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Traffic accident attorney, I was in a traffic accident; can I file a claim for damages?
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Traffic accident attorney, a little while ago I was in a traffic accident and was seriously injured. The financial harm, including medical expenses and lost income, is significant, so I am considering a claim for damages. Is it correct that when you are in a traffic accident you can file a claim for damages? I saw something about the Guarantee of Automobile Accident Compensation Act and the Civil Act.. please explain.
Traffic accident attorney
Answer to Related Inquiry
Author: 박동일
Hello. This is a traffic accident attorney at Daeryun Law LLC.
Yes, if you were in a traffic accident, you can file a claim for damages.
Traffic accident damages refers to the compensation that the operator of a vehicle must be responsible for and pay for the personal and property harm arising from a traffic accident.
Such liability for damages is governed by the 「Guarantee of Automobile Accident Compensation Act」 and the 「Civil Act」, and the applicable law may differ depending on the nature and cause of the accident.
First, the 「Guarantee of Automobile Accident Compensation Act」 is a special act enacted to protect victims where a person is killed or injured, or property is damaged, due to the operation of an automobile.
Under Article 3 of this Act, a person who operates an automobile for themselves is liable to compensate for the damage where the operation causes the death or injury of another person.
And where a case does not fall under Article 3 of the 「Guarantee of Automobile Accident Compensation Act」, the 「Civil Act」 applies, and liability for damages may also arise where a person causes harm to another intentionally or negligently.
Because the applicable law and the scope of compensation may differ depending on the cause and circumstances of the accident, a legal assessment based on the specific facts is necessary.
For details, we hope you will confirm the matter through a consultation with a traffic accident attorney.
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