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  • fuckedgaijin ‹ General ‹ Gaijin Ghetto ‹ F*cked Advice

Car Accident

Discuss legal, financial and medical issues, marriage, kids, divorce, property, business, death, taxes, etc. "Serious" topics only.
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Postby Mike Oxlong » Tue Jan 12, 2010 6:19 pm

I would concur with FGL that if the other driver was also over the yellow centre line, then he should be assessed at least some of the blame. For example, if he was 1 metre over, and you were two metres over, then he really should take a third of the blame. It's likely he has an advantage of a company pushing their insurance company to fuck you over. Any attempt you can make to balance things out should be made. You already got fucked at the accident scene not getting prompt medical attention. Don't let the fucking continue if there is any way you can take to protect yourself. A trusted friend or coworker to act as interpreter can really help you here. Not someone who will just cave because that's what they'd do, but someone who knows and respects you well enough to go to bat by accurately conveying your feelings, and pushing back in appropriate ways when you don't want to accept a bad deal. Don't let the bastards get you down!
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Postby Mike Oxlong » Tue Jan 12, 2010 6:25 pm

Traffic Accidents

What if you are involved in a traffic accident while in Nagoya? The Nagoya Calendar advises the following:

1. Write down all pertinent information regarding the other party.

2. Report the accident to the police. Traffic laws in Japan stipulate that victims of accidents are obliged to report to the police. A certificate is also necessary to receive any compensation from insurance companies. Upon arrival at the scene of the accident, the police officer will record the circumstances of the accident, which will be filed with the Jidosha Anzen Unten Center (Automobile Driving Safety Center). You can obtain a copy of the certificate by mail by filling in a request form available at the police station. There is a fee. The center may be reached at (052) 954-8930.

3. Have a medical check up.

4. Hold consultations as necessary. Beware if the other party evades responsibility and does not negotiate in good faith, or offers to strike a separate deal. If you encounter such a situation, you can contact (in Japanese) the Nagoya City Traffic Accident Consultation Office at (052) 951-6622, or the Automobile Insurance Claim Consultation Center of the Japan Damage Insurance Association on the 9th floor of the Nagoya International Center. The association can be reached at (052) 583-9755 between 9:30-12:00 and 1-5:00 pm.

http://nagoya.usconsulate.gov/wwwhn-information.html

That's for Nagoya, but the general rules apply nationwide, AFAIK. Check out equivalent agencies in your area.
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Postby Taka-Okami » Tue Jan 12, 2010 6:31 pm

Mike Oxlong wrote:Traffic Accidents

What if you are involved in a traffic accident while in Nagoya? The Nagoya Calendar advises the following:

1. Write down all pertinent information regarding the other party.

2. Report the accident to the police. Traffic laws in Japan stipulate that victims of accidents are obliged to report to the police. A certificate is also necessary to receive any compensation from insurance companies. Upon arrival at the scene of the accident, the police officer will record the circumstances of the accident, which will be filed with the Jidosha Anzen Unten Center (Automobile Driving Safety Center). You can obtain a copy of the certificate by mail by filling in a request form available at the police station. There is a fee. The center may be reached at (052) 954-8930.

3. Have a medical check up.

4. Hold consultations as necessary. Beware if the other party evades responsibility and does not negotiate in good faith, or offers to strike a separate deal. If you encounter such a situation, you can contact (in Japanese) the Nagoya City Traffic Accident Consultation Office at (052) 951-6622, or the Automobile Insurance Claim Consultation Center of the Japan Damage Insurance Association on the 9th floor of the Nagoya International Center. The association can be reached at (052) 583-9755 between 9:30-12:00 and 1-5:00 pm.

http://nagoya.usconsulate.gov/wwwhn-information.html

That's for Nagoya, but the general rules apply nationwide, AFAIK. Check out equivalent agencies in your area.



Normally you straight to the cop shop after to sign a statement. What did you sign Big Booger??????????????????????? IF you have signed off that your 100% then your screwed.
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Postby Big Booger » Tue Jan 12, 2010 7:09 pm

Taka-Okami wrote:Normally you straight to the cop shop after to sign a statement. What did you sign Big Booger??????????????????????? IF you have signed off that your 100% then your screwed.


