CONTENTS
- 1. Traffic Accident Insurance Litigation | Meaning
- 2. Traffic Accident Insurance Litigation | Civil Action
- - Civil Action Procedure
- - Points to Note
- - How to Draft a Complaint
- - Civil Electronic Litigation System
- 3. Traffic Accident Insurance Litigation | Civil Conciliation
- - How to Apply for Civil Conciliation
- - Court of Competent Jurisdiction
- - Civil Conciliation Procedure
- 4. Traffic Accident Insurance Litigation | Collecting Evidence
- 5. Traffic Accident Insurance Litigation | Strategic Support
1. Traffic Accident Insurance Litigation | Meaning
Traffic accident insurance litigation refers to the procedure of filing a lawsuit with the court to resolve a problem when a dispute arises with an insurer over matters such as the payment of insurance proceeds after a traffic accident has occurred.
In other words, it is a civil action conducted to protect one's rights through a legal determination when a traffic accident victim does not properly receive insurance proceeds from the insurer or disagrees over the amount paid.
It may be described as an important legal procedure in which the court fairly determines a dispute concerning the rights and obligations between the insurer and the policyholder (the victim) and decides whether the proper insurance proceeds should be paid.
2. Traffic Accident Insurance Litigation | Civil Action
When a dispute arises with an insurer after a traffic accident, you may obtain a determination from the court through a civil action.
A civil action is a procedure for resolving legal disputes between individuals or legal entities of equal standing, based on private law such as the Civil Act or the Commercial Act.
In other words, it applies to situations in which parties of equal standing, such as an insurer (a company) and a policyholder (an individual), dispute matters such as whether insurance proceeds should be paid, the amount, and the interpretation of the contract.
Civil Action Procedure
1. Filing of the Complaint
The party who has not received insurance proceeds (the plaintiff) commences the action by submitting a complaint to the court.
2. Review of the Complaint
The court reviews the complaint and may issue an order to correct it if the content is unclear or does not meet the requirements.
3. Service of a Copy of the Complaint
The court serves a copy of the complaint on the insurer (the defendant).
4. Submission of the Answer
The defendant (the insurer) must submit an answer within 30 days from the date of service, and if it fails to do so or the matter amounts to an admission, a judgment in favor of the plaintiff may be rendered without oral argument.
5. Preparation for Oral Argument and Full Hearing
After reviewing the written submissions, the court sets a date for oral argument and hears the arguments of both sides.
If necessary, witness examination or the submission of documentary evidence may take place.
6. Pronouncement of Judgment
Once all procedures are concluded, the court renders a judgment on matters such as whether insurance proceeds should be paid and the amount.
Points to Note
Traffic accident insurance litigation is a civil action that may be filed by either the victim or the at-fault party.
When an insurer asserts an exemption under the terms of the policy or pays only part of the insurance proceeds, you may, through litigation, contest whether the proper insurance proceeds should be paid in accordance with the legal grounds.
Because litigation proceeds on the basis of evidence, you should carefully prepare materials such as the accident report, breathalyzer test results, medical certificate, and policy terms.
How to Draft a Complaint
The first step required to file a civil action is to prepare a 'complaint' and submit it to the court of competent jurisdiction.
The complaint is more than a document that merely commences the procedure; it plays a role important enough to determine the direction and outcome of the litigation, so care must be taken in composing its content.
▶ Mandatory Particulars
The name and address of the statutory agent
The indication of the case
The purport of the claim
The cause of the claim
The indication of the attached documents
The date of preparation
The indication of the court
※ The purport of the claim refers to the content of the judgment sought by filing the action, and it must be stated specifically and clearly.
Civil Electronic Litigation System
Civil electronic litigation is a system that allows you to file a complaint, submit an answer, and review case records online without appearing at the court.
▶ Procedure
① User Registration
To use electronic litigation, you must access the Electronic Litigation Portal of the Court of Korea, register as a member in the name of an individual or a legal entity, and register your authentication certificate.
※ Registration is automatically cancelled if unused for 5 years or more.
② Submission of the Electronic Complaint
After consenting to electronic litigation, you prepare the complaint online and submit it.
At this point, you must verify your identity through a certified electronic signature (certificate).
※ It has the same effect as a written submission to the court.
③ Submission of the Defendant's Answer
Using the authentication number and case number provided together with the copy of the complaint, the defendant may consent to electronic litigation and submit an answer online.
④ Electronic Service
A party who has consented to electronic litigation may receive all documents, such as the complaint, decisions, and judgments, through electronic service, and is notified by email and text message when a document has been posted.
※ Even if the document is not viewed, it is deemed to have been served once 1 week has passed after notice of the posting.
