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Q
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I urgently need damages for a traffic accident. I was badly injured, and I am also afraid that I may be left with a disability, but the other party's payment of my medical expenses seems far off. I am worried about whether I should pursue damages for the traffic accident civilly, or whether insurance proceeds alone will be enough to cover it. I think I should consider criminal punishment later.
Traffic accident
Damages for a traffic accident
Answer
Published:
Author : DongIl PARK
As for a claim for damages arising from a traffic accident, the injured party, such as yourself, may proceed by filing a civil lawsuit against the at-fault party or that party's insurance company.
If you promptly reported the accident to the police immediately afterward and have secured your medical records, you should then file an accident report with the at-fault party's insurance company in order to make a claim for damages.
While organizing the details of your losses, such as medical expenses, lost income during your recovery, and consolation money, you should reach an amicable agreement with the insurance company. If you later determine that the amount the insurance company offers is unreasonable, you may file a civil lawsuit for damages arising from the traffic accident.
In addition, if the litigation is prolonged, and if you organize matters such as the risk of suffering harm that would be difficult to remedy and apply for a provisional injunction for the payment of money, the injunction may be granted based on an assessment of the existence of the right to be preserved, the necessity of preservation, and the basis for calculating the amount.
A lawsuit for damages arising from a traffic accident begins with the submission of a complaint for damages to the court with jurisdiction, and at this stage, evidence concerning the circumstances of the accident, the amount of loss, and where responsibility lies is important. The court determines the existence and scope of liability for damages through a review of the documents and an examination of evidence.
However, if the at-fault party is uninsured, under the Automobile Accident Compensation Program you may receive compensation for damages ranging from 30 million won up to a maximum of 150 million won, limited to the scope of the victim's injuries.
A claim for compensation must be made within 3 years from the date of the accident, and because the reasonableness and necessity of the treatment must be recognized, you must be sure to secure documents such as a medical certificate and an itemized statement of treatment costs.
Because a professional legal response is often necessary, it is advisable to obtain advice at an early stage from an attorney with extensive experience in litigation for traffic accident damages.

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