He filled out the form in Japanese but my friend with me translated most of what was written but not perfectly. I signed that statement as did my friend. More than likely I am 100% at fault but I don't want to be charged for any criminal shit because I wasn't negligent. I was trying to avoid killing a cyclist and wound up in an accident due to that fact.
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Postby Taka-Okami » Tue Jan 12, 2010 7:21 pm

Big Booger wrote:He filled out the form in Japanese but my friend with me translated most of what was written but not perfectly. I signed that statement as did my friend. More than likely I am 100% at fault but I don't want to be charged for any criminal shit because I wasn't negligent. I was trying to avoid killing a cyclist and wound up in an accident due to that fact.


Hopefully you didnt sign anything that would lead to criminal shit. When I did mine it was only myself and the dude I hit. Luckily the cops wrote down the statement fully in hiragana so atleast I could read it myself and sign off on it.
Good luck with it.
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Postby TennoChinko » Tue Jan 12, 2010 7:31 pm

I don't know if anyone has mentioned it already, but I think you definitely need to look into seeing whether there is a decent lawyer out there - via referral from your friends, colleagues or acquaintances - who can help assert your rights and situation with the police, both insurance companies and as well as whomever is administering your health insurance.

There have been cases where people have been completely without blame in an accident but for a number of various reasons (eg. the victim is a foreigner, lower on the socio-economic scale and/or simple unfairness at work), they have been asked to bear a good portion of the financial blame by the cops and often the insurance company. Some people take it up the ass and complain about it later. Others assert themselves using their "black belts" in NihonGo or find more articulate assertive allies to push back. If uncertain how to proceed, a good lawyer might be a time-efficient solution.
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Postby Big Booger » Wed Jan 13, 2010 11:22 pm

Well now AXA direct is fucking me over . I want my ETC and NAvi back from my car. But they won't let me get them. They say it's because the vehicle is now AXA's possession since they are going to pay me for it. But I told them while the car may be their's the contents inside still belong to me. But they say the ETC and Navi are part of the car... I say they were added customizations that I added myself. What the fuck do I do now? I want my fucking ETC and navi back!
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Postby Mulboyne » Wed Jan 13, 2010 11:43 pm

Big Booger wrote:Well now AXA direct is fucking me over . I want my ETC and NAvi back from my car.

It's a tricky one. If someone had broken into your car and stolen your NAvi, would it have been covered by your car insurance? If so, then that's probably why AXA considers them part of the car.
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Postby FG Lurker » Wed Jan 13, 2010 11:56 pm

Big Booger wrote:Well now AXA direct is fucking me over . I want my ETC and NAvi back from my car. But they won't let me get them. They say it's because the vehicle is now AXA's possession since they are going to pay me for it. But I told them while the car may be their's the contents inside still belong to me. But they say the ETC and Navi are part of the car... I say they were added customizations that I added myself. What the fuck do I do now? I want my fucking ETC and navi back!

Start pushing them to repair the car for you instead of paying you off. They won't want to do this so you can then push them to up the payment they make.
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Postby waruta » Thu Jan 14, 2010 12:02 am

Big Booger wrote:Well now AXA direct is fucking me over . I want my ETC and NAvi back from my car. But they won't let me get them. ....


Receipts? For both the Navi and ETC? Or even the car purchase agreement showing that no extras such as Navi and ETC was installed? Worst case, check the maker/model of both your Navi and ETC, since in Navi's case, when they come with the car, they are usually OEM and never branded with a known maker's seal (e.g. Panasonic, Sony etc..) Ask AXA about this, (forcefully) for instance, when did Toyota start including Panasonic Navi's in their cars? If you pay for the car instead of trying to fix it, then you pay for the factory upgrade equivalent of a Navi + ETC etc, etc...

While I know in the States you can buy back the car from insurance (like I did from State Farm after I totalled my Impala) for pennies on the dollar, I'm not so sure about Japan. Where is the car stored currently? For instance, at the police impound? A local garage? Can you ask them to bring it to a friendly (in your case) garage so that they can "estimate the cost of repairs" while taking out your "stuff" (e.g. the navi and etc?)

Good luck mate.
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Postby Big Booger » Mon Jan 18, 2010 10:39 pm

Update:

I got the ETC but not the Navi. Fuck it. Let them have it. Now I am dealing with the insurance adjuster and getting my cash for the full coverage of my vehicle. Once gotten, I'll start the process of getting a new car. Oh fucking joy to that.
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Postby Ketou » Mon Jan 18, 2010 10:44 pm

If the car is a total write off it will likely go to a scrap dealer...if it is in a repairable state it could well end up at one of the auto auctions.
We buy accident cars every now again, there are plenty going through the auctions all the time.
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Postby Catoneinutica » Mon Jan 18, 2010 10:58 pm

