The First Thing to Do if You are in a Traffic Accident
If You Are Involved in a Traffic Accident
We all understand what a shock accidents can be. However, the first thing you need to do is stay calm and take care of the situation .
It is important to report the incident to the police. You will need to gather information about the at-fault party, find witnesses, and gather evidence (such as drive-recorder footage). It is important to obtain medical advice, etc.
Notifying the Police
If you are involved in a traffic accident, you must report it to the police. (It is especially important to report any personal injury accidents.) Also, you should obtain a Traffic Accident Certificate from a Japan Safe Driving Center as soon as possible. You will need the Certificate for insurance claims, etc for compulsory automobile liability insurance (CALI) payments or mutual insurance payments.
Identifying the Other Party
As the victim, you need to verify the following facts.
Registration number of the offending vehicle; address, name, and contact information of the at-fault party; the name and certificate number of the at-fault party's CALI (mutual insurance); and the at-fault party's automobile insurance company (mutual insurance association).
If the at-fault party was working at the time of the accident, the address, name, and contact details of the place of work and employer
If an employee causes an accident while on the job, the employer as well as the driver may be liable to pay compensation.
Finding Witnesses
Third-party opinions can be effective in case of trouble with the other party. So, if there are any witnesses to the traffic accident (passersby, etc.), write down their testimony. Also, ask for their names and contact information, and ask them to serve as witnesses if necessary.
Also, if the vehicle was equipped with a drive recorder, save the footage of the accident.
Recording Yourself
Since memories can fade, it is also important to keep a record of the accident, if possible. This record can include a survey of the scene, the events of the accident, and photographs. Do this while your memory is still fresh, immediately after the accident. Having records at hand will support your confidence until negotiations for compensation have finished.
Getting a Medical Diagnosis, Etc.
There have been cases where injuries were thought to be minor at the time, but later turned out to be more serious than expected. Promptly seek medical advice, etc.
Failure to seek medical attention promptly after an accident may result in a finding of no causal relationship between an injury and a traffic accident.
Traffic Accident Certificate
The "Traffic Accident Certificate," issued by the Japan Safe Driving Center, is the only official document that can prove you were involved in a traffic accident. You will need this proof for various accident-related procedures. So, make sure to obtain this certificate.
In the case of personal injury accidents, as a rule, a Traffic Accident Certificate will not be issued after five years have passed since the accident occurred. It is recommended that you obtain a Traffic Accident Certificate even if the need does not arise immediately after the traffic accident. Even years later, you may need the Certificate to apply for various types of assistance.
Be sure to report the accident to the police, as a Certificate will not be issued for accidents that have not been reported to the police.
How to Apply for a Traffic Accident Certificate
You can obtain an application form for a Certificate at the Japan Safe Driving Center. You can also get the form at a police station, police box, police substation, or non-life insurance company (mutual insurance association). You then submit the completed form. Applications can be made by postal mail, at the reception counter, or online.
Note: For information on who can apply and how to apply, please visit the website of the Japan Safe Driving Center
(https://www.jsdc.or.jp/certificate/tabid/113/Default.aspx)
or search for "Japan Safe Driving Center Traffic Accident Certificate."
For more information, please contact your nearest Japan Safe Driving Center.
