Bike accident

[ClearAsMud]

If the woman has bicycle insurance, she should have reported the accident to her insurance company, which would normally handle the 示談 resolution process. OP not having insurance would complicate matters because he would have to handle negotiations himself rather than rely on his own insurance company. If neither driver has insurance, then you work things out informally -- as the "boss" appears to be trying to do -- and you can make any requests/demands you deem reasonable. Or the boss contacts his company's insurance company if employees' bicycle accidents are covered, again leading to negotiations (and higher insurance rates for the company). Or you lawyer up and resolve the dispute through official channels, which will surely take longer even if you end up getting everything you think you deserve (and if serious injuries are involved, you may not really have a choice).

As for bicycle liability insurance, it is currently compulsory in 32 prefectures (plus Okayama City), and an additional 10 prefectures (including Hokkaido) make it obligatory to make an effort to obtain such insurance (努力義務). The list can be downloaded here.

Actual regulations are implemented at the prefectural level, so you need to check the ones in effect where the policy was bought. The insurance covers individuals rather than bicycles, so it normally also provides coverage for rentals and borrowed bicycles (but check your policy).

Driving uninsured makes you personally responsible for handling negotiations over collecting or paying for damages, which will likely prove stressful and, if you are held liable, expensive. Driving without insurance when it is compulsory is unlikely to turn out well if you go the official route.

The point about checking your rental insurance policy is a good one, but you would have to have a policy with a personal-liability provision in the first place (it is a 特約, not part of the standard insurance covering in-situ damage by theft or fire), and such provisions may only cover injuries to other parties rather than to the policyholder. Look here for an explanation.

[northSaver]

Just to briefly add, though probably irrelevant in your case, third party bicycle liability insurance may also be covered by your car insurance. We paid a little extra to include that on our policy, and it covers up to 1 oku yen. It doesn't cover damage to the bike though. As others have said, that might be covered by your house/apartment contents insurance, though I personally doubt it. I think it's designed more for theft or fire damage than accidental damage while riding.

[kuma]

Sorry to hear about the accident.

Glad to hear that neither rider had significant injuries.

Great that the boss was able to give assistance in getting the bike to the bike shop and you to your home; it demonstrates some degree of willingness to smooth out the situation.

Some good responses here already. Interesting discussions about insurance, the law, the process, etc. 

Hopefully the bike shop gets back to you soon with an estimate. The repair bill (/replacement bill) may or may not affect any dealings with the boss.

Re helmets and the law, it's a newly enacted part of the Road Traffic Act, and, as is often the case in Japanese law, is worded doryoku-gimu, which roughly translates to “duty of effort.” This falls short of being 'mandatory'. Uncharted territory seeing how this revised law will affect compensation etc; discussion here:https://japantoday.com/category/feature ... llowing-it 

There's a book on calculating the percentage of negligence in road traffic accidents: https://auto-insurance.jp/percentage-of-negligence/
Don't know if anything akin to your case will be covered; but it is possible that with both bicycles moving, according to the tables and charts it's deemed 80:20 or suchlike. That's Japan.

The internet can be a largely militant place… seek full compensation or lawyer up is often the consensus. I may be an outlier in that in your shoes I'd consider accepting 80% or similar if the boss is being reasonable and if the repair bill is relatively small in the grand scheme (and only bike repairs; no treatment for either rider and secondary expenses, which is a different league of difficulties...). Take solace in the fact that there were no major injuries and learn from this experience (as I am doing, particularly with CAM's post). Psychologically, if you don't get 100% reimbursement, you could think of the shortfall (20%?) as an insurance premium for the period you've (unwittingly) been riding without insurance. 

And on an empathetic note, I've been in a cycle accident (not in Japan) where I felt there was little I could do to avoid it. I overtook a bus as it was stopped at a bus stop. A passenger wearing headphones got off the bus and walked straight out in front of the bus without looking. I had insufficient space and time to avoid impact. It was a big hit. The pedestrian had cuts and bruises, but no serious injuries. Still, an ambulance job to make sure. I was flung into oncoming traffic, but also escaped with just cuts and bruises. My bicycle was damaged, including a buckled wheel (incidentally, I was just returning home from a bike shop having had that wheel newly installed). I didn't go down the insurance/compensation route; I was just relieved no one was seriously injured. 

