CONTENTS
- 1. Traffic Accident Damages | Concept

- 2. Traffic Accident Damages | Legal Liability

- - The Vehicle Owner's Liability for Damages
- - Damages Under the Guarantee of Automobile Accident Compensation Act
- - Damages Under the Civil Act
- 3. Traffic Accident Damages | Government Compensation Program

- - Government Compensation for Uninsured Accidents and Accidents Involving an Unidentified Perpetrating Vehicle
- - Living Support System for Bereaved Families and Persons with Serious Disabilities
- 4. Traffic Accident Damages | Claim for Compensation

- - The Victim's Direct Claim for Insurance Proceeds
- - Use of the Advance-Payment System
- 5. Traffic Accident Damages | Required Documents

- - Documents Required When Claiming Insurance Proceeds
- - Documents Required When Claiming Compensation Under the Guarantee Program
- 6. Damages for Traffic Accidents | Strategic Response Support

1. Traffic Accident Damages | Concept

Traffic accident damages refers to the liability that a driver or owner legally bears when, during the operation of a motor vehicle, harm is caused to the body or property of another person.
Such damages are determined mainly under the provisions of the 「Guarantee of Automobile Accident Compensation Act」 and the 「Civil Act」.
Because the applicable law and the scope of liability vary depending on the circumstances in which the harm occurred, whether the perpetrator was at fault, and the type of accident, it is important to understand the precise legal basis for each.
2. Traffic Accident Damages | Legal Liability
For harm caused by a traffic accident, the scope of compensation and the existence of liability are determined under the 「Guarantee of Automobile Accident Compensation Act」 and the 「Civil Act」, centered on the liability of the vehicle owner.
The Vehicle Owner's Liability for Damages
Where a driver causes the death of or injury to another person through the operation of the relevant motor vehicle, the driver must compensate for that harm.
This liability is, in principle, recognized regardless of whether the victim was at fault, and through this the effectiveness of victim protection is enhanced.
However, where all three of the following conditions are proven, the owner may exceptionally be exempted from liability.
• That the intent or negligence of the victim or a third party was involved in the accident
• That the motor vehicle itself had no structural defect or functional abnormality
Such exceptions are recognized only in very limited circumstances, and generally the owner bears liability.
Damages Under the Guarantee of Automobile Accident Compensation Act
The 「Guarantee of Automobile Accident Compensation Act」 is a special act enacted for the purpose of the prompt protection and compensation of victims with respect to personal and property harm caused by traffic accidents.
Under this Act, a vehicle owner bears the obligation to compensate for harm within a certain scope regardless of whether the owner was without fault.
In particular, for personal harm such as death or injury, a minimum level of harm is guaranteed to be covered through mandatory insurance, so that a victim can receive a certain level of compensation even without civil litigation.
However, where the harm was caused by an act of suicide or by intent, the harm may be legally excluded from the scope of compensation.
Damages Under the Civil Act
Where the Guarantee of Automobile Accident Compensation Act does not apply, or for harm beyond the liability set out in the Guarantee of Automobile Accident Compensation Act, tort liability under the Civil Act applies.
In this case, the victim must prove that the perpetrator committed an unlawful act intentionally or negligently, and general principles of the Civil Act apply, such as the scope of damages, comparative negligence, set-off of profit and loss, and joint tort.
For example, the following cases fall under this category.
• Harm arising in a situation not directly related to driving a motor vehicle
• A claim for additional damages in a situation excluded under the Guarantee of Automobile Accident Compensation Act (such as intentional self-harm)
In this way, traffic accident damages has a dual structure in which a special act and the general law operate together, and the outcome can vary greatly depending on how the facts of the harm and the circumstances of the accident are proven and argued.
3. Traffic Accident Damages | Government Compensation Program

