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chibaka wrote:Be paid, other guy at fault, need to make sure I get maximum compensation
legion wrote:chibaka wrote: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
chibaka wrote: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.
chokonen888 wrote:Did he spend some time locked up? Was he drunk or otherwise inebriated?
chibaka wrote: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.
legion wrote:
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 wrote:Having already experienced a mediocre rehabilitation system
Samurai_Jerk wrote:
Physical therapy here is ridiculously bad. It really makes me angry.
Samurai_Jerk wrote:chibaka wrote:Having already experienced a mediocre rehabilitation system
Physical therapy here is ridiculously bad. It really makes me angry.
Coligny wrote:Not covered by nationnul health care...
legion wrote: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.
FG Lurker wrote: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.
wagyl wrote: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.
FG Lurker wrote: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.
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