Another time: mini roundabout on a rainy evening. Driver didn't see me. (I was wearing high-vis.) Damaged my bike but I was okay. Sorted this one informally. The driver paid for repairs + my expenses to get my bike to a bike shop. (I could have billed for the pre-paid sports training I was on my way to and had to forego due to the accident, but chose not to. Again, very relieved to escape without injury.)

And another: was a postman for a few months to get paid for fresh air and exercise. Another mini-roundabout collision. (V early morning.) No damage. Thought I was fine. 15 mins later, in the post office sorting letters, I was physically shaking. In shock. Soon fine again. I mention this because you never know how the other person has taken the hit, and asking after their wellbeing is important from the get-go.

Sorry to hear about The Captain's injuries.

[KCLenny]

Thanks for all the replies so far.
I work up this morning a bit stiff in the neck and shoulders. I guess some kind of whiplash. At work, I received a call from either the woman or her company's insurance company saying they would be dealing with me from now. It sounds as if they are going to be paying out for hospital visits (going to an orthopaedic clinic on Friday about neck pain) and seemingly getting in contact with the bike shop...so I can only assume that means that they will be paying for some amount of the repair costs. No idea on a percentage. And no idea on a cost of repair yet either. Will be contacting the bike shop tomorrow to see if they have an idea.
Fingers crossed seems ok so far, and will be looking into Rakuten cycle family insurance, as I'm already deeply imbedded into the Rakuten ecosystem.

[TokyoBoglehead]

Thanks for all the replies so far.
I work up this morning a bit stiff in the neck and shoulders. I guess some kind of whiplash. At work, I received a call from either the woman or her company's insurance company saying they would be dealing with me from now. It sounds as if they are going to be paying out for hospital visits (going to an orthopaedic clinic on Friday about neck pain) and seemingly getting in contact with the bike shop...so I can only assume that means that they will be paying for some amount of the repair costs. No idea on a percentage. And no idea on a cost of repair yet either. Will be contacting the bike shop tomorrow to see if they have an idea.
Fingers crossed seems ok so far, and will be looking into Rakuten cycle family insurance, as I'm already deeply imbedded into the Rakuten ecosystem.

Glad you're not too worse for wear. Sounds like a rough week.

Here what I was mentioning before. It's worth checking through your policy.

.火災保険で自転車事故の賠償に備えられる？
ただし、もし自転車保険に加入していなくても、火災保険等で「個人賠償責任保険」を特約として付けていれば、自転車で歩行者に衝突して死傷させてしまう事故にも備えることができます

. Can fire insurance provide coverage for bicycle accidents?
However, if you do not have bicycle insurance, you can still be covered for accidents in which you crash into a pedestrian on your bicycle and cause death or injury if you have "personal liability insurance" as a rider on your fire insurance policy, etc.

It's under item #2. https://hoken-kyokasho.com/fire-insuran ... -insurance

[ClearAsMud]

Note that while 示談 is an informal process in the sense that the courts don't get involved, it may include consultations with lawyers and often ends with a signed agreement (although that is not an essential requirement). Once an agreement has been reached you can't retract it, so you should be sure the possibility of delayed physical effects has been taken into account.

Here's a pretty good explanation of the 示談 process pertaining to automobile accidents. It's provided by a legal office, which of course makes money from consulting on such matters.

I personally would only pay for a liability-insurance policy that offers a 示談 service -- more peace of mind that way.

As with fire/household insurance, other forms of personal-liability insurance may cover bicycle accidents as well, including automobile insurance, accident insurance, credit-card provisions, and group liability insurance. The law only requires that you have insurance covering such accidents, and as yet no penalties are imposed for noncompliance. It's up to you to have/choose the type that gives you the coverage you need (as I mentioned earlier, and as found in item #3 of the page cited in the post above, fire-insurance riders typically provide coverage only for injury to others rather than to the policyholder). For a broader range of coverage -- everyday accidents, etc. -- at somewhat more expense, you might consider looking into other forms of liability insurance rather than dedicated bicycle insurance.

[RetireJapan]

As with fire/household insurance, other forms of personal-liability insurance may cover bicycle accidents as well, including automobile insurance, accident insurance, credit-card provisions, and group liability insurance.

I got specific cycle insurance yesterday (this one as recommended by captainspoke: https://www.hokencontract.jp/jtsa-bicycle/).

