Question from a reader:
In a traffic accident where the other party is 80% at fault and I am the only one injured, the other party’s insurance company suggested that I submit a medical certificate to the police and switch to a personal injury case. Should I switch to a personal injury case?
Background of the Reader’s Question
Traffic accidents are unfortunate
events that can happen to anyone, and particularly when the other party is clearly at fault, appropriate responses are required. In this case, the other party is 80% at fault and I am injured, and the insurance company has recommended switching to a personal injury case. In such a situation, let’s consider whether switching to a personal injury case is appropriate and what the subsequent procedures and impacts might be.
Benefits of Switching to a Personal Injury Case
By being treated as a personal injury case, there are several benefits:
1. Medical Expense Coverage
Switching to a personal injury case means that medical and transportation expenses will be covered by the other party’s insurance company. This can significantly reduce the financial burden, especially if the injuries are severe or require long-term treatment. As long as the expenses are within the limits recognized by the insurance company, all treatment costs will be fully covered, allowing for peace of mind in receiving treatment.
2. Compensation for Aftereffects
If you switch to a personal injury case, it becomes easier to receive compensation for any aftereffects that may remain. Since the necessary documents and procedures for claiming insurance differ when aftereffects are present, it is advisable to switch to a personal injury case as soon as possible.
3. Psychological Peace of Mind
Experiencing a traffic accident brings not only physical pain but also mental stress. Being recognized as a personal injury case clarifies the other party’s fault, providing psychological peace of mind. This can make it easier to focus on recovery.
Drawbacks of Switching to a Personal Injury Case
On the other hand, there are also drawbacks to switching to a personal injury case.
1. Complexity of Procedures
When handled as a personal injury case, it is necessary to report to the police and submit a medical certificate. This can complicate the procedures, requiring time and effort. Additionally, police investigations and interactions with public agencies may be necessary, which can also lead to stress.
2. Relationship with the Insurance Company
Increased communication with the other party’s insurance company may lead to potential disputes. Particularly when the insurance company is negotiating a settlement, there may be differing perceptions regarding the other party’s fault, necessitating careful handling.
Comparison with Other Options
Deciding whether to switch to a personal injury case should be considered in comparison with other options. For example, if handled as a property damage case, you would need to use your own insurance for injuries, which could lead to a greater financial burden.
1. Benefits and Drawbacks of Property Damage Cases
Handling it as a property damage case makes the procedures relatively simple, but the drawback is an increase in out-of-pocket expenses. Especially if the medical costs for injuries are high, future financial burdens need to be considered.
2. Importance of Medical Opinions
It is also important to determine whether to switch to a personal injury case after receiving a medical diagnosis. Doctors can provide advice regarding the severity of injuries and treatment methods, making it essential to consider expert opinions.
Industry Background and Impact
Laws and insurance systems regarding traffic accident handling vary by country and region. Japan’s insurance system, particularly in terms of medical and automobile insurance, is well-developed, making it easier to receive compensation for injuries when utilized properly. Moreover, in the entertainment industry, issues related to traffic accidents and injuries cannot be overlooked. For instance, if a celebrity is involved in a traffic accident, the impact can be significant, leading to their agency or manager being overwhelmed with responses. This can disrupt the talent’s activities and promotions, highlighting the need for proactive risk management.
Future Trends and Considerations
It is expected that methods of handling traffic accidents and insurance systems will continue to evolve. Particularly with advancements in autonomous driving technology, the incidence of accidents may decrease. However, compensation and handling in the event of an accident remain important issues. Additionally, as online procedures and information sharing progress, the processes following an accident may become simplified. By paying attention to such technological advancements and utilizing them, more efficient responses may become possible.
Practical Advice
Finally, here are some practical pieces of advice for when you are involved in a traffic accident: 1. Seek a medical diagnosis: Regardless of whether you are injured or not, it is essential to receive a diagnosis from a medical institution. This is important to prevent issues from arising later. 2. Maintain close communication with the insurance company: It is vital to communicate with the other party’s insurance company and proceed with the appropriate procedures. If you have any questions, do not hesitate to ask. 3. Preserve evidence: Keeping records of photos from the accident scene, information about the other party, and contact details of witnesses can help prevent future disputes. 4. Act calmly: Emotions can run high after an accident, but it is important to respond calmly. Take your time to act.
Summary and Message to Readers
Traffic accidents are unexpected events, and especially when injuries are involved, they can bring about many anxieties. When the other party is 80% at fault, switching to a personal injury case has many benefits, but there are also drawbacks. Ultimately, it is important to make a careful decision based on your own situation and the opinions of medical professionals. I encourage everyone to ensure appropriate responses if you or someone around you is involved in a traffic accident. If you have any opinions or experiences regarding this topic, please feel free to share. Your experiences may help others.
