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What would a foreigner do if a traffic accident happened in Japan? ③
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Today we continue our series on foreign driving, as we did last week
When it comes to driving, traffic situations are bound to occur.
Here are some of the situations and how to deal with them.
When the assailant is a foreigner
Even if the victim is Japanese and the assailant is a foreigner, Japanese law applies to traffic accidents that occurred in Japan. Therefore, the Japanese victim can make a claim for damages against the foreign assailant just as in the case of a traffic accident between Japanese nationals.
In this case, the fact that the assailant is a foreigner will not, in principle, increase or decrease the amount of compensation that can be legally awarded. However, the most likely problem in cases where the assailant is a foreigner is whether the legally claimable damages can be recovered in reality.
If the offending party has voluntary insurance in Japan, there is no particular problem because compensation can be received through the voluntary insurance company, but if the offender does not have voluntary insurance, be careful.
If the assailant does not have voluntary insurance, the possibility of recovering compensation is not a problem unique to foreigners, but if the assailant is a foreigner, more attention is required due to language issues and the risk of being sent back to Japan.
The barriers to the effort and expense required to recover compensation from a perpetrator who has returned to his/her home country are high. In addition to securing the assailant's insurance and contact information, it is necessary to check your own personal injury insurance and other available insurance coverage.
Finally
As explained above, when a traffic accident occurs between a foreigner and a foreigner, the calculation of the amount of compensation cannot be done without specialized knowledge, as there are cases where the concept differs even from the medical treatment cost.
It is also necessary to determine how to recover damages as early and appropriately as possible, so we recommend that you consult with a specialist as soon as possible.
Fun and danger go hand in hand, don't they?
How was your drive and accident, and how did you handle it?
Please read this before you go out for an enjoyable drive!
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