⑤ Review of Case Records
A participant in electronic litigation may review and print the case records online at any time, and review of an ongoing case is available free of charge.
3. Traffic Accident Insurance Litigation | Civil Conciliation
When an insurance dispute related to a traffic accident arises, in addition to a civil action, the civil conciliation system may be used as a procedure that can resolve the dispute more promptly and simply.
Civil conciliation is a method in which a conciliation judge of the court or a conciliation committee guides the parties toward an agreement to resolve the dispute, and it has the advantage of saving time and cost.
How to Apply for Civil Conciliation
▶ Method of Application
Civil conciliation may be applied for in writing or orally. In the case of an oral application, the statement is made before a court official and others, and a record of the application for conciliation is prepared.
▶ Particulars to State in the Application for Conciliation
- The personal details of the parties and their agents
- The purport of the application (e.g., payment of insurance proceeds)
- The content of the dispute (e.g., a dispute concerning damages arising from a traffic accident)
▶ Attached Documents
You must submit documentary evidence related to the dispute, and copies are also required in a number corresponding to the number of respondents.
Court of Competent Jurisdiction
An application for conciliation is submitted to a court having jurisdiction over one of the following.
The place of work of the respondent
The place where the accident (dispute) occurred or where the loss occurred
In addition, where there is an agreement between the parties or a related civil action has already been filed, the application may be made to the court hearing that action.
Civil Conciliation Procedure
1. Application for Conciliation
You apply to the court for conciliation in writing or orally, clearly stating the parties' information, the purport of the application, and the content of the dispute in the application, and submitting documentary evidence together.
The application is served on the other party without delay after it is received.
2. Designation and Notification of the Conciliation Date
The court designates the conciliation date in advance and notifies the parties. If both parties appear, conciliation proceeds, and if a party fails to appear, the date is designated again.
If the applicant fails to appear twice, the application is deemed withdrawn.
3. Fact-Finding Investigation
If necessary, the court may order a judge or an expert to conduct a fact-finding investigation, and the costs are borne equally by the parties or as determined by the conciliation judge.
4. Successful Conciliation and Its Effect
When an agreement is reached between the parties, a conciliation record is prepared and served, and it has the same legal effect as a final and conclusive judgment.
5. Failure of Conciliation or a Decision in Lieu of Conciliation
If no agreement is reached or the content is inappropriate, the case is concluded as a failure of conciliation, or the conciliation judge may render a fair decision ex officio.
6. Objection
An objection may be filed within 2 weeks from the date the record is served, and if an objection is filed, an action is deemed to have been brought.
If there is no objection or it is withdrawn, the decision becomes final and conclusive.
4. Traffic Accident Insurance Litigation | Collecting Evidence
What matters in traffic accident insurance litigation is accurate and sufficient evidence.
This is because evidence plays a key role in proving matters such as the circumstances of the accident, the extent of the harm, and the requirements for payment of insurance proceeds.
▶ Evidence Relating to the Accident
e.g., photographs of the accident scene, CCTV footage, the police accident report, witness statements, and the like
▶ Evidence Proving the Harm and Loss
e.g., the medical certificate, treatment records, hospital bill receipts, vehicle repair estimates, and the like
▶ Evidence Relating to Insurance
e.g., the insurance contract, the notice of denial of insurance proceeds, the record of insurance proceeds paid, the record of communications exchanged with the insurer, and the like
When collecting evidence, it is important to keep the originals, prepare copies for submission to the court if necessary, and secure the authenticity and reliability of the evidence.
In addition, because evidence is the core material supporting both sides' arguments during the litigation, it is advisable to organize and submit it systematically.
5. Traffic Accident Insurance Litigation | Strategic Support
Traffic accident insurance litigation is a complex procedure that goes beyond a simple civil dispute and involves a variety of intertwined legal issues, such as the interpretation of policy terms, the calculation of the amount of loss, the determination of the proportion of fault, and the appropriateness of the evidence submitted.
In actual litigation, insurers mount systematic defense strategies through experienced legal teams, so it can be considerably difficult for a victim to handle this alone.
For these reasons, the assistance of an attorney well versed in traffic accident insurance litigation can be of significant help.
This firm works diligently to clearly organize the circumstances of the accident and the facts of the loss, and to closely analyze the relevant policy terms and case law in order to obtain the proper payment of insurance proceeds.
In addition, through close collaboration with its in-house Evidence Investigation Center and Digital Forensics Center, the firm secures the materials needed to prove the accident and the loss, and provides comprehensive support from the pre-litigation stage through the development of strategy.
If you are preparing for traffic accident insurance litigation or facing difficulty due to a dispute with an insurer, we invite you to develop a specific response strategy together with Daeryun's 🔗traffic accident attorney.
