- How you can solve issues relating to a traffic accident
The Procedures involved in solving Traffic Accident Problems
After a traffic accident, your whole focus should be on recovering yourself from the accident. With that being said, you must pay a close attention to what kind of treatment you are going to receive; You should always choose "insured medical treatment"(保険診療) over Non-insured medical treatment" (自由診療). If you choose "Non-insured medical treatment" (自由診療), it is more likely that you end up with less compensation.
After a traffic accident, your whole focus should be on recovering from the accident. With that being said, you must pay close attention to what kind of treatment you are going to receive; You should always choose "insured medical treatment"(保険診療) over Non-insured medical treatment" (自由診療). If you choose "Non-insured medical treatment" (自由診療), it is more likely that you end up with less compensation. If there is no possibility for the improvement of the symptom(s) you are suffering from by any medical treatment, compensation for the treatments and the times you miss your work will stop
If there is no possibility for the improvement of the symptom(s) you are suffering from by any medical treatment, what can you do?
１．Fixed symptom
When the symptom is fixed, the hospital treatment expenses and the compensation for absence of leave are discontinued from the insurance company, so after that, the compensation for the victim will be subsequently requested as a reward for the loss of the injury and a loss of profit.
２． Claims for victims of self-reparations and graduation of post-accident disability
The amount of damages is calculated based on the disability grade after the receipt of various records (medical fee statements, etc. ), criminal records submitted to the police or public prosecutors, etc., from the insurance company.
- Has been diagnosed as not falling under residual disability
- Not satisfied with the grade of disability
Ask your professional to analyze your certificate.You can file a complaint.
３．Acquisition of liability insurance benefits
Automobile liability insurance benefits are paid according to the grade.It is not uncommon for a grade to differ by more than 1 million to 10 million yen. Therefore, it is recommended that you consult experts prior to applying for a Grade Certification.
４．negotiation～settlement or trial
Present a settlement proposal to the perpetrator and select a final solution to decide whether to go to trial or not.In some cases, litigation may be instituted if the negotiation with the perpetrator fails to be concluded or if no settlement negotiation is held.In the case of a resolution to a traffic accident(fatal accident), if you bring a court and proceed to a court decision, you are entitled to "delay damages (5% per annum)" and "an increase by approximately ten percent in the name of attorneys'fees, " which are not available at the settlement stage.
５．To settlement, judicial settlement or judgement
If a settlement is reached or a trial is concluded, the accident as a case ends. However, the termination of the incident does not eliminate obstacles such as residual disability. Since the standard of compensation in Japan is by no means high, it is necessary to make every effort to obtain more compensation carefully and before settlement.
Why are people not satisfied with the recognition of residual disability?
It is probable that there are many victims of traffic accidents who"has been diagnosed as not falling under residual disability" or "not satisfied with the grade of disability". So why was the result unsatisfactory ? The reason for this is that there is a mechanism for recognizing resigual disability.
Not appropriately reviewed "Grade Certification System"
The occurrence of compensation for residual disability is determined by the recognition of the residual disability grade at the Office of Automobile Liability Damage Investigation. However, do you know that the "Grade Certification " that determines this is not appropriate ? Under the current accreditation system, we rarely examine victims directly or examine documents received from hospitals or other institutions.
And no further evidence will be sought in respect of any claim which appears to be inadequate. Due to the use of the authorization method of the Office of Liability for Casualty Damage Investigation, there are many cases of inappropriate authorization.
Few doctors are familiar with the residual disability grade
- The medical certificate is not accurate.
- Failing to recommend necessary inspections.
You'll have such complaints toward physicians. However, these results were never invited only by physicians.The doctor's responsibility is to treat the damage and not to warrant the grade of subsequent disabilities.In fact, many doctors do not have adequate knowledge of residual disability grade. It is victim's "right knowledge" that needs for resolution. Once you have become "Symptom Fixed" and have been rated as a residual disability, ask your expert to analyze the diagnostic report. We believe that the cause is immediately known why the certification is not satisfactory. If you have not applied for a grade certification yet, you can be advised of a "possibility of grade certification " and "how the probability of certification increases". For proper certification, we recommend that you check the contents carefully with the attorney.