Question from a reader:
In the event that I become a victim of an accident, isn’t the compensation money supposed to come to me? Will only the repair costs be paid?

About Compensation for Victims of Accidents

When you find yourself in an accident, especially as a victim, you may worry about how much money will actually remain in your hands.
Many people have questions about whether they will receive compensation or if it will only cover repair costs. In this article, we will explain this from a legal perspective in detail.

What is Compensation?

First, let’s clarify the term “compensation.” Compensation refers to the monetary payment for the mental suffering that a victim experiences due to an accident. For instance, if you are injured in a traffic accident, not only are your subsequent medical treatments and rehabilitation considered, but also the mental damage caused by the accident. Specifically, feelings of anxiety such as “What if I can’t return to my daily life?” or emotional pain every time you recall the accident serve as the basis for compensation. Of course, the amount paid varies depending on the circumstances of the accident and the victim’s situation, so it cannot be generalized.

Procedures After an Accident and Claiming Compensation

If you are involved in an accident, the first step is to call the police. An accident report is necessary and is important for subsequent procedures. Next, you should contact your insurance company. Depending on your insurance coverage, you can receive various forms of support related to the accident. What’s important here is the process of claiming compensation. You can claim compensation from the insurance company of the party responsible for the accident. This is only possible if the perpetrator has insurance, but generally, you will need to prove your damages and request an appropriate amount.

The Difference Between Repair Costs and Compensation

I also want to touch on the difference between repair costs and compensation. Repair costs are the compensation for the restoration of vehicles or items, and the exact amount incurred is clear. On the other hand, compensation is for emotional wounds, and since the amount is not specifically determined, it is difficult to calculate. For example, a friend of mine was involved in a traffic accident. Although he did not suffer major physical injuries, the emotional shock was significant. In his case, the medical and repair costs amounted to several hundred thousand yen, but the compensation he received was more than double that. This is what compensation for mental suffering looks like.

How is the Amount of Compensation Determined?

The amount of compensation is determined by several factors. First, the nature of the accident matters. The severity of the accident, the extent of the injuries, and the duration of treatment all influence this. Next, the age and occupation of the victim are also taken into account. For instance, younger individuals or those in their prime working years may receive higher compensation due to potential future income loss. Additionally, there are regional differences. The compensation rates can vary between Tokyo and rural areas, so the amount may change even for the same accident. While it’s best to confirm specific amounts through legal consultation, generally, compensation can range from several hundred thousand to several million yen.

When Can You Receive Compensation and When Can’t You?

So, can you receive compensation for every accident? Not necessarily. For example, if you also share some fault in the accident, your compensation may be reduced. Additionally, if you were unable to take time off work due to the accident or if your emotional distress is deemed minor, the compensation may be low or even zero. When a friend of mine suffered a serious accident, he had some fault, so initially, the compensation was low. However, after obtaining proof from his doctor regarding his rehabilitation and emotional suffering, the compensation was ultimately increased. This highlights the importance of keeping proper evidence and being able to make a legitimate claim.

Conclusion

Whether or not you receive compensation after an accident depends on the circumstances. However, fundamentally, you can claim compensation for the mental suffering caused by the accident. It is important to approach this legally to ensure that your pain is acknowledged separately from repair costs. If you find yourself in an accident, it is crucial to act calmly and follow the necessary procedures. And if you have concerns or anxieties, don’t forget to consult with a professional. Accidents can happen anytime and anywhere, but at the very least, you should have the knowledge to protect your rights. This is why I write about this topic.