• I want to consult about a traffic accident in Yaizu/Makinohara
• I want to know the procedures when I or my family member is involved in an accident
• I want to know when to hire an attorney after an accident

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.

1 Arranging an Ambulance

First and foremost, rescuing the injured takes priority. If you have injured the other party, take the necessary rescue measures and arrange an ambulance.

If you are transported by ambulance, the "contents of the medical certificate" become critically important. As this can affect future disability certification, be sure to inform the doctor of every area where you feel pain.

Even if you have no symptoms immediately after the accident, pain often appears several days later. Be sure to visit a medical institution as soon as possible.

2 Contacting the Police

Next, contact the police. The police will listen to both parties and prepare an on-site inspection report. Filing a report with the police is also necessary to obtain the "Traffic Accident Certificate," which is a required document when claiming insurance benefits, regardless of whether it is voluntary insurance or compulsory automobile liability insurance.

If the accident remains classified as property damage only, it may become difficult to claim medical expenses later. You must file the report as a "personal injury accident" (even if it is initially classified as property damage, you can later convert it to a personal injury case at the police station).

The on-site inspection significantly affects the determination of fault proportions later on; therefore, if possible, record the accident scene yourself with photos and videos.

3 Settlement with the At-Fault Party

After a traffic accident, the settlement agreement exchanged between the parties typically contains provisions such as the following:

"By this settlement, all matters relating to the above traffic accident shall be deemed fully resolved, and Party A shall make no further claims against Party B beyond those set forth in this settlement agreement. Both Party A and Party B confirm that, with respect to said accident, there are no claims or obligations between them other than those set forth in this settlement agreement."

In other words, once a settlement is reached, the victim, as a general rule, cannot claim any newly discovered damages from the at-fault party after the settlement.

For this reason, when the at-fault party proposes a settlement, you need to carefully consider whether the damages identified at that time truly represent all of the damages arising from the traffic accident. You must not settle hastily.

Once a settlement is reached, it is extremely difficult to rescind. It is not uncommon for the amount offered by the insurance company to be hundreds of thousands to millions of yen lower than the court-standard amount. Especially when injuries are involved, you must not settle before treatment is completed. There is a possibility that residual symptoms may remain, which also affects the disability grade certification.

4 Methods of Claiming Compensation from the At-Fault Party

There are three methods for claiming compensation for damages caused by a traffic accident.

First, (1) negotiating directly with the at-fault party outside of court and seeking compensation directly. If the at-fault party has voluntary insurance, the insurance company will act as the negotiating counterpart on behalf of the at-fault party.

Second, (2) using an alternative dispute resolution (ADR) organization.

ADR refers to alternative dispute resolution organizations. Although not a court proceeding, these organizations aim for fair dispute resolution by having a designated mediator facilitate negotiations between the parties. Various ADR services are available for traffic accident disputes, including the Traffic Accident Dispute Resolution Center (public interest incorporated foundation), the Japan Federation of Bar Associations Traffic Accident Consultation Center, and the General Insurance Association of Japan's Sonpo ADR Center.

Finally, (3) using the court system—specifically, mediation or litigation.

Mediation is a system in which the court facilitates discussions between the parties. While mediation is similar to ADR in that it is based on dialogue between the parties, it differs from ADR in that a mediation agreement has enforceable power.

If mediation is unsuccessful, it becomes necessary to file a lawsuit. It is also possible to file a lawsuit directly without going through mediation. In litigation, the parties present their respective arguments and evidence, and a judgment is ultimately rendered. A judgment has enforceable power.

The most suitable method depends on the nature of the accident, the severity of injuries, and the possibility of residual disabilities. ADR (Traffic Accident Dispute Resolution Center) is available free of charge, but the decisions may sometimes favor the insurance company; therefore, it is recommended to use ADR in consultation with an attorney.

5 When Should You Consult an Attorney?

You should consult an attorney as soon as possible.

A traffic accident is a first-time experience for most people, and negotiating with the at-fault party or their insurance company requires specialized knowledge. If you proceed with negotiations without specialized knowledge, you risk having your treatment terminated at an unfavorable time, receiving an unfavorable disability certification, or agreeing to an unfavorable settlement. Once a disability certification has been made or a settlement has been reached, even if you then retain an attorney, there is a limit to what the attorney can do.

It is important to consult an attorney as early as possible and receive advice to avoid unfavorable disability certifications and settlements.

For details on when to consult an attorney, please also refer to the article "Timing and Process for Consulting an Attorney About a Traffic Accident."

Consulting immediately after an accident is ultimately the factor that most significantly affects the amount of compensation. If you are in doubt, we strongly recommend consulting right away.

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