In the case of an accident caused by an unidentified vehicle or an uninsured vehicle, the victim may have difficulty obtaining civil damages.
To address such gaps, the government provides compensation to victims who meet certain requirements under the 「Guarantee of Automobile Accident Compensation Act」.
Government Compensation for Uninsured Accidents and Accidents Involving an Unidentified Perpetrating Vehicle
In the following cases, the government compensates for the victim's harm on the perpetrator's behalf, within the limits of liability insurance.
This system is designed so that a victim can receive minimum protection even where the victim cannot identify the perpetrating vehicle, or where the perpetrating vehicle is not covered by insurance.
▶ Types of accidents eligible for compensation
• Where the perpetrator becomes liable for damages while not covered by insurance
• An injury or fatal accident caused by an object that fell from a moving motor vehicle
However, accidents caused by certain special vehicles, such as foreign military vehicles, tow trucks, and off-road vehicles, are excluded from the scope of compensation.
A victim may claim compensation directly, and there are also cases in which the government investigates and compensates on its own authority.
Living Support System for Bereaved Families and Persons with Serious Disabilities
Where a person suffers a serious permanent disability or dies due to a traffic accident, the government may provide support for the livelihood, education, and rehabilitation of the victim's surviving children and dependent family members.
▶ Eligibility requirements for support
• Low-income persons at or below the standard median income for whom maintaining a livelihood or pursuing education or rehabilitation is difficult
▶ Examples of support provided
• Surviving children: living-fund loans, educational incentives, and self-reliance support funds
• Dependent family members (such as elderly parents): livelihood subsidies
• Emotional support, such as psychological treatment for psychological trauma, is also included
The amount of support is set according to standards established by the Ministry of Land, Infrastructure and Transport, and is adjusted flexibly depending on the victim's circumstances.
4. Traffic Accident Damages | Claim for Compensation
A traffic accident victim may claim payment of insurance proceeds directly, or may use the advance-payment system to promptly secure compensation for losses such as medical expenses and consolation money (solatium).
The Victim's Direct Claim for Insurance Proceeds
A traffic accident victim may directly claim payment of insurance proceeds from the perpetrator's insurance company.
Medical expenses may be handled through the insurance company paying the hospital directly, and the insurance company must promptly notify the medical institution of whether medical fees can be paid and of the applicable limit.
In addition, where the policyholder has first compensated the victim, the policyholder may obtain reimbursement of that amount from the insurance company within the coverage limit.
Use of the Advance-Payment System
A victim may first claim a certain amount in the form of an 'advance payment' even if the loss has not been finalized immediately after the accident.
In the event of death, up to 150 million won is paid, and in the event of injury or permanent disability, an advance payment is paid within the limit set according to the respective injury or disability grade.
This can ease the burden of urgent costs such as long-term treatment or funeral expenses.
5. Traffic Accident Damages | Required Documents

To claim insurance proceeds or compensation under the guarantee program, it is important to accurately assemble the required documents in accordance with the relevant statutes.
Because the documents required differ depending on the item claimed, they should be checked carefully in advance.
Documents Required When Claiming Insurance Proceeds
The following documents are required to claim ordinary automobile insurance proceeds.
• A medical certificate or a postmortem examination report
• Various certificates that can prove the fact of harm
• An itemized statement of medical expenses and an estimate (issued by the medical institution, stating unit prices, quantities, and similar details)
Documents Required When Claiming Compensation Under the Guarantee Program
Where the perpetrating vehicle is not identified, or where a person is harmed by an uninsured vehicle, compensation may be claimed through the government's guarantee program.
The documents required in this case are as follows.
• A medical certificate or a postmortem examination report
• Documents proving the fact of harm and the details of the accident
• Documents related to the accident location, including confirmation by the chief of the police station
6. Damages for Traffic Accidents | Strategic Response Support
Damages for traffic accidents involve complex matters in which the applicable statutes and the method of claim vary depending on the circumstances of the accident, the proportion of fault, the scope of loss, and the party responsible.
Insurance procedures alone may not fully reflect the loss sustained, and the scope of compensation can differ depending on the manner of response.
In addition, a decision regarding the insurer's settlement offer may affect the outcome of any later litigation, so the initial response is important.
In cases involving damages for traffic accidents, Law Firm Daeryun works with civil litigation attorneys to establish a response strategy based on the calculation of the amount of loss and the organization of the facts.
If litigation proceeds, the firm responds through a legal review of the scope of liability and the amount of loss based on the relevant materials.
If you are in a situation that requires a response regarding damages for traffic accidents, you may confirm a response strategy suited to your current situation through a 🔗traffic accident attorney legal consultation appointment.
Daeryun provides tailored legal services.
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