Hokkaido Area
| By Prefecture | Phone number |
|---|---|
| Hokkaido | 011-219-6615 |
| Asahikawa | 0166-23-7299 |
| Kushiro | 0154-25-7171 |
| Kitami | 0157-23-1705 |
| Hakodate | 0138-55-7500 |
Tohoku Area
| By Prefecture | Phone number |
|---|---|
| Aomori | 017-782-5074 |
| Iwate | 019-653-1871 |
| Miyagi | 022-373-7171 |
| Akita | 018-863-8811 |
| Yamagata | 023-655-3456 |
| Fukushima | 024-591-4111 |
Kanto Area
| By Prefecture | Phone number |
|---|---|
| Ibaraki | 029-293-8822 |
| Tochigi | 0289-76-1411 |
| Gunma | 027-253-1102 |
| Saitama | 048-541-2411 |
| Chiba | 043-276-3040 |
| Tokyo | 03-5781-3660 |
| Kanagawa | 045-364-7000 |
| Yamanashi | 055-285-2344 |
Chubu Area
| By Prefecture | Phone number |
|---|---|
| Niigata | 025-256-2344 |
| Toyama | 076-451-1840 |
| Ishikawa | 076-237-5900 |
| Nagano | 026-292-5111 |
| Gifu | 058-274-1000 |
| Shizuoka | 054-252-3191 |
| Aichi | 052-805-0625 |
| Mie | 059-223-1231 |
| Fukui | 0776-51-3980 |
Kinki Area
| By Prefecture | Phone number |
|---|---|
| Shiga | 077-585-3456 |
| Kyoto | 075-631-7600 |
| Osaka | 06-6909-5821 |
| Hyogo | 078-351-7882 |
| Nara | 0744-23-7171 |
| Wakayama | 073-472-4433 |
Chugoku Area
| By Prefecture | Phone number |
|---|---|
| Tottori | 0857-50-1288 |
| Shimane | 0852-36-6255 |
| Okayama | 086-724-4360 |
| Hiroshima | 082-941-5111 |
| Yamaguchi | 083-924-4151 |
Shikoku Area
| By Prefecture | Phone number |
|---|---|
| Tokushima | 088-699-1100 |
| Kagawa | 087-882-3399 |
| Ehime | 089-978-1999 |
| Kochi | 088-892-5221 |
Kyushu Area
| By Prefecture | Phone number |
|---|---|
| Fukuoka | 092-564-3644 |
| Saga | 0952-29-0335 |
| Nagasaki | 095-825-4591 |
| Kumamoto | 096-233-2111 |
| Oita | 097-524-6420 |
| Miyazaki | 0985-29-3456 |
| Kagoshima | 099-269-7574 |
| Okinawa | 098-840-2822 |
Criminal Procedure
When the police are informed a traffic accident by a 110 call or other means, they begin investigating. Evidence is collected to establish the facts. The suspect is arrested if necessary, and the case is sent to the prosecution (referral).
Upon receiving the case, the prosecutor conducts further investigation and decides whether to prosecute (to bring the case to trial) or not (not to bring the case to trial). There are two types of prosecution: a request for trial in open court and a request for summary order, in which a sentence (e.g., a fine) is handed down based on a document review without a trial. For crimes committed by juveniles, the case is also sent to the family court with an opinion as to what procedure is appropriate.
If the prosecutor requests a trial of the case, a trial will be held. The judge examines the evidence requested by the prosecutor or defense counsel, considers the prosecutor's opinion (arguments and requests for punishment) and the defense counsel's opinion (arguments). The judge then pronounces a sentence on the defendant.
In the investigation, it is necessary to clarify the circumstances of the case. Since the victim and his/her family members often know best the circumstances of the damage, etc., it is necessary for them to cooperate with the police and prosecutors in their interviews. In addition, victims and their family members may be asked to testify at trial about the circumstances of the case and their feelings toward the defendant.
Police Support for Victims of Crime
Police departments offer the following assistance to victims and their families
- Providing of information to victims of crimes, etc.
- Creating and distributing a "Victim's Guide" that provides an overview of criminal procedure, the systems available to crime victims, various consultation organizations and contact points, and information on the status of investigations, etc.
- Support for recovery from psychological damage
- Establishing counseling desks at police headquarters and traffic divisions of police stations; assigning staff with specialized knowledge and skills in counseling; cooperation with psychiatrists and private counselors; and a system of public funding for counseling expenses for victims of crimes, etc.
- Reducing the burden on victims of crimes in the investigation process
-
Maintaining victim interview rooms and vehicles for victim support; accompanying victims to the crime scene and hospital; handling various consultations, etc.
Note: For detailed information on support, please visit the website of the National Police Agency
(https://www.npa.go.jp/higaisya/)
or search for "National Police Agency Crime Victims Assistance."
For more information, please contact the police station that handled the traffic accident.
Support for Victims in Public Prosecutions, etc.
The Public Prosecutor's Office and other public prosecutors offer the following victim support programs for victims and their families.
- Victim Support Staff System
- Providing consultation to victims and their families; guiding and escorting them to court; assisting them in various procedures such as viewing case records and returning evidence; and referring them to relevant organizations, etc.
- Victim Notification System
- Providing information to victims and their families, etc. regarding the outcome of the case; the results of the criminal trial; the status of the at-fault party treatment in prison; and the timing of their release from prison, etc.
- Support System at the Trial Stage
- Victim participation; statement of feelings, etc.; priority for victims to observe court hearings; viewing and copying of court records, criminal settlements, damage compensation orders, etc.
