Who can apply for the payout of CALI(Jibaiseki)?

When it comes to CALI (Jibaiseki), a person who is injured in a traffic accident is always called as “traffic accident victim” even he/she is also faulty in the accident, while the other party is called “perpetrator.” Both victim and perpetrator can claim payout of CALI (Jibaiseki). In this article, we explain how to apply for the payout of CALI (Jibaiseki).

Claim by a perpetrator

Claiming  payout of CALI by perpetrator

Perpetrators can claim payout of CALI(Jibaiseki) after a perpetrator pays the compensation to a victim or medical institution. The perpetrator can request its payout even before all the amount of payment is not confirmed. However, the payout is limited to the amount which the perpetrator already paid to the victim. For claiming payout, it’s necessary to submit receipt to an insurance company proving you certainly paid the compensation to the victim. 

If the perpetrator has voluntary insurance, voluntary insurance company claims payout of CALI on behalf of the perpetrator in most of the cases. After the voluntary insurance company pays the compensation to the victim on behalf of the perpetrator, it collects money from CALI.

Claim by a victim

Claiming  payout of CALI by victim

In most of the traffic accident cases, the perpetrator’s voluntary insurance company claims payout of CALI(Jibaiseki) on behalf of the perpetrator. However, traffic accident victims can claim the payout as well. The victim can claim compensation within the range of the actual amount of damage. The payment is considered to be compensation by the perpetrator. Receipts are necessary, but when it comes to consolation money, receipts are not necessary.

When  a victim is in a financial difficulty, CALI's tentative payout is available.