The total amount of compensation depends on the Percentage of Negligence in a traffic accident. That means, if the car accident victim is 30% negligent in the accident, the amount of compensation he/she legally deserves will be 30% off to all the amount. However, when it comes to CALI's payout, a car accident victim can receive a total of the payout even if he/she is 30% negligent in the accident. But why? In this article, we take a closer look at how the percentage of negligence works in CALI.
CALI's reduction percentage
CALI is based on the idea of victims relief. The victim's slight negligence in a traffic accident doesn't affect the amount of payout from CALI. That also means, if the other party is only 1% negligent in a traffic accident, the other party will be the perpetrator, and you can use his/her vehicle's CALI.
However, there is a case where the reduction is applied to CALI's payout. That's when the victim is grossly negligent, for examples:
・Neglecting red right
・Going over the center-line
・Colliding with a stopped car
The specific reduction percentage is as follows:
|The victim's Percentage of Negligence||CALI's reduction percentage|
|Residual Disability or Death||Injury|
|Under 70%||No reduction||No reduction|
If the amount of damage exceeds the maximum limit of CALI, the reduction percentage will be applied to the maximum limit. If the amount of damage due to injury is less than 200,000 yen, the amount will not be reduced, no matter how the victim was negligent. If the amount of damage is less than 200,000 yen due to the reduction, 200,000 yen will be paid. However, if the victim was 100% negligent in the accident, the other driver is not liable at all. So, CALI won't be paid to the victim. Whether the victim is 90% or 100% negligent results in a big difference in CALI's payout.
Who determines the percentage of negligence?
The percentage of negligence applied to CALI is not always the same as the percentage of negligence on which both parties agree in an out-of-court settlement or court. The percentage of negligence for CALI is determined by the CALI claim surveys Center in GIROJ.
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