what is property damage || How to claim for compensation claim || About the scope of compensation for damages, (physical damage)

If you are injured in a traffic accident, the damages that the victim can claim are classified into two categories: bodily injury (damage due to injury or death) and physical damage (property damage).

This page describes property damage.

Contents of property damage

Property damage refers to damage related to "things" such as automobiles damaged due to traffic accidents, such as vehicle repair costs, towing costs, and rental car usage fees.

Victims of traffic accidents can claim compensation for property damage, such as:

Repair fee

If the repair is reasonable, a claim for reasonable repair costs will be accepted.

Vehicle market value

If the repair cost exceeds the vehicle's market value (this is called an "economic total loss"), only the vehicle's market value plus replacement costs can be claimed.

Vehicle market value is based on the price for acquiring a vehicle in the used car market, such as the same model, model year, similar usage condition, and mileage.

In general, the Red Book (commonly known as the monthly magazine "Autoguide Automobile Price Monthly Report" published by Autoguide Co., Ltd., which lists the average transaction price of used cars by model, grade, and model year) is Calculated.

If the vehicle is not listed in the red book, narrow down the conditions such as the same model, model year, grade, mileage, etc., search for prices on the Internet such as Goonet, and Car Sensor Net, and exclude extremely expensive or cheap ones. One possible calculation method is to use the average value obtained as the market value of the vehicle.

Replacement costs

In the case of an economic total loss, you can claim the registration fee, garage certification fee, vehicle delivery fee, and disposal fee required for replacement claims for compulsory automobile liability insurance premiums for the accident vehicle, automobile tax, automobile weight tax, and compulsory automobile liability insurance premiums for newly acquired vehicles are not permitted, but claims for unexpired automobile weight tax for the accident vehicle are permitted.

Valuation loss

In the event that the car body suffers major damage, resulting in defects in appearance or functionality even after repairs, or if the product value (vehicle market value) is expected to decline due to the history of accidents, compensation can be claimed.

This is called a "valuation loss."

If a valuation loss is recognized, the amount is about 20% to 30% of the repair cost, but there is a court precedent that recognizes about 40% of the repair cost.

Rental car usage fee

If you use a substitute car for a considerable period of time necessary for repair or replacement, you can claim the substitute car usage fee.

1. The use of public transportation such as buses and trains and taxis is insufficient for the use of a loaner car to be recognized, and the person who did not own a vehicle that could replace the accident vehicle was "not using a loaner car." 

2. The period during which replacement vehicle costs are permitted is limited to the period normally required for repair or replacement (Depending on the degree of damage and vehicle type, 1-2 weeks for repair, 1-2 months is a guideline for replacement), 

3. The type (grade) of the replacement vehicle does not have to be the same type (grade) as the accident vehicle unless there is a special need (accident There is also a case where a foreign-made luxury car of the same type as the vehicle was used as a substitute car, and there was also a judicial decision that the domestic luxury car could be sufficiently substituted, and only a part of the substitute car usage fee was approved).

Car suspension loss

In the case of a commercial vehicle, if there is damage due to the loss of profit that would have been obtained if it had been in operation for a considerable period necessary for repair or replacement, you can claim compensation.

This is called a “delayed car loss”.

1. In order to be recognized as a lost vehicle loss, it is necessary that you did not own a vehicle to replace the accident vehicle. (Depending on the degree of damage and the type of vehicle, one to two weeks for repair and one to two months for replacement).

others

You can claim compensation for damages that are causally related to the traffic accident, such as the cost of picking up the accident vehicle, the cost of towing, the estimated cost of repairs, the cost of assessing the market value, the cost of repairing the cargo, and the market value of your belongings.

Consult us

If you are worried about a traffic accident, please contact us first.

Initial consultations for victims of traffic accidents are free.

In addition, if you are a victim of a traffic accident, you can use the lawyer's fee special contract for automobile insurance.

If you use a special contract for attorney fees for automobile insurance, you can consult for free not only for the first time but also for the second and subsequent times.

In addition, if the victim of a traffic accident falls under a certain serious accident, even if there is no special clause for attorney's fees for automobile insurance, the second and subsequent consultations are generally free of charge.

If requested, we will act as a client's agent and handle out-of-court settlement negotiations and lawsuits (trials) regarding traffic accidents.

We act on behalf of our customers to realize their wishes and obtain better solutions.

Victims of traffic accidents can also use the special contract for attorney fees for automobile insurance when making a request.

Note

At Hachinohe City Law Office, we focus on supporting the victims of traffic accidents, so in principle, we do not accept consultations or requests from the perpetrators or those who have caused an accident. not here.

In addition, even if the victim of a traffic accident is not covered by the special contract for attorney fees for automobile insurance due to property damage only, there is a high possibility that the victim will be insolvent, so we accept consultations and requests. not.