Motorcycle crash...insurance question

[milk]

Just got in a pretty major accident today on my bike
1) went to hospital in ambulance, got x-rays
2) tried to figure out how to pay (bike insurance/japanese NHI, or just pay cash first), and eventually settled on just paying cash for now to avoid boosting my insurance rates.
3) the person who hit me showed up at the hospital with her insurance agent and they took me to the police station. seemed incredibly friendly of them, but a little suspicious too. The agent kept trying to tell me that I had probably locked my breaks. Maybe he was looking for a way to get his 30%
4) police took down my story and tried to get me to admit that I was at fault, telling me in Japan no one is 100% right, even if I think I was 100% safe and did everything I could to avoid the crash, which I did...I held my ground and stuck by my story.
5) the police officers asked me a question about the person who hit me, which I couldn't understand but it sounded like whether or not I wanted to press charges so I laughed it off and said no way. She's human, and I'm sure she wasn't trying to hit me on purpose.
6) Now I'm wondering if they were asking me whether or not I wanted to get some compensation from her for negligence (which of course I do...)

So, just wondering, now that I'm home from the big crazy fucked gaijin day, what the things are that I should look out for now (with insurance company agents from both sides, bike shop staff for my bike damage assessment, doctors and medical coverage, etc.)

Lots to think about. my head is still spinning from the accident, literally. neck hurts and can barely walk.

Tomorrow's gonna be worse. Hope someone can offer some advice out there...

Thanks for reading.

Milkman

[milk]

What to do with all the different agents, doctors, bike shop repairmen, and police trying to find the way to show I was at fault, while I'm positive I had the right of way and actually slowed down to get out of the drivers way, and she sped up when she saw me (out of panic?) ...and sent me to the hospital.

Now I'm actually really hurt and need to get compensation/covered for lost bike/lost time/damage to personal items? But my Japanese isn't good enough to make sure I get out of this with my interests and needs in tact. Obviously I need someone to help me (girlfriend or someone close to me) but is there anything people can warn me about?

Any advice from someone out there who knows the story for this situation, I would love to hear about your experiences...

[gkanai]

This is the wrong place to ask for advice on this topic.

Try:

http://groups.yahoo.com/group/Tokyo_Riders/

and

http://www.gaijinriders.com/Forum/

[Mike Oxlong]

In Japan, generally speaking, the larger vehicle bears the greater responsibility in an accident. Pedestrian trumps bicylce trumps motorcycle trumps sub compact trumps regular passenger car trumps large vehicles.

You are likely due some form of compensation. Get someone who can interpret to assist you asap. Do not let the other driver off without charges. Follow the links given in the previous post, get someone you trust (not someone who will color or otherwise alter the translations), and get on it!

[Mike Oxlong]

>>> http://cartrader.at.infoseek.co.jp/lesson1-e.htm <<<

It appears that a lot of city offices and such have some sort of traffic accident consultation services.

[milk]

But do I need to go back to the police and say I want to press charges for compensation and personal injury? Or does that compensation come back to me regardless of whether or not I claim to the police that she really messed up and ruined my life? The bike is going to the shop and it will get repaired/junked. I'm going to keep rehabbing and get that paid for too. Guess it should be alright, either way. I'm not trying to take her down. I just want what's right for me.

My insurance company (AXA) has been really helpful today, providing me with a lot of 'unofficial advice'. They said it has to be this way for now because once I officially ask them to handle my case (to take over the negotiations etc.) I automatically consent to my being partially at fault. Even if its just 5 or 10%. It means a lot in the end, when its time to renew ins. policies and things.

So for now I'm sticking to my honest belief that I was 100% in the right of way, and that the person showed negligence.

And hey gkanai, why isn't this the place to ask these questions? I feel like I'm more than a bit fucked right now, and need advice. Thanks for the links though. I looked and they were about the same as here. I appreciate your suggestions.

Now to press charges, or not?

[Mike Oxlong]

Dunno. Depends if you can get the other party/their insurance co. to compensate you adequately voluntarily or not. My guess is not, but I'd be spending my time with my local consultation office (and interpreter in your case).

[gkanai]

And hey gkanai, why isn't this the place to ask these questions? I feel like I'm more than a bit fucked right now, and need advice. Thanks for the links though. I looked and they were about the same as here. I appreciate your suggestions.

Now to press charges, or not?

Because only a small fraction of people on FG have experience on 2 wheels. If you want advice from people who've been in your situation, please consider those two communities.

[IkemenTommy]

What's the point of an insurance if you sign up AFTER you get in an accident?

[TennoChinko]

If you are on NHI as you indicate - the premiums are based on your previous year's income ... and completely unaffected by your claims.

While you indicated you did not press charges, you really need to make certain you get a proper statement from the police. If the other driver was negligent, I would make absolutely certain the police report indicated it as such. Otherwise you will have the insurance firm immediately insisting that you were just as much at fault as their client - and super lowball you.

The basic principles for negotiating a claim are similar to the US:

1. Never admit fault
2. Never sign anything until you are completely certain of the full extent of all your injuries - physical, emotional and also other costs such as time missed from work etc.; the one strange thing about claims on physical injuries is that the size of the claim is not most affected by the extent of the injuries but by how many times you make visits to the hospital (clinics are not as good for some reason).
3. Document everything in bound notebooks including all your physio etc.
4. Getting a good lawyer can suddenly dramatically "improve" the attitude of the insurance firm.

Also, there is never any reason to concede to "but this is Japan, so please gaijin-san you must pay".