As a foreign resident in Japan, understanding the legal implications of a traffic accident is crucial. In this post, we’ll provide essential information. Please note that consulting a legal professional is advisable for personalized advice.

1. Duty to Report

• Duty to Report: Under Article 72.1 of the Road Traffic Act, drivers involved in an accident must stop driving immediately and report the incident to the police, i.e., to provide accurate information about the accident, injuries, and property damage. Failure to do so can be legally consequential.Leaving the scene without reporting is a criminal offense (Hit-and-run). Penalties include fines, imprisonment, or both, and may even result in theloss of resident status (visa revocation).

• Further steps: An exchange of personal and insurance information with the other driver is necessary. Documenting the scene, taking photos and gathering witness details is advisable in some cases. Having a vehicle drive recorder can be immensely helpful.

2. Liability and Compensation

• Civil Liability: Japan follows a fault-based system. The driver at fault (or their insurance company) is liable for damages.

• Insurance: Ensure that your car insurance is valid. Japan mandates compulsory automobile liability insurance (“CALI” or Jibaiseki Hoken), which covers personal injury involving your vehicle regardless of who is driving. However, CALI only covers minimal damages, and what CALI does not cover, the driver at fault is personally liable for. We strongly recommend supplemental private insurance.

*When obtaining private insurance, we recommend adding a premium for legal fees coverage (Bengoshi Hiyō Tokuyaku). This will help cover most or all legal fees if you are the victim in a traffic accident.

• Compensation: Seek compensation for property damage, injuries, medical expenses, loss of income, etc. (details in Part 2). Consult a legal professional to understand your rights. Insurance companies and legal precedents often have intricate rules and customs that may be unfamiliar, whether you’re a foreign resident or a Japanese citizen. Even the frequency of doctor visits after an injury can impact your final compensation. Early legal advice is crucial if you’re a victim in a traffic accident.

Understanding your rights and responsibilities will help you navigate the complexities of being involved in an accident in Japan. Traffic accidents are among our primary focuses. Over the years, we’ve handled hundreds of cases, including those from clients residing in remote areas. If you’d like to explore your options, please don’t hesitate to schedule a consultation with us.

Akemi Terano, Attorney at Law

➡ (Part 2 – Compensation)