Say, BB, since you're in an updatin' mood, what ever happened with that toxic girlfriend you have/had?
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Postby Big Booger » Tue Jan 19, 2010 12:11 am

caton,
Man she is still slightly in the picture. But not really. I have now moved on to two others, one's a 26 year old advertising editor, and another is a 27 year old export representative for a Mitsubishi Heavy Industries. But that toxic girl emails me daily. I wound up taking her on a snowboarding trip and all sorts of shit. I doubt I can ever get rid of her, but oh how I dearly wish I could. I am just dating these other two, we've not done any romantic shit at all. Basically i am sort of scared to get into another whacked out girlie... so I am taking my time.
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Postby Big Booger » Fri Mar 26, 2010 9:03 am

Well I have crashed my Vette. I flipped it in a field. The tires were worn on the back and I had been planning to go have new ones put on next month, but looks like now I may be throwing this car away or parting it out.

I had to be transported by ambulance and my neck is sore as fuck. My ear is about partially ripped off and I will be going to have that checked now.

My question is this, since I didn't hit anyone, and didn't destroy anything but my own car, will this affect the licensing points at all for me? I wasn't speeding or anything like that, it was just a slippery road and a bad set of tires.

The cops called me this morning while I was in the shower but I don't have enough confidence to talk to them in Japanese so I will get my friends to do it for me.
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Postby Mulboyne » Fri Mar 26, 2010 9:09 am

Big Booger wrote:...My question is this, since I didn't hit anyone, and didn't destroy anything but my own car, will this affect the licensing points at all for me?...

Mate, I don't have an answer for you but, reading your account, I'm just glad you're here to ask the question.
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Postby FG Lurker » Fri Mar 26, 2010 10:04 am

Big Booger wrote:Well I have crashed my Vette. I flipped it in a field. The tires were worn on the back and I had been planning to go have new ones put on next month, but looks like now I may be throwing this car away or parting it out.

I had to be transported by ambulance and my neck is sore as fuck. My ear is about partially ripped off and I will be going to have that checked now.

:shock: Damn BB, glad you're okay. I suggest for your next car you follow the Tsuru line of thinking and buy a Volvo.

Big Booger wrote:My question is this, since I didn't hit anyone, and didn't destroy anything but my own car, will this affect the licensing points at all for me? I wasn't speeding or anything like that, it was just a slippery road and a bad set of tires.

I don't know for sure, but I suspect it hinges on if they think you were being reckless or were just unlucky.
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Postby Yokohammer » Fri Mar 26, 2010 10:59 am

Jeepers BB! Accident prone?

I have no idea how this works, but there's a chance that the police will notice that this is your second smash-up in as many months and not give you much slack.

I sincerely hope you're OK, but my recommendation for a future vehicle would be something SAFE! Something that doesn't have more power than you need on the Japanese road system.

Take care, please.
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Postby Mike Oxlong » Fri Mar 26, 2010 11:00 am

With two accidents pretty close together, they might suspect you're a reckless driver. I don't know if the insurance issues for the other accident are all sorted out and finalized, but if the other driver from previously claimed that you were at fault, and then you have this accident a short while later, it could look bad for you...
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Postby Screwed-down Hairdo » Fri Mar 26, 2010 11:39 am

BB, I hope you're all right.
Fuck, look out for yourself when you get behind the wheel of a car (and make sure I'm nowhere near the roads when you do). You've gotta be the unluckiest (maybe luckiest?) driver I know.
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Postby Taro Toporific » Fri Mar 26, 2010 12:03 pm

Big Booger wrote:...will this affect the licensing points at all for me? I wasn't speeding or anything like that, it was just a slippery road and a bad set of tires...
In a rational, high-tech Japan, the police would immediately notice the two accidents and cite you for "something." However you might get lucky--I drove a car without a shaken for 2 years and the cops didn't notice it when they gave me TWO different verbal warnings for illegal U-turns.

Twenty years ago, I got cited for 'careless driving' (minus 3 points) rather than 'reckless driving' (minus 14 points) in a similar situation where I only damaged my own car on an empty public road (watching three cute squirrels fucking each other).

Also I really can understand how your Vette could have skidded out on you. In the States, I have a big-block El Camino SS and in the slightest spit of rain the rear end will spin out. It's so tricky, my step brother won't let me drive it because it's on his multi-car, multi-driver farm policy.
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Postby Catoneinutica » Fri Mar 26, 2010 12:55 pm

Taro Toporific wrote:In a rational, high-tech Japan, the police would immediately notice the two accidents and cite you for "something." However you might get lucky--I drove a car without a shaken for 2 years and the cops didn't notice it when they gave me TWO different verbal warnings for illegal U-turns.

