Accident lawyer

[chibaka]

Fellow FG, can anyone recommend a lawyer with experience in traffic accident compensation? There are some listed on the UK embassy site but I've no idea if they are any good or not. Tokyo or Chiba area preferably, English speaking definately prefered.
Approaching settlement time and trying to avoid getting farked.....

Thanks

[Russell]

Are you gonna pay or being paid?

[chibaka]

Be paid, other guy at fault, need to make sure I get maximum compensation

[matsuki]

My boss got more out of his accident (year or so ago) by refusing to get an attorney and playing dumb/dragging his feet. Attorneys prefer to deal with other attorneys and the other insurance company chose to give in rather than let it drag out and pay off his demands to their attorney instead.

[legion]

Be paid, other guy at fault, need to make sure I get maximum compensation

it is rarely completely the other guy's fault in Japan

unless you were stopped at a traffic light and the other guy rear ended you or similar

it's a division of blame, in my experience decided by the insurance companies with the cops looking over

[chibaka]

Be paid, other guy at fault, need to make sure I get maximum compensation

it is rarely completely the other guy's fault in Japan

Yes I know about the Japanese fault nonsense, however the other guy ignored a stop sign, the only way I could have avoided the accident would have been to stay at home. He put his hands up and so far his insurance company have been OK, paid for my bike, 2 operations and nearly 2 years of rehab....

Web research so far indicates using a lawyer gets better results but I haven't heard any info first hand hence my question.

[Coligny]

You are assuming he was also in a vehicle...

While car vs car always make you guilty for just being there. Car to bicycle and car to hooman is usually another matter.

[chibaka]

For info, I was on a motorcycle, he was driving a car.

[legion]

Yes I know about the Japanese fault nonsense, however the other guy ignored a stop sign, the only way I could have avoided the accident would have been to stay at home. He put his hands up and so far his insurance company have been OK, paid for my bike, 2 operations and nearly 2 years of rehab....

Web research so far indicates using a lawyer gets better results but I haven't heard any info first hand hence my question.

So you got 10-0 on the division of blame?

[chibaka]

Who decides that?
Costs so far have been met by his insurance, plod hauled his ass to court, I don't care if it's 10~0 or anything else as long as I get a satisfactory payout.
If insurance company tries to reduce any offer to reflect my fault for being there, then that's where a lawyer comes in.

Ultimately it comes down to ¥¥¥¥, been here too long to expect any kind of logic to be applied. Except of course the Japanese version, I was there, so I must be at fault somehow.

[matsuki]

Did he spend some time locked up? Was he drunk or otherwise inebriated?

[chibaka]

Did he spend some time locked up? Was he drunk or otherwise inebriated?

I have no idea what happened to him. Last time I saw him I was on the ground checking if I was in one piece. I wanted to get up and beat the shit out of him but my leg was pointing in a different direction to where it should have been pointing. Then I was taken by helicopter to hospital.

When a cop visited me in hospital he didn't say much, except help me make a statement, actually making sure it looked bad for the guy. Accident was around 4pm so I don't know if he had been drinking, but I suspect he may have been using a keitai as he didn't even slow down before the junction, just wiped me out. That much I do remember.

So his fate I neither know nor care, just I know I did nothing wrong, except have the audacity to be somewhere at the wrong time.
Just checking out the lawyer situation to cover my ass.

[legion]

Who decides that?
Costs so far have been met by his insurance, plod hauled his ass to court, I don't care if it's 10~0 or anything else as long as I get a satisfactory payout.
If insurance company tries to reduce any offer to reflect my fault for being there, then that's where a lawyer comes in.

Ultimately it comes down to ¥¥¥¥, been here too long to expect any kind of logic to be applied. Except of course the Japanese version, I was there, so I must be at fault somehow.

As I recall when I crashed my bike (guy turned into my path at night from a queue of traffic with no lights on and no signal) his insurance company rep made an offer based on the police report. It was over 10 years ago so my memory is a little fuzzy. I think the hospital bills are divided by this.

The compensation is calculated according to the severity of the injury (decided by the hospital) multiplied by the number of times you visit the hospital & the time you have to take off work. They also pay your taxi fares to work and hospital. Japanese people milk it for what it is worth, by taking time off work and going to hospital as often as possible.

[chibaka]

The compensation is calculated according to the severity of the injury (decided by the hospital) multiplied by the number of times you visit the hospital & the time you have to take off work. They also pay your taxi fares to work and hospital. Japanese people milk it for what it is worth, by taking time off work and going to hospital as often as possible.

Yes, the actual calculation is ￥4200 x hospital/rehab visits x 2, OR ￥4200 x number of days from accident until recovery.
I do not intend to trust the Japanese logic system therefore will consult a layer.

