A process of traffic accident starts at an accident scene and ends when all the damages and losses are determined in a settlement. There are following five steps until the case settles.
- Percentage of Negligence and Property Damage
- Claiming payment in part
- Expecting Residual Disability
- End of Treatment and Residual Disability
- 1 Percentage of Negligence and Property Damage
- 2 Claiming payment in part
- 3 Expecting Residual Disability
- 4 End of treatment and Application for residual disability
- 5 Settlement
Percentage of Negligence and Property Damage
Percentage of Negligence is figuring out who is at fault and what percentage both parties are faulty in a traffic accident. That's based on two parties' agreement, but sometimes a police report is referred for the determination. The amount of compensation depends on the percentage.
Unlike personnel injuries, which sometimes result in more than half-year treatment, the degree of property damage is immediately confirmed after a traffic accident. So in a property damage traffic accident, settle the case as soon as possible. At first, settle the compensation amount of property damage, and secondly, settle the compensation amount of personnel injury.
Claiming payment in part
Damages of business interruption
Get the consent of the other party on the amount of compensation for damages of business interruption per day as well as the target period. Claim the payment in part on a monthly basis so that it won't bother you when having a final settlement.
If you use taxis or public transportation to get medical treatment, you can partly claim compensation for these fees to the at-fault party.
Expecting Residual Disability
Compensation for a residual disability takes a major part of all the compensation occurring in a traffic accident. The total amount of consolation money can be several millions yen if a victim is officially acknowledged to be left with residual disability. However, it is always under one million yen if being without residual disability. In other words, the amount of consolation money won't be satisfying if being without official acknowledgment of residual disability. By the way, to get the official acknowledgment of residual disability, it is critical to medically prove the symptom for the period from just after the traffic accident until the end of treatment.
Therefore, be well prepared for proving your symptoms even just after a traffic accident, just in case where it will result in residual disability. This kind of attitude will be critical to get the intended and proper grade of residual disability.
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End of treatment and Application for residual disability
When to end the treatment
In many of the cases of traffic accident injuries, a victim can rarely continue the treatment until the symptom is completely gone. Usually, the at-fault party stops payment of treatment fees after a while. Accordingly, some victims might stop the treatment.
Application for official acknowledgment of residual disability
Only when disability remains even after stopping the treatment, you can apply for official acknowledgment of residual disability. Usually, the victim's application for residual disability is made by an insurance company on behalf of the at-fault party. However, we recommend victims apply for it by themselves. See this article on Merits of claiming special compensation by yourself. If the designated grade is not satisfying, you can submit the Formal Objection. The amount of consolation money will be finally confirmed after you get the intended grade of residual disability.
The amount of consolation money is confirmed only at the following timing:
・When the victim ends treatment of the injury
・When the grade of residual disability is confirmed
After all the cost items are confirmed, you can claim compensation to the other party based on the settlement meeting.