Question from a reader:
In May, I accidentally hit a pole at a store with my car. The car got damaged and dented, and I have already apologized to the police and the store. I was told that they would contact me later regarding the repair of the pole, but that pole was originally covered in scratches, and even the police
said, “It’s been hit quite a bit.” Recently, I was informed that the repair cost is 60,000 yen, and the details involve painting. I can understand if I were to pay to repair something that was originally in good condition, but I don’t think it’s fair for me to bear the full cost for a pole that was already scratched. When I conveyed this to the store, they said they didn’t repair it because the perpetrator didn’t come forward. This makes it even harder for me to accept, but do I have no choice but to pay? Also, is it possible to negotiate a reduction?

Considering Repair Costs When Hitting a Pole

Hello! This time, I want to talk about a somewhat serious topic. Recently, I received a question from a reader who shared their concerns about the repair costs after hitting a pole at a store with their car. Through this actual case, I would like to explore how to address the situation from a legal perspective and consider the possibility of a reduction.

Understanding the Actual Situation

First, let’s reflect on the situation you are facing. Hitting a pole with your car means that, naturally, both the car and the pole have been damaged. The police were involved, and you have already apologized to the store. This is an important first step. The repair cost of 60,000 yen presented by the store is honestly surprising, especially considering that the pole was already covered in scratches. This is at the core of the issue. You feel that it is unreasonable to be asked to bear the full cost of repairing a pole that was already damaged. I completely understand this feeling.

From a Legal Perspective

So, what does this situation look like from a legal standpoint? Generally, the principle of damage compensation requires “restoration to the original state.” This means there is an obligation to return things to their condition before the accident. However, it raises the question of whether requiring you to fully cover the repair of a pole that was already scratched can truly be considered “restoration to the original state.” For example, if you borrowed an old book and accidentally tore a few pages, would you be required to pay the full cost of a new book as repair costs? This raises significant doubts. It seems unfair to make you bear the full cost when the condition of the pole remains unchanged.

Is There Room for Negotiation?

Next, let’s consider the possibility of a reduction or negotiation. You mentioned that the store said, “We didn’t repair it because the perpetrator didn’t come forward,” which seems somewhat logically inconsistent. Even if there was no perpetrator, the fact that you hit the pole remains unchanged. The store also bears some responsibility. What’s important here is your approach to negotiation. It’s essential to clearly express that “I cannot accept bearing the full cost.” The store may be willing to listen to your concerns and might propose a partial payment. Additionally, it would be effective to ask for a detailed explanation of the repair work and the breakdown of costs.

Consider Utilizing Insurance

Furthermore, it may be worth looking into the insurance you have. There is a type of auto insurance called property damage liability insurance, which may cover damages caused to others’ property. In this case, the insurance company might cover the repair costs, so it’s a good idea to check your insurance policy. If insurance can cover it, your financial burden will be significantly reduced, and you can proceed with discussions with the store more smoothly.

Final Considerations

Ultimately, how you can reduce your burden depends on your negotiation skills and the store’s willingness to understand your position. It is also crucial to communicate your stance from a legal perspective. Staying calm and assessing the situation without getting emotional is key. Lastly, I understand that dealing with such matters can be really tough, but if possible, consulting a legal expert could be one option. Especially if the situation continues to be unsatisfactory for you, the opinion of a professional can often be very helpful. I personally also need to be very careful when driving. Please make sure to pay extra attention next time and drive safely. I hope we can both achieve good outcomes!