it is not the case that "it was only said verbally, so it has no meaning at all."

On the other hand, if at the accident scene immediately after the accident, without any repair estimate and without any discussion about the fault ratio, you simply said:

"I am sorry, I will pay the full repair cost"

whether that alone constitutes a final settlement is a separate question.

A general statement of apology or willingness to take responsibility immediately after an accident must be distinguished from a settlement that establishes a specific legal obligation to pay.

Key Points for Determining Whether a Settlement Was Reached

Whether the exchange at the accident scene was merely an apology or expression of intent, or a legally binding settlement, is determined based on the individual circumstances.

For example:

• Did you merely say "I will pay the full amount"?
• Was the specific repair cost already known?
• Was there an agreement on a specific amount, such as "I will pay 200,000 yen"?
• Was a payment deadline agreed upon?
• Did the other party also indicate their intention to resolve the accident on those terms?
• Was there an agreement on a release clause such as "neither party will make any further claims"?
• Was a written memorandum or settlement agreement prepared?
• Were specific terms confirmed via LINE or email?

For example,

"I will pay 200,000 yen in repair costs by the end of this month. With that payment, both parties agree not to make any further claims regarding this accident." If both parties agreed to such terms, there is a high possibility that a settlement will be recognized as having been reached.

On the other hand, if at the accident scene, when the amount of damages was not even known, you simply said "I will pay the repair cost," there is room to argue that no settlement was reached.

If No Settlement Has Been Reached, You Can Shift to a Response Based on the Fault Ratio

If a settlement has not yet been reached, you can re-examine the accident circumstances after the accident and proceed with damage compensation discussions based on the appropriate fault ratio.

For example, even though you said at the scene "I will pay the full repair cost," if you later consulted your insurance company and learned that the driver was 30% at fault, you could explain to the other party as follows:

This is one possible way to explain the situation to the other party.

In this case, rather than saying "I am unilaterally retracting my promise," it is easier to avoid unnecessary conflict with the other party by explaining that "I am determining the formal compensation amount after confirming the accident circumstances and legal fault ratio, which were unknown immediately after the accident."

An Established Settlement Cannot Easily Be Retracted

On the other hand, if a settlement with specific terms has already been reached, caution is required.

A traffic accident settlement is also a contract. A validly established settlement cannot be freely retracted simply because "I realized later that I overpaid" or "my insurance company told me a different fault ratio."

In particular, if you have signed a settlement agreement or memorandum specifying a concrete amount, you are highly likely to be bound by its terms.

Of course, if there are legal issues with the validity of the agreement itself, such as mistake (sakugo), fraud (sagi), or duress (kyohaku), there may be room for further examination.

However, simply realizing after the fact that the agreement was disadvantageous does not automatically entitle you to rescind it.

If you have already exchanged written documents or agreed on a specific amount, we recommend consulting a lawyer rather than refusing payment on your own judgment.

What If You Said "I Am 100% at Fault"?

"It was entirely my fault" or "It was my carelessness, so I will take 100% responsibility" — these are things people sometimes say at the accident scene.

Even if such a statement was made, the legal fault ratio is not automatically fixed at 100:0.

This is because the fault ratio in a traffic accident is determined not only by the parties' subjective assessment but also based on the actual circumstances of the accident and the duties of care under the Road Traffic Act.

Immediately after an accident, both parties are shaken and may not accurately understand the fault ratio under the Road Traffic Act or judicial practice.

Therefore, while the fact that "you said you were at fault" is one relevant circumstance, it alone does not determine the fault ratio.

However, if you reach a final agreement with the other party that includes a specific amount of damages, the situation is different.

Accordingly, it is safer to avoid making definitive statements about the fault ratio at the accident scene.

What If the Other Party Says "You Said You Would Pay the Full Amount"?

After the accident, if you tell the other party that you want to negotiate based on the fault ratio, the other party may respond: "You said you would pay the full amount at the scene" or "Are you breaking your promise?"

In this case, the first thing to confirm is whether a legally binding settlement had actually been reached.

If it was merely a statement made immediately after the accident, you should explain:

• The repair cost had not been determined
• The fault ratio had not been discussed
• The accident circumstances had not been sufficiently confirmed
• The damage amount needs to be formally confirmed through the insurance company

If direct negotiation with the other party becomes difficult, you may also consider having the insurance company or a lawyer handle communications on your behalf.

