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Is there no way to reduce the amount of traffic accident damages?
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I am curious about how to calculate the amount of traffic accident damages. My negligence is on the larger side, but the damages and consolation money the other party is demanding are too high. Even though the damage does not seem large, they are demanding more than 10 million won, so my sense of unfairness is growing. In this case, is there no way to appropriately reduce the amount of damages? Is a settlement the only answer to avoid criminal punishment?
Traffic accident
Traffic accident damages
Traffic accident victim compensation
Answer to Related Inquiry
Author: 박동일
The amount of traffic accident damages largely consists of treatment costs, lost income during business suspension, consolation money, and future treatment costs, to which the negligence ratio is applied to calculate the final payment amount. If the negligence is large, an amount corresponding to one's own responsibility is deducted from the total damage amount.
The consolation money claimed by the other party is often excessively inflated beyond the standard set by actual case law.
It is common for the court to reduce the amount to a reasonable level, considering the degree of damage, the presence of aftereffect disability, age, occupation, and the like.
If the victim's damage is minor and the hospitalization period or number of treatment days is short, there is room to view consolation money of 10 million won or more as excessive, and you can argue for a reduction on this basis.
In addition, whether a settlement is reached is also related to criminal punishment.
However, because there is no accurate information about your negligence, I cannot give a definite answer, but where the case is not one of the 12 categories of gross negligence under the Act on Special Cases concerning the Settlement of Traffic Accidents, such as serious bodily injury, driving without a license, drunk driving (DUI), or a traffic signal violation, it is a matter in which, even if a criminal settlement is reached, the investigative agency may institute a public prosecution and criminal punishment may be imposed.
However, if you aim for a reduction of the fine or a suspension of indictment, an amicable settlement with the victim can act as a favorable circumstance.
To prevent unfair loss, you should not be swayed by emotion, and you should respond objectively based on the negligence ratio, treatment records, and the details of the damage, and in order to construct favorable arguments in both a damages lawsuit and criminal proceedings, it is desirable to receive the assistance of an attorney who specializes in traffic accident damages.
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