Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Is there no way to reduce the amount of traffic accident damages?

Legal IntellectualViews57,624

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

A

Answer to Related Inquiry

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.

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney MinSu KIM

MinSu KIM

T. 070-5214-2362

Traffic accident lawyer

Attorney KangIl LEE

KangIl LEE

T. 070-5117-5510

Attorney specializing in drunk driving

Key Case Studies

View more

Related Practice Areas

View more

Consult in other languages

Popular Columns

View more
Quick Menu

Chat