My wife assures me I am also covered by other policies(?) we have, but I ride every day and can be somewhat aggressive on the road, so the 4,000 yen a year for peace of mind is well worth it to me. I am guessing the other policies are unlikely to cover 300m or be as straightforward to deal with as a specialised policy, but I haven't looked into the details.

I really am a very lazy person

[TokyoBoglehead]

Note that while 示談 is an informal process in the sense that the courts don't get involved, it may include consultations with lawyers and often ends with a signed agreement (although that is not an essential requirement). Once an agreement has been reached you can't retract it, so you should be sure the possibility of delayed physical effects has been taken into account.

Here's a pretty good explanation of the 示談 process pertaining to automobile accidents. It's provided by a legal office, which of course makes money from consulting on such matters.

I personally would only pay for a liability-insurance policy that offers a 示談 service -- more peace of mind that way.

As with fire/household insurance, other forms of personal-liability insurance may cover bicycle accidents as well, including automobile insurance, accident insurance, credit-card provisions, and group liability insurance. The law only requires that you have insurance covering such accidents, and as yet no penalties are imposed for noncompliance. It's up to you to have/choose the type that gives you the coverage you need (as I mentioned earlier, and as found in item #3 of the page cited in the post above, fire-insurance riders typically provide coverage only for injury to others rather than to the policyholder). For a broader range of coverage -- everyday accidents, etc. -- at somewhat more expense, you might consider looking into other forms of liability insurance rather than dedicated bicycle insurance.

Would you happen to know if Rakuten Cycle insurance includes 示談? I have the family plan (6000 ) and I cannot find a firm answer on this.

Also, it sounds like KCLenny might not have fire/renters insurance? You might want to double check that.

[zeroshiki]

Note that while 示談 is an informal process in the sense that the courts don't get involved, it may include consultations with lawyers and often ends with a signed agreement (although that is not an essential requirement). Once an agreement has been reached you can't retract it, so you should be sure the possibility of delayed physical effects has been taken into account.

Here's a pretty good explanation of the 示談 process pertaining to automobile accidents. It's provided by a legal office, which of course makes money from consulting on such matters.

I personally would only pay for a liability-insurance policy that offers a 示談 service -- more peace of mind that way.

As with fire/household insurance, other forms of personal-liability insurance may cover bicycle accidents as well, including automobile insurance, accident insurance, credit-card provisions, and group liability insurance. The law only requires that you have insurance covering such accidents, and as yet no penalties are imposed for noncompliance. It's up to you to have/choose the type that gives you the coverage you need (as I mentioned earlier, and as found in item #3 of the page cited in the post above, fire-insurance riders typically provide coverage only for injury to others rather than to the policyholder). For a broader range of coverage -- everyday accidents, etc. -- at somewhat more expense, you might consider looking into other forms of liability insurance rather than dedicated bicycle insurance.

Would you happen to know if Rakuten Cycle insurance includes 示談? I have the family plan (6000 ) and I cannot find a firm answer on this.

Also, it sounds like KCLenny might not have fire/renters insurance? You might want to double check that.

Is this your plan? https://www.rakuten-sonpo.co.jp/family/ ... fault.aspx

It says it includes Jidan.

[northSaver]

Smush...

One time that I fell. Two separate two month long hospital stays, a year apart--first to stabilize the broken pelvis (the upper two plates), and the second to install the hip (due to acetabular fracture). I finally gave up the lofstrand crutch a few months after the second surgery, but it was my companion for a year and half. The same accident broke 6-7 ribs and a collarbone in two places.

https://tokyocycle.com/attachments/img_9153-jpg.14379/

I did this on my own. If someone else had been responsible they'd've been out a few million yen or more for treatment alone, plus lost income, etc. I'm not sure what the apology money would be if someone else had caused the accident. Personally, if I could go back in time and erase this from my life, ¥10m would be cheap. Even 20.

If you don't mind me asking captainspoke, what was the cause of your horrific cycling accident? Sorry if the details are in the link you provided, but I need to be a member to view that page.

I too am a keen cyclist and have had a few falls, but nothing nearly as bad as what you described. Maybe you were just unlucky? I have a penchant for flying down hills at great speed (on dry roads of course), I guess a blowout could easily result in an injury like that. If you are willing to share what happened, then I'll try to avoid doing whatever you were doing! Thanks