Question from a reader:
My friend was in an accident where the other party was 100% at fault. My friend’s car had been driven for 200,000 kilometers and has been totaled. My friend wants to demand the full amount for the car from the other party, but I think that’s unrealistic. I’m worried it seems like they are persistently asking for
the entire amount. Also, if they need to go to the hospital, I believe they will have to bear the costs themselves without an insurance card. Can they claim that amount from the insurance company? It would be better to get an insurance card before going to the hospital, right?

Things to Consider for a Friend Who Was in an Accident

Hello everyone. Today, I want to share some legal advice after hearing about my friend’s accident. I hope to help my friend navigate this difficult situation, so please stay with me until the end.

Negligence and Compensation in the Accident

First, let’s reflect on my friend’s accident case. The other party being 100% at fault is a very favorable situation for my friend. Legally, they have the right to demand full compensation. However, the actual amount they can receive from the other party can be influenced by several factors. My friend’s car had been driven for 200,000 kilometers and has been totaled, but it’s possible that the car’s value had already significantly decreased before the accident. Typically, a car’s value decreases over time and with mileage, and after an accident, the “current market value” becomes the standard for compensation. For example, it’s important to determine how much the car was worth before the accident. Even if the market value of the car was 500,000 yen before the accident, it might be difficult for my friend to demand the full amount. Negotiations with the insurance company and the other party’s insurance will likely be based on this market value.

Advice I Want to Give My Friend

Now, regarding my friend’s persistent demand for the full amount, this is a bit concerning. I understand that emotions can run high right after an accident, but it’s important to remain calm. We must consider that demanding the full amount could worsen the relationship with the other party’s insurance company. I have seen similar situations before when a friend was in an accident. Emotions can take over, making it difficult to make appropriate decisions. That’s why I want to advise my friend to first calm down and fully understand the details of the accident and the value of the car before taking action.

Considering Hospital Visits and Insurance

Next, regarding the question about hospital visits, this is a very important point. After an accident, if one needs to go to the hospital without an insurance card, they often have to bear the costs themselves. To avoid out-of-pocket expenses, it’s indeed a good idea to obtain an insurance card. However, even if my friend incurs out-of-pocket expenses, they can still claim that amount from the insurance company. Medical expenses incurred due to injuries from the accident can be considered part of the compensation, so they can claim medical costs related to the accident. However, it’s essential to check in advance, as different insurance companies may have varying conditions for coverage. I also experienced a situation in the past where a friend had to bear costs out-of-pocket because they didn’t have an insurance card when visiting the hospital. At first, I felt frustrated thinking, “Is this going to be wasted?” but later, after consulting with the insurance company, I managed to get the claim approved. It may have just been luck, but it’s definitely worth asking and not giving up.

Conclusion

My friend’s case regarding the accident is something that can happen to anyone. Emotions often run high after an accident, but it’s crucial to assess the situation calmly. Understanding the value of the car, medical expenses, and insurance procedures is essential for taking appropriate action. If my friend hasn’t obtained their insurance card yet, I recommend they do so as soon as possible. Having insurance can make a significant difference in reducing their burden when going to the hospital. Finally, to overcome difficult situations, support from those around us is also important. Please encourage your friend to feel a little more at ease and move forward positively. With time, solutions will emerge for any accident, so let’s proceed without rushing. That’s all for my advice to a friend who was in an accident. I hope this has been somewhat helpful!