- Access to Case Records
- Access to prosecuted and finalized criminal case records, indictment records, etc.
- Other Systems
-
System for hearing and communicating the victims' feelings at the execution stage of the at-fault party's sentence; system for hearing opinions at parole hearings; system for hearing and communicating the victims' feelings during the probation of the at-fault party.
Note: For detailed information on victim support, please visit the website of the Ministry of Justice
(https://www.moj.go.jp/keiji1/keiji_keiji11.html)
Or search for "Ministry of Justice, For Victims of Crime."
For more information, please contact the prosecutor in charge of the case or the Victim Hotline of the Public Prosecutor's Office/nearest prosecutor's office that handled the case.
Victim Hotline at the Prosecutor's Office
To get contact information for the prosecutor's office that handled the case, or the victim hotline of the nearest prosecutor's office, please visit the
Ministry of Justice website (https://www.moj.go.jp/),
the Public Prosecutor's Office website (https://www.kensatsu.go.jp/top.shtml),
or search for "Ministry of Justice Victim Hotline."
Victim Support by Private Victim Support Groups
(1) Victims have diverse needs, so the relevant organizations and groups cooperate with each other.
Private victim support groups (victim support centers) are located in each prefecture. Groups that are members of the National Network for Victim Support conduct the following activities. They work in cooperation with the police and other relevant organizations.
- Telephone consultations, interview consultations
- Accompanying people to hospitals, the police, prosecutor's offices, courts, etc.
- Daily life support
- Support for self-help groups (such as associations of bereaved families of victims), etc.
Note: For detailed information on the activities of member centers, please search the National Network for Victim Support (National Network for Victim Support -> National Support Centers).
(2) Telephone support centers for victims of crimes, etc.
The Network and private victim support groups (victim support centers) affiliated with the Network operate a telephone consultation service for crime victims (Navi Dial 0570-783-554). The service has been available since April 1, 2018.
Telephone support centers for victims of crimes, etc. offer telephone consultations outside of the opening hours of the Victim Support Center (early morning and evening on weekdays, and on weekends and national holidays). If a person has moved to a different area, etc., they will transfer the consultation to a Victim Support Center in their new area (if necessary and depending on the nature of the consultation). In this way, they can provide ongoing support.
Private Victim Support Groups Belonging to the National Network for Victim Support in Each Prefecture
Contact information for member private victim support groups in your area can be found on the National Network for Victim Support website (Menu: Support Centers Nationwide)
(https://www.nnvs.org)
or search for "National Network for Victim Support."
Traffic Accident Victim's Notebook
In the hope of providing some assistance to people who have been involved in automobile accidents, MLIT has created the Traffic Accident Victims' Notebook. The Notebook is intended to help victims of automobile accidents and their families (or bereaved families) connect with the police, local governments, victim and bereaved family groups and other supporters as soon as possible after an accident. The Notebook will help them to receive the necessary assistance, to record a summary of the accident, and to help them understand their current situation (problems, etc.) and reduce the psychological burden of repeatedly explaining the accident.
The Notebook for Victims of Traffic Accidents gives information on various types of support provided by the police, local government, etc. As well, it has a memo section for describing the outline of the accident, the damage, and explanations received from hospitals, police, etc. We hope that victims of automobile accidents, their families (or bereaved families), and people supporting victims will find it useful. We hope you will make use of this information.
Note: For electronic data and a list of offices distributing the Notebook, please visit the website of the Ministry of Land, Infrastructure, Transport and Tourism.
(https://www.mlit.go.jp/jidosha/jidosha_tk2_000123.html)
or search for "Traffic Accident Victim's Notebook."
Please use this information to ease your
concerns and for support.
If You Are Involved in a Traffic Accident
The Ministry of Land, Infrastructure, Transport and Tourism (MLIT) has prepared a pamphlet titled "If You Are Involved in a Traffic Accident." This pamphlet informs and guides people who have been involved in a traffic accident about various systems and procedures. The challenges you face due to a sudden traffic accident will change over time. Please use the information in this pamphlet according to your situation at the time.
Traffic Accident Victim's Notebook
MLIT has created the “Traffic Accident Victim's Notebook” with the hope of providing support to automobile accident victims. The notebook allows victims and their families to record accident details and provides information about support systems available through police, local governments, and private victim support organizations. We also hope that it will provide support to all accident victims, and help to ease their concerns.