Question from a reader:
We often see news about elderly drivers crashing into convenience stores. If the store were to claim compensation for repair costs and losses incurred during the period it couldn’t operate, wouldn’t that actually be a positive for the store?

Convenience Store Accidents Caused by Elderly Drivers: Considering Compensation from a Legal Perspective

Recently, we often see news
about elderly drivers crashing into convenience stores. Every time I watch such reports on TV, I think, “Not again…” Of course, accidents can happen at any age, but the reality is that there is particular concern regarding elderly drivers. When such accidents occur, what kind of response should the store take? Would claiming compensation for losses actually be beneficial for the store? I would like to consider this from a legal perspective.

The Background of Accidents Caused by Elderly Drivers

First, let’s consider the background of accidents caused by elderly drivers. In Japan, where the aging society is advancing, there are many elderly individuals who continue to drive. However, the physical changes and decline in judgment that come with aging pose risk factors for drivers. In particular, the deterioration of vision and reflexes significantly affects driving. In fact, I have an acquaintance whose father is in his 70s, and he insists, “I’m still fine to drive.” However, watching him drive makes me a bit worried. The reality is that such situations increase the likelihood of accidents occurring.

Legal Considerations When an Accident Occurs at a Convenience Store

Now, let’s consider how the store should respond if an elderly driver crashes into it. The first thing to think about is how the store’s damages would occur. 1. Repair Costs: If the store’s equipment or building is damaged due to the accident, costs will arise for repairs. Specifically, this could include repairing walls, restocking products, and even restoring the store’s exterior. 2. Loss of Business: The inability to operate for a period due to the accident is also a significant loss. This loss becomes greater, especially during busy periods. For example, if the store cannot operate during the day when many customers come to buy lunch or drinks, the impact is immeasurable. 3. Emotional Distress: Furthermore, the effects of the accident are not just financial. The mental stress experienced by store staff and the owner themselves cannot be overlooked.

Regarding Claims for Compensation

Here, let’s consider claims for compensation. It is legally possible for the store to claim compensation for repair costs and business losses from the elderly driver. However, there is also the question of how successful such claims would be. First, it is important to understand the nature of the elderly driver’s insurance. In many cases, they are likely to have vehicle insurance and liability insurance. This could mean that losses due to the accident may be covered, but negotiations with the insurance company will also be necessary. Additionally, if the elderly driver claims that “there was no problem with their driving,” how to pursue responsibility for the accident becomes an issue. For example, to prove that there was a problem with the elderly driver’s driving, evidence documenting the circumstances of the accident and the driving behavior would be necessary.

A Real Case Study

I would like to share an example of a convenience store owner I know who actually encountered an accident caused by an elderly driver. He was crashed into during the busy evening hours, resulting in damage to part of the store. Fortunately, there were no customers or staff inside, and no one was injured, but he was in a state of shock. He immediately contacted his insurance company and arranged for repairs, but figuring out how to handle the business losses was a source of worry. In the end, he negotiated with the elderly driver’s insurance company and succeeded in getting compensation for part of the repair costs and business losses. However, that negotiation took several months, and he appeared mentally exhausted. Thus, while it is possible for the store to claim compensation, it is important to understand that many procedures and negotiations are required, and it can take more time and effort than one might imagine.

Advantages and Disadvantages for the Store

Now, let’s summarize whether claiming compensation for losses would be a positive or negative for the store. Advantages: – Financial Compensation: There is a possibility of receiving compensation for repair costs and business losses, which can mitigate financial damage. – Deterrence of Accidents: Making a compensation claim may also serve as a reminder for elderly drivers to be more cautious. Disadvantages: – Time-Consuming: The negotiations and paperwork can be complicated, leading to stress. – Deterioration of Relationships: There is a possibility that relationships with the elderly driver may worsen, increasing emotional burdens.

Final Thoughts

As accidents involving elderly drivers increase, I believe we need to seriously consider how we should face this issue. Of course, not all elderly drivers are dangerous, but some measures are necessary to reduce accidents. While it makes sense for stores to claim compensation for losses when accidents occur, it involves a significant amount of time and effort. I personally worry about driving since I have elderly family members. Raising awareness of traffic rules and improving consciousness about driving will likely be significant challenges moving forward. I feel we should continue to think about what we can do to prevent accidents before they happen.