• I want to consult about a traffic accident in Yaizu/Makinohara
• I was injured in an accident. What can I claim besides medical expenses?
• I don't fully understand the breakdown in the insurance company's settlement proposal

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.

Damages in Personal Injury Accidents

An insurance company's settlement proposal lists damage amounts according to categories such as medical expenses and lost income. Understanding what damages can be claimed in a traffic accident is essential for evaluating the settlement proposal.

Below, we explain the damages that a victim can generally claim in a personal injury accident.

Note that for some damage categories, there are three types of calculation standards:

• "insurance company standard"
• "voluntary insurance standard"
• "court standard (Red Book standard)"

The court standard yields the highest amount. Retaining an attorney enables claims to be calculated based on the court standard.

① Medical Expenses

Medical expenses (outpatient fees, hospitalization fees, medication costs, etc.) are recognized as damages for the full actual amount incurred until treatment ends (i.e., full recovery or determination of residual symptoms). Post-residual-symptom medical expenses are generally claimable only when severe residual disabilities remain.

Some whiplash patients visit bone-setters or similar practitioners in addition to hospitals. Expenses for acupuncture, massage, and similar treatments may be recognized if received on a physician's instructions.

Medical expenses are usually paid directly by the insurance company to the hospital, leaving matters to the insurer in most cases. However, in situations where the fault ratio is an issue, it may be more advantageous to use health insurance or workers' compensation insurance. Please consult an attorney for details.

The treatment of medical expenses may vary depending on the fault ratio and whether health insurance is used. Even if you are told "We cannot pay medical expenses because you are at fault," there are many cases where payment is actually made. It is important not to take the insurance company's explanations at face value.

② Commuting Transportation Expenses

Transportation costs for hospital visits are also recognized as damages until treatment ends.

For example, public transportation fares and gasoline costs for personal vehicles are recognized as damages. When commuting by car, gasoline costs are typically calculated at 15 yen per kilometer.

Note that taxi fares for commuting to hospital are not automatically recognized in full. Taxi costs are determined by considering factors such as the severity of the injury and availability of public transportation.

In Shizuoka Prefecture, where commuting by personal vehicle is common, items such as gasoline calculations, parking fees, and toll road charges are often overlooked in claims. Even without receipts, claims can be calculated based on the number of hospital visits and distances traveled.

③ Hospitalization Miscellaneous Expenses

When hospitalized, various miscellaneous expenses are incurred for daily necessities, communication costs, and other incidentals. These expenses are not calculated based on exact actual costs but rather as a fixed daily amount.

Under the insurance company standard, this is often calculated at 1,100 yen per day, while the court standard sets it at 1,500 yen per day.

For long-term hospitalization, even miscellaneous expenses alone can result in a significant difference in amounts. Since the insurance company standard is low, claiming under the court standard becomes important.

④ Attendant Nursing Expenses

In cases of serious injury, or when the victim is a child or elderly person, nursing attendance during hospitalization or outpatient visits may be necessary based on physician instructions.

If a professional attendant such as a caregiver is hired, the cost can be claimed.

When a close relative provides attendance, a fixed daily amount can be claimed. Under the court standard, nursing attendance by a close relative is set at 6,500 yen per day for hospitalization and 3,300 yen per day for outpatient visits.

After residual symptoms are determined, if severe residual disabilities remain and nursing care becomes necessary, future nursing expenses can also be claimed.

There are many cases where attendance was necessary but not claimed. This is an especially important item in accidents involving elderly persons or children, and care must be taken to avoid oversights.

⑤ Lost Income (Work Absence Damages)

If an injury from a traffic accident causes the victim to miss work and suffer a reduction in income, lost income damages are recognized.

For salaried employees, the daily income amount (based on the average salary for the three months preceding the accident) is calculated, and the number of days actually missed from work constitutes the lost income damages.

For self-employed individuals, the daily income amount is calculated from the figures stated in the tax return for the year preceding the accident.

Lost income damages are also recognized for homemakers and similar domestic workers. Even unemployed persons may be eligible if they were actively seeking employment.

Lost income calculations are complex, and insurance companies very often underestimate them. Homemakers, unemployed persons, and students can also make claims, yet many people give up without knowing this.

⑥ Pain and Suffering Compensation for Hospitalization/Outpatient Visits

If an injury from a traffic accident requires hospitalization or outpatient visits, compensation for pain and suffering (consolation money) commensurate with the severity of the injury can be claimed.

The amount of consolation money is calculated based on the severity of the injury, the length of hospitalization/outpatient periods, and the frequency of visits. Here too, the court standard recognizes a higher amount than the insurance company standard. The low settlement proposals from insurance companies are often attributable to the difference in this consolation money amount.

For example, for an injury requiring one month of hospitalization and six months of outpatient visits, the insurance company's offer is approximately 800,000 yen, whereas calculation under the court standard yields 1,490,000 yen (based on Red Book Table I).

The biggest reason settlement amounts are low is this difference in consolation money standards. Under the insurance company standard, the amount can be as low as half of the court standard. Calculating under the appropriate standard is critical.

⑦ Residual Disability Consolation Money

If a residual disability remains from a traffic accident, consolation money commensurate with the degree of disability can be claimed. This is calculated as separate consolation money from the hospitalization/outpatient consolation money.

Specifically, the consolation money corresponds to the residual disability grade certified by the General Insurance Rating Organization. Here too, the civil court standard recognizes a higher claim amount than the voluntary insurance standard.

For example, for Residual Disability Grade 12, the insurance company's offer is 1,000,000 to 1,500,000 yen, whereas calculation under the court standard yields 2,900,000 yen.

⑧ Lost Future Earnings Due to Residual Disability

If a residual disability remains from a traffic accident, lost future earnings (loss of earning capacity) can be claimed. Lost future earnings refer to the income that the victim would have otherwise earned had they not suffered the residual disability from the accident.

Had the victim not suffered the residual disability, they would not have lost part of their working capacity and would have continued to earn income into the future. When part of the working capacity is lost due to a residual disability, the income that would otherwise have been earned in the future is considered to have been reduced in proportion to the degree of lost capacity. This portion of reduced future income constitutes the lost future earnings.

Lost future earnings are the item with the largest monetary value among all damages. Without understanding the calculation method (Leibniz coefficient, labor capacity loss rate, loss period, etc.), there is a risk of settling for an amount far below what is rightfully owed.

⑨ Attorney's Fees and Delay Damages (In Case of Litigation)

If negotiations with the insurance company break down and a lawsuit for damages is filed, attorney's fees and delay damages can be claimed.

Attorney's fees are typically recognized by the court at 10% of the total amount claimed against the tortfeasor.

Delay damages can be claimed for the period from the date of the traffic accident until actual receipt of compensation, calculated at the statutory interest rate under the Civil Code (5%).

If the case goes to court, part of the attorney's fees and delay damages can be claimed from the tortfeasor's side, effectively reducing the victim's burden. Conducting negotiations with litigation as a premise can sometimes yield more favorable conditions even at the settlement stage.

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?
• 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