Obaa chan with a bruised arse and 200 rehab trips is not the same as a badly broken leg and 200 rehab trips. Having already experienced a mediocre rehabilitation system and doctors bordering on incompetent, nothing is being left to chance.
I sincerely hope the legal profession is better.....

Fucked gaijin is an apt description I fear

[Samurai_Jerk]

Having already experienced a mediocre rehabilitation system

Physical therapy here is ridiculously bad. It really makes me angry.

[chibaka]

Physical therapy here is ridiculously bad. It really makes me angry.

Like everything else here, it's a system, not a true service. Everyone gets the same treatment, traffic accident victim with broken leg or obaa chan with a sore arse. Really is frustrating.

[matsuki]

I'll third that...procedure set in stone and all I got was "advice" and some torn fabric tied into a makeshift sling. Italian buddy saw me the next day and was like "You got that shit from a hospital?! Fucking Japan!"

[Screwed-down Hairdo]

Having already experienced a mediocre rehabilitation system

Physical therapy here is ridiculously bad. It really makes me angry.

I kinda like the massages that have happy endings...

[Coligny]

Not covered by nationnul health care...

[chibaka]

Not covered by nationnul health care...

I met a nurse a few years ago, she didn't charge me, does that count as government subsidized?

[FG Lurker]

I'm not a lawyer and I know relatively little about the legal system here.

However I do know a bit about playing the part of a Japanese person when convenient and a gaijin when convenient and this is what I would do in your situation:

1. DO NOT SIGN ANYTHING.

2. DO NOT SIGN ANYTHING. It bears repeating.

3. Drag things out with the other guy's insurance company. Play ignorant, hum and haw, do the Japanese air sucking through teeth "muzukashii" thing. Mix in bits about the amounts of pain, suffering, and frustration you have been through.

4. After you've got them to increase their offer a few times and they don't seem willing to do any more mention something about not being sure and wanting to go talk to a lawyer. This should result in another increase or two.

5. At this point take everything to a decent lawyer and get their opinion on if the settlement amount is reasonable or if it is worth fighting more over.

6. Follow the lawyer's advice and proceed from there.

Hope all goes as well as can be expected, it'd be great if you come back and let the forum know roughly how you handled it and how things turned out.

[gaijinpunch]

As I recall when I crashed my bike (guy turned into my path at night from a queue of traffic with no lights on and no signal) his insurance company rep made an offer based on the police report. It was over 10 years ago so my memory is a little fuzzy. I think the hospital bills are divided by this.

can you simply "not admit guilt" and drag the fucking thing out forever like you can with almost anything else?

[chibaka]

I went with my wife to the bar association for a free consultation, that was useful. Basically I was told to continue treatment, get the doctor to write the report as requested by the insurance company and when they make an offer talk to the lawyers again.

I am still getting treatment, and having to force my (useless) local doctor to write everything down. This old fart insists he can only comment on progress of the leg damage, and that scarring and other damage associated with the accident/operation are nothing to do with him. After 2 years I still have some pain, "clicking" joints and an unsightly lump on my side from an operation to remove bone material for a bone graft. This lump apparently is categorized as shouganai according to my rehab doctor.

However, a decent (young) doctor at the hospital has made an appointment with a abdominal surgeon for me to determine how to fix this issue.

Advice for anyone seeking medical treatment here, if the doctor is approaching retirement age, find another one!! This is the second rehab "specialist" I have seen, the first one couldn't read an x-ray and had me walking before my bone had healed enough. The result, a broken screw and a second operation to replace the metalwork.

My wife wonders why I drink so much...

[wagyl]

Yes well if you are still getting treatment you are NOT approaching settlement time. The insurance company won't be pressing you to settle because they want you to be completely better so there is no residual problem, or at least to be sure that things have stabilised and there is no prospect of further improvement.

It is an entirely scientific sample of one, but I have seen a driver in a two car accident here dig his heels in and win a 10-0 apportionment of blame in his favour. I can't remember if it was an uncontrolled intersection or the other driver failed to stop at a stop sign, but the other car drove into the front passenger side door of his car (in other words the seat I was in). Everything was eventually resolved to the satisfaction of both him and me, both of us without laywers (but I have an insurance background myself). My only regret is that the insurance guy gave in far too quickly and readily to my outrageous high-ball figure. At least make me feel better by pretending to put up a fight.

[matsuki]

I'm not a lawyer and I know relatively little about the legal system here.

However I do know a bit about playing the part of a Japanese person when convenient and a gaijin when convenient and this is what I would do in your situation:

1. DO NOT SIGN ANYTHING.

2. DO NOT SIGN ANYTHING. It bears repeating.

3. Drag things out with the other guy's insurance company. Play ignorant, hum and haw, do the Japanese air sucking through teeth "muzukashii" thing. Mix in bits about the amounts of pain, suffering, and frustration you have been through.

