In a car accident what Is Considered Property Damage?

 If you are unlucky enough to be involved in a traffic accident, the victims will suffer a variety of damages and disadvantages.

Victims of car accidents often suffer serious injuries that require surgery, hospitalization, and treatment costs. Moreover, in addition to the trauma at the time of the accident, aftereffects may remain after the accident, which may have a significant impact on the life of the victim afterward. 

You may be forced to change your job, and your salary may be reduced. In addition, if the victim dies, unfortunately, he or she will lose benefits such as salary that could have been obtained in the future. 

You lose out on all the opportunities you could have to work, earn a salary, and support your family and parents. This will cause great damage not only to the person, but also to the bereaved families, and will have a great impact on their lives afterward.

In addition to the cost of medical treatment, victims are often forced to take time off from work due to treatment and aftereffects and are often unable to receive wages during that time.

And, of course, if the car is damaged, the repair costs, valuation loss, and replacement car costs will be incurred.

It would be nice if the assailant and the insurance company would honestly pay for the treatment and repair costs for the damages described above, but it is also possible to dispute the number of repair costs by claiming that the victim was also at fault. Yes (percentage of fault problem). 

In this case, the hospital will bill for medical expenses, etc., and the perpetrator and the insurance company will not pay the medical expenses, etc., so the victim will be in a difficult situation.

In this way, if you are injured in a traffic accident, not only will the victims suffer mental and physical injuries, but they will also suffer a great deal of financial loss.

In order to recover as much as possible from the mental, physical, and economic damage suffered by the victims of a traffic accident, I will collect appropriate evidence for each damaged item and report it to the perpetrator and the insurance company. I will negotiate with you tenaciously.

It is absolutely unforgivable to be disadvantaged in negotiations, etc. after being unfortunately involved in a traffic accident.

If you have been injured in a traffic accident and are in trouble, please do not hesitate to contact our office. We accept consultations for traffic accidents free of charge for the first time (by appointment only).

Below, we will explain what kind of damage can be recognized in a traffic accident for each damaged item.

Damage to 1 person

---

The six main types of damage are :

① Medical expenses, hospital miscellaneous expenses, and outpatient transportation expenses　　

　　  As a general rule, the actual cost of treatment is the full amount. However, as a general rule, treatment, after symptoms are fixed, is not included. Exceptionally, future medical expenses for severe sequelae such as vegetative conditions are allowed. Hospital miscellaneous expenses and outpatient transportation expenses are permitted to the extent necessary and reasonable.

② Loss of work　　

　　  This is damage due to being forced to take time off from work or to work inadequately due to an accidental injury, and not being able to obtain the benefits that could have been obtained until the injury healed or the symptoms stabilized. If the actual income after the accident is less than the income before the accident, the decrease is recognized.

③ Lost profits due to residual disability　　

       This is damage caused by the loss of profits that could have been obtained in the future due to the loss of some (or all) of the worker's ability to work due to the residual disability caused by the accident. Loss of income is recognized as a loss in proportion to the proportion of lost labor.

④ Loss of profits due to death　　

       Damages related to profits that could have been obtained in the future but could not be obtained due to death in an accident. To put it simply, it is “(Employment income x working period (estimate) + pension income x life expectancy (estimate)) – living expenses”.

⑤ Compensation　　

       Emotional damage suffered as a result of injury or death in an accident. Mental damage to the deceased is also recognized. However, the claim right will be acquired by the bereaved family through inheritance and will be claimed by the bereaved family.

⑥ Attorney's fees

       In the case of litigation, about 10% of the allowable amount is recognized by the court as attorney's fees = damages. Even settlements are given some consideration these days.

2 Physical damage

---

The four major types of damage are as follows:

Vehicle damage

       Physical damage to the vehicle itself. As a general rule, the amount equivalent to the repair cost will be the damage. However, if it cannot be repaired, or if the repair cost exceeds the market price of the car (plus replacement costs), the difference between the market value of the accident car and the sale price will be the amount of damage.

Rating loss (valuation loss)

       It is a decline in the value of a car that occurs because the vehicle cannot be completely restored to its original state even after extensive repairs.

substitute car cost　  

       If repair or replacement is necessary due to an accident, and a substitute vehicle is actually required and used during the unusable period, the cost of the substitute vehicle will be the loss.

Suspension damage

　　  Regarding commercial vehicles (vehicles with green license plates), this is business damage incurred due to the inability to use the vehicle due to repairs, etc.