Question from a reader:
Last month, while crossing at a green light, I was hit by a high school student on a bicycle and fell, injuring myself. I was a pedestrian, and it is clear that the other party’s negligence caused the accident. I have a medical certificate, and I still have bruises and scrapes, with pain remaining in my knee,
requiring ongoing treatment. I spoke with the other party’s guardian, but they responded vaguely, saying, “It’s something my child did…” and have not compensated me for medical expenses or transportation costs for treatment. Am I left with no choice but to suffer in silence? I would like to demand a sincere apology and full coverage of my medical expenses, but I would appreciate detailed information on where to direct compensation claims in the case of an accident involving a minor, when to consult a lawyer, and how to handle the situation if the other party is uninsured.

Traffic Accidents Involving Minors: Your Rights and How to Claim Compensation

Recently, I often hear stories about people getting into traffic accidents. In particular, accidents involving light vehicles such as bicycles and scooters are not uncommon. This time, let’s examine your case where you were injured after colliding with a high school student on a bicycle while crossing at a green light, from a legal perspective.

The Circumstances of the Accident and Its Impact

First, let’s reflect on the circumstances of the accident. You were struck by a high school student on a bicycle while crossing at a green light. As a pedestrian, it is evident that the other party’s negligence was the cause, given that the signal was green. As a result, you sustained bruises and scrapes, and you still have pain in your knee. Such injuries can significantly impact daily life, and the need for ongoing treatment is undoubtedly very distressing.

Discussion with the Other Party’s Guardian

Next, regarding your contact with the other party’s guardian, it is very unfortunate that you received a vague response like, “It’s something my child did…” What’s important here is that when a minor is the perpetrator, the party responsible is not necessarily the child themselves. In many cases, the responsibility for a minor’s actions falls on their guardian. Therefore, it is entirely reasonable to demand a sincere apology and coverage of medical expenses from the guardian.

The Process of Claiming Compensation

Now, let’s consider the specific process for claiming compensation. 1. Obtaining a Medical Certificate: First, obtaining a medical certificate from a healthcare facility is a crucial step. This certificate serves as important evidence proving the extent of your injuries and the treatment received. 2. Checking the Other Party’s Insurance: Next, you need to confirm whether the high school student has bicycle insurance. If they do, you can file a compensation claim with that insurance company. 3. Contacting the Guardian: It is effective to send a detailed invoice to the guardian that outlines the specific medical expenses and transportation costs for treatment. If an agreement cannot be reached, it is important to notify them in writing, as this will also serve as evidence later on. 4. Consulting a Lawyer: If you find negotiating on your own challenging, I strongly recommend consulting a lawyer. This is especially crucial if the other party is uninsured, as legal advice will be essential.

Special Considerations Regarding Accidents Involving Minors

There are several special considerations when claiming compensation for accidents involving minors. – Guardian’s Responsibility: Generally, the supervising responsibility of the guardian is questioned regarding the actions of the minor. This means that your compensation claim should be directed not only at the high school student but also at their guardian. – Limitations on Compensation: Minors often have limited compensation capacity. Therefore, the amount you can claim may be influenced by the financial situation of their household. – In the Case of No Insurance: If the other party is uninsured, you will need to directly claim compensation from the guardian, but you must consider the financial burden on their household.

When to Consult a Lawyer

Specifically, you should consider consulting a lawyer in the following situations: – If discussions with the other party’s guardian are not progressing. – If the other party is uninsured and claiming compensation is difficult. – If you have unclear points regarding your rights or the compensation details. By consulting a lawyer, you can receive specific advice on legal procedures and negotiations.

Conclusion

This accident was an unfortunate event, but you have rights. Since you were harmed due to the other party’s negligence, it is only natural to seek appropriate compensation. Accidents involving minors involve complex legal aspects, but it is important to respond calmly and seek expert help if necessary. Finally, while such accidents are very distressing experiences, by responding appropriately, you can protect yourself. I hope that your emotional wounds will gradually heal, and I sincerely wish for your life after the accident to return to normal as soon as possible.