4. After you've got them to increase their offer a few times and they don't seem willing to do any more mention something about not being sure and wanting to go talk to a lawyer. This should result in another increase or two.

5. At this point take everything to a decent lawyer and get their opinion on if the settlement amount is reasonable or if it is worth fighting more over.

6. Follow the lawyer's advice and proceed from there.

Hope all goes as well as can be expected, it'd be great if you come back and let the forum know roughly how you handled it and how things turned out.

Yes well if you are still getting treatment you are NOT approaching settlement time. The insurance company won't be pressing you to settle because they want you to be completely better so there is no residual problem, or at least to be sure that things have stabilised and there is no prospect of further improvement.

It is an entirely scientific sample of one, but I have seen a driver in a two car accident here dig his heels in and win a 10-0 apportionment of blame in his favour. I can't remember if it was an uncontrolled intersection or the other driver failed to stop at a stop sign, but the other car drove into the front passenger side door of his car (in other words the seat I was in). Everything was eventually resolved to the satisfaction of both him and me, both of us without laywers (but I have an insurance background myself). My only regret is that the insurance guy gave in far too quickly and readily to my outrageous high-ball figure. At least make me feel better by pretending to put up a fight.

THIS and THIS

[chibaka]

5. At this point take everything to a decent lawyer and get their opinion on if the settlement amount is reasonable or if it is worth fighting more over.

That's the reason I started the thread, need to find a decent lawyer in advance. Anyway I'm not in a position to settle yet, so it will drag on for a while longer whether I want to or not. Getting pissed off with it all though

[matsuki]

Any updates Chibaka??

Good good friend of mine slammed into a Toyota Harrier with her Kei car the other day doing about 50. (in a 50 zone) She was in the far right lane, approaching an intersection and there were two cars in front of her (one in her lane, the other in the left lane) about 3 car lengths ahead. Dude in the Harrier was coming from the opposite direction and basically tried to make a right turn through this oncoming traffic between her vehicle and the one in front of her, despite how little room/time there was. Seems pretty cut and dry....she said saw the idiot and was able to lock the brakes while honking but still had enough force to flip the harrier over and destroy her lil kei. She's pretty messed up from both the impact and the airbags...and as if one brush with death wasn't enough, almost got run over when she saw the smoke from the airbags and ran from the car in a panic, thinking the car was on fire. No broken bones but lots of scrapes and bruising. [edit] X-rays came back and she has a fractured wrist

The other insurance agent and driver are apologizing like crazy, the other driver was also issued a citation while she was not....but her insurance is saying "likely a 8-2" at fault ratio though nothing is decided yet. When she asked why she would be 20% at fault, their explanation was nothing more than, "because your car was moving you're automatically considered partially at fault." I told her to not accept anything less than a 10-0 fault ratio for now and document all hospital visits, time off work, etc. etc. I went with her to the conbini at that intersection as they captured the whole thing on one of their cameras but the manager is saying they will only let us have a copy/use a keitai to record the accident if the insurance agent comes with them. (we can't release the video to just anyone...they must be official!) Apparently the cops already saw the video but did nothing but take a picture (not video) of the CCTV screen. The manager said the video is recorded over about once ever 30 days so time to press the insurance co to get a copy of that shit ASAP. Anyone got any advice as to how to make sure she doesn't get screwed over by taking responsibility? All I can think of besides getting the video, documenting injuries, and digging her feet on anything less than 10-0.

[legion]

if she was a taxi she'd get 10-0, their insurance companies are hardcore

as a regular citizen she has an uphill battle, basically what they say is true, if you are moving and do not stop in time you are at fault. The other guy caused the accident but she should have been using her mysterious ability to read minds through none verbal communication to predict he was about to turn into her path.

[Coligny]

And had she stopped she would have been guilty of unsafe braking... Or sumthing... Like just being there anyway...

[matsuki]

It's sounding like superpowers are expected of all who drive in Japan and the best case scenario is a 9:1 ratio, which still blows but we'll see. She does have the attorney provision on her coverage so that's an option to fight with when it comes to settlement. Her Kei car isn't worth much so replacing it while holding out for a better agreement on fault isn't going to present much of a problem. I still can't understand how her insurance is actually telling her they cannot support her if she wants to hold out for a 10:0 fault ratio.

Speaking of expected superpowers, I dunno about you guys but if I ever ran someone over here, based on the driver conviction track record of this cuntry where the pedestrian/bicyclist is clearly at fault, I'm not stopping and heading for the nearest international airport. Noway I'm getting locked up for some darwin award winner's suicide attempt.