Damages in Busan: what to check before settling with the insurer

The law divides their work. A claims adjuster confirms that a loss occurred, judges whether policy terms are applied properly, assesses the loss and the insurance payout, prepares related documents on your behalf and presents opinions to the insurer (Insurance Business Act, Article 188). Representation in litigation and legal work against the wrongdoer or the insurer are the duties of an attorney (Attorney-at-Law Act, Article 3), so in cases where the fault ratio or liability itself is disputed, or that may go to court, consult an attorney first.

In principle, it is difficult. A settlement agreement is a compromise contract in which both sides make concessions to end the dispute (Civil Act, Article 731), so it cannot be cancelled on the ground of mistake, except where the mistake concerns the parties' qualifications or matters outside the dispute (Article 733). How far complications that could not be foreseen at the time are covered by the settlement depends on its wording, so check the clauses on future medical costs and permanent disability before you sign.

Yes. Lost earnings are calculated from the income you would have earned had the accident not happened. For homemakers, students and job seekers without pay records, the issue is what standard to use for housework or future employment prospects. The court sets the amount considering the victim's age, health, education and career prospects (Civil Act, Article 750), so records showing your life and plans before the accident can change the amount.

The child holds the right to the child's own damages, and the parents sue on the child's behalf as legal representatives (Civil Procedure Act, Article 55(1)). Costs the parents actually paid, such as medical bills, are claimed by the parent who paid them, while the child's consolation money and future lost income are claimed in the child's name. Parents can also separately claim consolation money for their own mental distress (Civil Act, Articles 750 and 751). Settlement with the insurer is also made by the parents as legal representatives.

If the insurer withdraws its intent to pay medical costs, the hospital can bill the patient (Guarantee of Automobile Accident Compensation Act, Article 12(5)1), and later medical costs must be claimed separately by the victim as damages. Whether more treatment is needed is decided by medical records and the doctor's opinion, not by the insurer. If you receive a notice stopping payment, keep the notice date and your medical certificate, and consider a direct claim or a claim for advance payment (Articles 10 and 11).

Yes. A person who causes loss to another through intent or negligence is liable for damages (Civil Act, Article 750). The keeper of an animal must compensate for harm the animal causes unless they took due care in keeping it (Article 759), and loss caused by a defect in the installation or maintenance of a structure such as a building, stairs or a sign is compensated by the occupier, and then by the owner (Article 758). In a consultation with a Busan personal injury lawyer, we start by checking photos of the accident site, your medical records and whether the other side has insurance.