Verify Whether the Repair Cost Itself Is Reasonable

In bicycle accidents, it is necessary to verify not only the fault ratio but also whether the repair cost claimed by the other party is reasonable.

For example:

• Was the damage truly caused by this accident?
• Did the damage exist before the accident?
• Does the repair scope exceed the portion damaged in the accident?
• Is the parts replacement truly necessary?
• Does the repair cost exceed the market value of the vehicle?

Just because the other party says "the repair cost is 300,000 yen" does not immediately mean that the full 300,000 yen constitutes a legally compensable loss.

It is necessary to review the repair estimate, damage photographs, and accident circumstances to determine the reasonable repair cost that is causally related to the accident.

Insurance May Be Available Even for Bicycle Accidents

When a bicycle accident occurs, some people think, "I don't have car insurance, so I have no choice but to pay everything out of pocket."

However, in bicycle accidents, personal liability insurance may be available.

Personal liability insurance may be included in:

• Bicycle insurance
• Fire insurance
• Optional coverage under car insurance
• Accident insurance
• Insurance attached to credit cards

In addition to your own insurance, you may also be covered under insurance held by a family member.

Before promising to pay repair costs to the other party, we recommend first checking the insurance coverage of yourself and your family members.

The Risk of Settling Before Consulting Your Insurance Company

If personal liability insurance or similar coverage is available, the insurance company may be able to handle settlement negotiations after the accident.

However, if you independently reach a specific settlement with the other party before consulting your insurance company, a problem may arise where the insurance company does not fully cover the agreed amount.

For example, suppose the proper fault ratio would have required you to bear only 100,000 yen, but you unilaterally promised to pay the full 200,000 yen.

The insurance company may not necessarily cover the additional portion of the burden.

Therefore, if there is a possibility of using insurance, it is important to report the accident to your insurance company before agreeing on a specific payment amount with the other party.

What You Should Not Do at the Accident Scene

If you cause a bicycle accident, apologizing itself is not a problem.

However, you should avoid making statements at the scene that determine your final legal liability, such as:

• "It is entirely my fault"
• "I will pay the full repair cost no matter how much it is"
• "I will pay in cash without using insurance"
• "There is no need to report it to the police"

This is because immediately after the accident, information about the damage to the other party's car, damage to your bicycle, any injuries, and the fault ratio is often unknown.

First, you should:

• Provide aid to the injured
• Report to the police
• Obtain the other party's contact information
• Take photographs of the accident scene
• Contact your insurance company

After completing these steps, it is appropriate to then consider the fault ratio and the amount of damages.

Always Report to the Police After an Accident

Even in a bicycle accident, it is important to report the traffic accident to the police.

• "I only scratched the car a little"
• "We already settled it between ourselves"

It is not advisable to part ways at the scene for such reasons.

Later, the following problems may arise:

• New damage is discovered
• Injuries are identified
• The accounts of the accident circumstances given by both parties conflict
• The other party demands a high repair cost

By reporting to the police, you can create an official record that the accident occurred.

In addition, a traffic accident certificate and other documents may be required when filing an insurance claim.

Cases Where You Should Consult a Lawyer

In a bicycle accident, if any of the following apply:

• You are facing a large claim based on having said "I will pay the full amount"
• You have signed a specific settlement agreement or written memorandum
• You and the other party have significantly different views on the fault ratio
• The accounts of the accident circumstances given by both parties conflict
• You feel the repair cost is too high
• You are not satisfied with the fault ratio proposed by the insurance company
• The other party has threatened to file a lawsuit

we recommend considering consulting a lawyer.

In particular, if you have already made a promise orally or in writing, you need to confirm the extent to which that promise is legally binding.

Summary

Even if you said "I will pay the full repair cost" at the accident scene after colliding with a car while riding a bicycle, that alone does not necessarily mean you must bear the full repair cost.

Compensation for damages in a traffic accident is determined, in principle, based on the fault ratio according to the accident circumstances.

The key question is whether a specific settlement had been reached through the statement "I will pay the full amount."

If the statement was made at a stage when nothing had been decided about the repair cost, payment terms, or fault ratio, there is room to re-examine the accident circumstances and negotiate based on the appropriate fault ratio.

On the other hand, if specific amounts and payment terms have been agreed upon and a settlement has already been reached, it cannot simply be retracted.

If you have caused a bicycle accident, rather than deciding the damage amount and fault ratio on the spot, it is important to report to the police, notify your insurance company of the accident, and confirm the accident circumstances and damage amount before conducting settlement negotiations.

FAQ

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