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Q

Can I also claim traffic accident compensation?

Legal IntellectualViews7,395

Hello, I am curious whether traffic accident compensation can also be claimed. There was a traffic accident, and I am in the position of the at-fault party. The other party was injured in the traffic accident, and their vehicle was also heavily damaged. The other party is demanding traffic accident compensation, including medical expenses and property damage. I thought it would all be over if I simply handled it through insurance... but if compensation is claimed like this, do I have to pay the compensation myself?

Traffic accident damages

Traffic accident compensation

Damages

A

Answer to Related Inquiry

Hello, I will answer your question regarding traffic accident compensation.

Traffic accident compensation means compensation for the loss suffered due to the accident, and representative examples include medical expenses, business suspension losses, property damage, and consolation money.


The victim has the right to justly claim damages from the at-fault party, and the compensation demanded by the victim's side is, in principle, a legitimate procedure.


However, in most cases, the at-fault party's legal liability is replaced through automobile insurance or the liability insurance under the Guarantee of Automobile Accident Compensation Act.


In other words, if you are insured, the insurance company compensates the victim for a certain range of the loss on your behalf, and the case is often concluded through insurance processing.


In cases involving serious legal violations such as drunk driving, driving an uninsured vehicle, or fleeing the scene, the insurance company may, after providing personal and property compensation, claim the right of indemnity against the at-fault party.


In addition, civil liability for damages may arise depending on the circumstances of the accident, the scope of insurance coverage, and whether there was a legal violation.


In the current situation, we recommend that you obtain the assistance of an attorney specializing in traffic accidents to check whether there is room for accompanying criminal liability, and then respond to the traffic accident compensation lawsuit.

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Attorney SangSu JO

SangSu JO

T. 070-5117-3709

Experience as Chief Prosecutor of the 5th Criminal Division of the Seoul Central District Prosecutors' Office and Deputy Chief Prosecutor of the Suncheon Branch of the Gwangju Prosecutors' Office

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InWon KIM

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Experience as chief prosecutor at Uijeongbu District Prosecutors’ Office and chief prosecutor at Busan District Prosecutors’ Office

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MinSu KIM

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