Understanding Percentage of Fault in Car Accidents

car accident japan

When you find yourself in a car accident, negotiating with the other party’s insurance company becomes critical for several reasons:

Settlement Reduction Attempts:
The insurance company may try to minimize the settlement amount you receive.

Challenges in Fault Determination:
Even if you believe you are not at fault, insurers might argue otherwise, citing reasons such as the movement of your vehicle.

Challenges for Foreigners:
Foreigners may encounter additional challenges as insurance representatives may exploit their unfamiliarity with Japanese regulations to negotiate more favorable terms for themselves.

Fault Percentages Can Vary:
It’s important to note that assigning fault percentages, including scenarios where both vehicles are in motion, can result in a zero percent fault for the victim.

Given these complexities, especially for non-Japanese speakers:

Consulting an Attorney is Advisable:
Seek legal advice promptly after an accident to navigate fault percentages and protect your rights effectively.

Involving the Police:
Always call the police (110) to document the accident. Failing to do so could complicate future damage claims. However, the police are not experts in civil cases (claims for damages), so even if a police officer mentions the percentage of fault, it does not necessarily mean that it is correct (rather, note that there are many police officers who state the wrong thing).

See also:
Car Accident in Japan

Published by

Kei Sumikawa

Attorney at Law (Sumikawa Law Office), Kawasaki city, Japan