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Traffic Accident Damages
Traffic accidents in Busan: weigh it up before you sign a settlement
A traffic accident victim can claim insurance benefits directly from the at-fault vehicle's insurer, but the insurer's settlement offer is calculated under its policy terms and may differ from the loss a court would recognize. The claim expires 3 years after you learn of the damage and the wrongdoer.
An insurer's settlement offer is calculated under its policy terms
Traffic accident victims claim medical costs, income lost because they could not work, and consolation money as separate items. The court reduces compensation by the victim's share of fault, so the fault ratio greatly changes the amount received.
Before signing a settlement agreement, check whether the possibility of permanent disability and your income records have been reflected. We handle compensation separately from any criminal punishment, and consultations are held at our Busan Seomyeon, Centum and Myeongji Offices.
To consult in Changwon or Seoul: Changwon Office · Seoul Office
How your case proceeds
Securing evidence
We secure video, site photos and witnesses
Medical records
We gather medical certificates and medical bill details
Calculating the loss
We calculate damages based on income and permanent disability
Settlement or lawsuit
We compare with the insurer's offer and decide the path
Losses you can claim
| Item | Details | Supporting evidence |
|---|---|---|
| Actual expenses | Medical costs, nursing costs, cost of assistive devices, funeral costs in fatal accidents | Medical receipts, itemized medical bills, nursing records |
| Lost income | Income lost during treatment, future income reduced by permanent disability | Income records, medical certificates, physical examination results |
| Consolation money | Compensation for mental distress caused by the accident | Severity of injury, treatment period, how the accident happened |
Basis: Civil Act, Articles 751, 763 and 396
Traffic Accident Damages Frequently Asked Questions
QIn a Busan car accident injury claim, who decides the fault ratio? The police and the insurer see it differently.
Ultimately, the court decides. The police determine the at-fault driver and traffic violations for criminal and administrative liability, the insurer negotiates under its policy terms and fault ratio standards, and how much of the victim's fault to reflect is decided by the court in a damages lawsuit (Civil Act, Articles 763 and 396). The police's at-fault and victim designation does not by itself set the fault ratio, so keep the original dashcam footage and site photos.
QWhat if the at-fault driver will not file a bodily injury claim with their insurer? How do I pay for treatment?
The victim can act directly. The victim can claim insurance benefits directly from the at-fault vehicle's insurer (Guarantee of Automobile Accident Compensation Act, Article 10(1)) and can ask for advance payment of the full medical costs, and of other benefits up to the amount set by Presidential Decree (Article 11(1)). Even if the at-fault driver refuses to file, the process can begin once the accident, the other vehicle's plate number and its insurer are confirmed.
QIs it true that a long hospital stay reduces the settlement amount?
Not under court standards. Damages are calculated by adding up actual expenses such as medical costs, lost income such as earnings you could not make, and consolation money, each calculated separately (Civil Act, Articles 751 and 763), so higher medical costs do not reduce the other items. However, the insurer's payment standards are set separately in its policy terms, and unnecessary hospitalization becomes a source of dispute, so the rule is to follow the doctor's opinion for treatment and keep records.
QAre pedestrians or cyclists hit by a car compensated by auto insurance?
Yes. A person who operates a vehicle for their own benefit is liable for damages if that operation kills or injures another person (Guarantee of Automobile Accident Compensation Act, Article 3). For victims who are not passengers, such as pedestrians, the operator escapes liability only by proving all of the following: the driver took due care, the victim or a third party was at fault, and the vehicle had no defect (Article 3, item 1). For this reason, in pedestrian accidents the issue is usually the fault ratio rather than liability itself.
QIf I reject the insurer's settlement offer, is a lawsuit my only option?
No. A dispute with an insurance company can be brought to the Financial Supervisory Service for dispute mediation, and the Governor of the Financial Supervisory Service either recommends a settlement or refers the case to the mediation committee within 30 days (Act on the Protection of Financial Consumers, Article 36). You can also apply to the court for civil conciliation (Civil Conciliation Act, Article 2), but if conciliation fails the matter goes to a lawsuit, so you must start the process within the limitation period.
QDo the same damages rules apply to collisions with a bicycle or motorcycle as to car accidents?
The same for motorcycles, different for bicycles. A motor vehicle under the Guarantee of Automobile Accident Compensation Act means a vehicle subject to the Motor Vehicle Management Act and construction machinery specified by Presidential Decree (Article 2, item 1), so operator liability and direct claims against insurers apply to accidents involving motorcycles, which are two-wheeled motor vehicles. If a bicycle is the at-fault vehicle, you claim against the rider personally as a general tort under the Civil Act (Article 750). In a Busan car accident injury consultation, we start by checking what the other side was riding and whether they are insured.