Question from a reader:
Recently, there was an accident involving a bicycle delivery person and a 125cc motorcycle. The responsibility ratio has been determined to be 1 for our company and 9 for the other party. Our bicycle had almost no damage and did not require repairs. We received a repair estimate from the other party for the motorcycle, but at
the time of the accident, we only recognized that the side visor was cracked. However, the estimate includes the following repair items, totaling approximately 130,000 yen. – Replacement of side visor (Daytona left and right set) – Replacement of right side cover – Replacement of right floor step – Replacement of right floor side cover – Disassembly and reassembly of right fork – Replacement of right bottom case – Replacement of right fork seal – Replacement of front wheel – Inspection of front tire – Inspection of front wheel axle Furthermore, the other party mentioned that they requested a personal business, and the estimate did not include an issuer or company name, only a personal name and mobile number were provided. In such cases, I would appreciate advice on what the criteria are for determining how much repair is necessary, and whether it is acceptable not to provide a company name just because it is a personal business.

Criteria for Responsibility and Repair Costs in Bicycle and Motorcycle Accidents

Recently, I heard about an accident involving a bicycle delivery person and a 125cc motorcycle. As a result of the accident, the responsibility ratio was determined to be 1 for the bicycle side and 9 for the motorcycle side. Although the bicycle had almost no damage, the repair estimate from the motorcycle side was about 130,000 yen. This raises the question of whether this is reasonable and how to determine that. In this blog, I would like to consider the responsibility ratio of the accident, the necessity of repairs, and the reliability of the estimate from a legal perspective.

About the Responsibility Ratio of the Accident

First, let’s consider the responsibility ratio. In accidents involving bicycles and motorcycles, a ratio of 1 for the bicycle and 9 for the motorcycle is generally within a reasonable range. Bicycles are slower than motorcycles and are more vulnerable to damage in accidents, so the motorcycle side often bears a larger fault. The responsibility ratio can change depending on the circumstances of the accident; for example, if the bicycle ran a red light, the responsibility could significantly shift. On the other hand, the fact that the bicycle had almost no damage and did not require repairs is an important factor in determining the responsibility ratio. In such circumstances, it is necessary to carefully consider whether the repair items presented by the motorcycle side are truly necessary.

Criteria for Judging the Necessity of Repairs

Next, let’s think about the necessity of repairs. The repair estimate presented by the other party includes not only the replacement of the side visor but also various items such as the right side cover and front wheel. This indicates the need to properly check how much damage occurred due to the accident. What needs to be considered here is the extent of the damage at the time of the accident and whether it was genuinely caused by the accident. For instance, there may be parts included that were already damaged before the accident. The item “replacement of the side visor” in the estimate raises the question of whether it was broken due to the accident or was already damaged before. Confirming these details is crucial. In my personal opinion, the other party should provide a more detailed explanation of the accident circumstances. Particularly, if the estimate lacks an issuer or company name, it raises questions about its reliability. Only being provided with a personal name and mobile number is indeed a source of concern. It is essential to carefully consider whether this is a legitimately billed amount.

Reliability of the Estimate and How to Verify It

To verify the reliability of the estimate, several measures can be considered. First, it is important to contact the other party again and ask for a detailed breakdown of the estimate and an explanation of why such repairs are necessary. If you cannot agree with the other party’s claims, seeking a third-party opinion is also an option. Consulting a reliable repair shop and having them assess the current situation can help accurately determine the necessary repair items. Additionally, the fact that the issuer of the estimate is a personal business must be taken into account. Indeed, it is not uncommon for small shops or sole proprietors to not issue official estimates. However, businesses that meet certain criteria are obligated to issue appropriate estimates. This is especially crucial for repair costs related to accidents, as clear documentation is essential. I myself have experienced difficulties with repair cost estimates when a friend was involved in a car accident in the past. I can fully understand the feelings of being torn between the other party’s claims and one’s own sense of fairness. That is why it is important to remain calm and discern the facts without being swayed by emotions.

Final Considerations

In this case, there are not only questions about repair costs but also various legal aspects related to the accident. It is necessary to clearly organize elements such as the responsibility ratio, the necessity of repairs, and the reliability of the estimate to protect one’s own position. When an accident occurs, emotions can run high. However, by calmly assessing the situation and taking appropriate action, one can ultimately protect oneself. Looking ahead, I feel it is important to have knowledge about the procedures following an accident. When one finds themselves involved in an accident, what actions should they take? While considering such questions, I want to acquire solid knowledge from a legal perspective. Accidents can happen to anyone, which is why being prepared is essential.