Twenty years ago, I got cited for 'careless driving' (minus 3 points) rather than 'reckless driving' (minus 14 points) in a similar situation where I only damaged my own car on an empty public road (watching three cute squirrels fucking each other).

Also I really can understand how your Vette could have skidded out on you. In the States, I have a big-block El Camino SS and in the slightest spit of rain the rear end will spin out. It's so tricky, my step brother won't let me drive it because it's on his multi-car, multi-driver farm policy.


Heh. I drove "off the grid" for about five years here - on an int'l drivers' license.

BB, I'm assuming this wasn't connected with pills or booze, but if it was...more troubles lie ahead - including but not limited to death and deportation.

-catone
-actually, when it's Japan from you're being deported, deportation becomes a kind of anti-death (well, unless you're that Kurdish guy who's facing deportation to Iran). So I guess if you can manage to die and get deported at the same time, the two will cancel out and you'll be fine.
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Postby TennoChinko » Fri Mar 26, 2010 2:09 pm

Catoneinutica wrote:Heh. I drove "off the grid" for about five years here - on an int'l drivers' license.
.....


Can one still get away with doing that?
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Postby Greji » Fri Mar 26, 2010 2:59 pm

They usually will not cite anyone for an accident that only involves you and your own car. You will be charged for any damages done. Fencing, roadpoles, etc.

They do have a point assessment for being in an accident, but whether they assign it or not, is up to who ever covered the scene. Normally, if there in a solo accident with property damage, they will assess a maximum of 2-3 points, as appropriate.

Here is an English Chart made by Ibaragi Prefecture that is the closest to being understandable........


If you're a glutton, here is a J-language version for penalties that might be somewhat dated:

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Postby Catoneinutica » Fri Mar 26, 2010 3:11 pm

TennoChinko wrote:Can one still get away with doing that?


Sure - as long as you don't get caught. ;)
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Postby FG Lurker » Fri Mar 26, 2010 4:37 pm

TennoChinko wrote:Can one still get away with doing that?

The short answer is "No."

The longer answer is that in 2002 the law was changed because too many J-nationals were losing their J-license and then heading overseas to get a US (or other country) license and then driving on that + international license in Japan. When the international license expired they would head back to Guam (or wherever the license came from) and get another international license. Some people were even renewing their international licenses by mail order. A healthy number of gaijin were doing the same thing. Prior to the 2002 law change this was technically legal.

Now you have to stay out of Japan for 90 days before you are allowed to drive on an international license. So, the first time you arrive you get 12 months on an international license, but you can only renew that if you leave Japan for 90 days. If you do not leave for 90 days (and it is pretty clear from your passport either way) and get caught you are considered to be driving without a license. The penalty for this is 19 points and up to a 300,000yen fine or 1 year in prison. The 19 points get applied to your Japanese license if you decide to get one, and it means you get hit with a 1 year license suspension immediately from the day you get your Japanese license.
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Postby Mike Oxlong » Wed Mar 31, 2010 5:23 pm

How'd talking to the fuzz go?

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Postby Taro Toporific » Wed Mar 31, 2010 6:42 pm

Greji wrote:Here is an English Chart made by Ibaragi Prefecture that is the closest to being understandable........


From that Engrish Chart:
"Muddy driving [fine] 6,000yen" Image(WTF)


I cannot find the penality for my current personal favorite, "Driving without a shaken" :devil2: .
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Postby dimwit » Wed Mar 31, 2010 9:56 pm

Taro Toporific wrote:From that Engrish Chart:


I cannot find the penality for my current personal favorite, "Driving without a shaken" :devil2: .


Lack of a driving log? Causing a disturbance to children? Failure to display accident signs? This is about the most bizarro traffic code I have ever seen. Why would running a red light result in the same number of points as illegal parking? For that matter why are tailgating and making illegal turns only one point offenses. What difference would it make if you were drunk? It is almost as if they made up to traffic rules randomly with no concern about how or if they might effect traffic safety.
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Postby Coligny » Thu Apr 01, 2010 9:59 am

dimwit wrote:Lack of a driving log? Causing a disturbance to children? Failure to display accident signs? This is about the most bizarro traffic code I have ever seen. Why would running a red light result in the same number of points as illegal parking? For that matter why are tailgating and making illegal turns only one point offenses. What difference would it make if you were drunk? It is almost as if they made up to traffic rules randomly with no concern about how or if they might effect traffic safety.



My thought exactly...
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