Hakodate FG Suing Everyone She Can

[Mulboyne]

[floatr][/floatr]Kodo via Japan Today: U.S. woman injured in accident in Japan files suit with U.S. court
An American woman injured in a car accident in northern Japan has filed a lawsuit with a U.S. court seeking about $95 million in damages largely from a Japanese insurance firm which she alleges provided false information about the driver who caused her injury, the woman's husband said Wednesday...The 39-year-old woman has also demanded compensation from the car driver and the insurance firm's supervisory authorities, such as the Financial Services Agency. The woman and her husband have also filed a separate lawsuit against the car driver with the Hakodate District Court, seeking about 90 million yen in compensation.

[Socratesabroad]

I'm really confused about this one...

If the American's a short-termer/military, she's probably covered by a foreign or multinational insurance firm. Otherwise...

1) Can anyone explain exactly how this woman has grounds for a suit in the US?

2) Even if she files in the US, wouldn't Japanese law and traffic laws specifically apply?

3) Assuming by some quirk of fate she wins, how will the judgement be enforced?

The affair might make sense if the woman's insurance co. sues the Japanese insurance co., but that seems unlikely given the details thus far.

While I found info on whether a court in Japan may exercise its jurisdiction over the United States, I found nothing on the reverse. Anyone care to enlighten me?

[amdg]

[maninjapan]

Man this is gonna be funny!

If its anything like the child custody law then a generic sentence will be handed down and nothing will be enforced.

[Socratesabroad]

[Tommybar]

About 6 years ago, a buddy of mine was out drinking. He ended up in a bar were some Yak Shyate (Chinppira) and his bozozoku were hanging out. My buddy did something that embarrassed the Shyate (not realizing who this guy or the other guys were). He then figure things out and left on his motorcycle. Well, one of the bozos decided he was going to make a name for himself and revenge the honor of his Shyate.

The bozo went to a friend's house demanding the keys to the friend’s car and went looking for my friend. When he found him, the bozo ran my buddy into a guard rail where his head slid on the top of the guard rail hitting 5 posts which supported the rail. The final post caught his chin squarely and completely destroyed his jaw. The bozo took off and drove the car to a train station and left the car abandoned in the middle of the road. A JN saw this and called an ambulance.

The bozo was caught and sentenced to 2 years in prison. Although the insurance company paid my buddy for medical costs and loss of wages (they waited till the recovery was complete before paying ANY medical costs so my buddy had to cover it all out of pocket till then, 3 years) he has never received a dime in pain and suffering. He has even taken the insurance company to court and lost. When the Bozo got out of jail, my buddy sued him. The Bozo stated in court he will never pay a dime to my buddy. We are still waiting for the court’s response.

[American Oyaji]

Thats when we apply some good old southern justice

[Tommybar]

Mob justice was what I first proposed, but he felt he would get justice from the courts. I feel he made the wrong choice. But it is still not too late.

[Behan]

Tommybar, that's horrible. Two years seems way too light for that. That would qualify as attempted murder, wouldn't it?

[Greji]

Tommybar, that's horrible. Two years seems way too light for that. That would qualify as attempted murder, wouldn't it?

Why? It was only a gaijin. If there had not have been witnesses, he would have probably only received a traffic ticket!

[Behan]

How many points for a gaijin?:)

[D.]

You'll note that the couple have also filed suit in Japan. If the couple is using decent lawyers, I would imagine that they are aiming for an out-of-court settlement with the insurer. Fuji Fire and Marine probably also does business in the States and can't want this story widely circulated. That being said, I would not be surprised to see this case get tossed out of court in the US on grounds of jurisdiction and the fact that the case hasn't even gone through the Japanese court system yet.

[Mulboyne]

Mainichi: U.S. court dismisses lawsuit filed by woman over traffic accident in Japan

A U.S. court has dismissed a case filed by an American woman living in Japan who demanded 95 million dollars in damages over an insurance company's refusal to provide information relating to a traffic accident, it has been learned. The 39-year-old woman, who lives in Hakodate, had filed the lawsuit in the U.S. District Court in New Mexico, demanding 95 million dollars (about 11.3 billion yen) in compensation from The Fuji Fire and Marine Insurance Co. and other parties including the Financial Services Agency, which supervises the Osaka-based insurance firm. The woman said that the insurance firm, which was representing a person who caused damage in a traffic accident, had refused her request for information on the accident. She has reportedly filed an appeal against the district court ruling. The traffic accident occurred in Sapporo, and the woman filed the lawsuit in New Mexico, where her hometown is located.

[amdg]