If your traffic accident injury doesn't recover completely, consider getting approval for special compensation for residual disability. If you gain the approval, the total amount of compensation you legally deserve will be considerably high. This article is about how to apply for the special compensation for your residual disability. Most people apply for it via an insurance company which an at-fault driver purchases. However, there is a way of doing it directly by yourself. We explain both ways, and their pros and cons. Understand them carefully and choose the best way for you.
GIROJ conducts document review
GIROJ is the only organization giving you the approval to get special compensation for residual disability. They officially designate a specific grade according to the level of your disability. The amount of compensation which a victim can eventually get will depend on the grade. See more detail in this article: Tables of CALI's compensation for residual disability. GIROJ conducts document review to determine the grade. For the review, you have to submit some necessary documents to GIROJ. You can submit it by yourself or submit via insurance companies. In either case, the process is straightforward. Just prepare some documents and submit them to GIROJ. GIROJ will come back with the answer usually within 1-2 months.
Apply for it by yourself
Direct submission from you to GIROJ would be the most advantageous for you. Here is how to do it.
1) Ask an at-fault driver's insurance company to send you copies of the following documents:
-Certificate of an automobile accident (交通事故証明書)
-Medical Certificate for CALI(診断書)
2) Ask an at-fault driver's insurance company to send you application forms for CALI's payout for residual disability. Fill in the forms and complete the documents.
3) Prepare the documents listed in the table below on a necessity basis.
|Name of documents (Japanese)||Issuer|
|１||Written application for payment (支払請求書)||Claimant|
|2||Certificate of registered seal (印鑑証明書)||Claimant|
|3||Certificate of automobile accident (交通事故証明書)||Japan Safe Driving Center|
|4||Accident report (事故発生状況報告書)||Driver, a victim and etc.|
|5||Medical Certificate (診断書)||Doctor|
|7||Certificate of wage loss (休業損害証明書)||Place of employment|
|8||Certificate of transport cost (通院交通費明細書)||A victim|
|9||Power of Attorney (委任状) Delegator’s certificate of registered seal (印鑑証明書)||Delegator|
|10||Any other documents which prove your loss|
|11||Medical Certificate for residual disability (後遺障害診断書)||Doctor|
|12||Certificate of Death (死亡診断書)||Doctor|
|13||Certificate of the family register (戸籍謄本)||Municipal office|
4) Prepare any other documents which could support and reinforces your argument
5) Send all the documents to GIROJ via post
Apply for it via at-fault driver's insurance company
Since this is the most effortless way, most people adopt this way. The only thing you have to do is sending them a medical certificate of residual disability which will be issued by your doctor. The insurance company takes responsibility to prepare other necessary documents and submit them to GIROJ.
Try application by yourself as a traffic accident victim
Now you found applying for it via an insurance company is much easier and simpler than doing it yourself. However, we recommend doing it yourself. Here's the reason.
An at-fault driver's insurance company is the one that doesn't want to admit you are left with residual disability.
If GIROJ officially admits you're left with residual disability, the amount of compensation which you legally deserve will considerably increase. Since the at-fault driver's insurance company will partially burden the payout, they don't want the official approval for your residual disability. So, they possibly won't make every effort to make GIROJ qualify your disability. For example, they might not submit the supportive documents which are effective to convince examiners in GIROJ.
If you apply it by yourself, you can submit additional documents which support and reinforce your argument
For example, pictures of MRI photos and written opinion of a professional. These documents especially help when your disability is complicated to relate to the automobile accident.
Here you can find pros and cons between two ways:
|Do it yourself||*You can submit any of documents which is advantageous in your opinion *You can get a payout from CALI earlier *You can get result earlier||*You have to prepare all the documents by yourself, and it’s troublesome sometimes|
|Have the at-fault party do it||*Procedure is effortless, submit one document to the insurance company Have the at-fault party do it||*You cannot submit any other advantageous documents *You cannot comprehend what stage the examination is in *Get the result more in late *Payout from CALI also gets more in late|
In either case, the most critical point to get approval is how to make convincible documents for GIROJ. The content of a doctor's medical certificate is important, but what documents and pictures you would combine with the certificate is also important. Given that GIROJ has its own tendency, we recommend you to seek advice from Certified Administrative Procedures Legal Specialist or attorneys trying car accident cases, before applying for the special compensation.
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