I got hit by a car yesterday. How's the legal system work?

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Chilln
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Joined: 03/25/2010 - 15:49
I got hit by a car yesterday. How's the legal system work?

 Turns out some people just can't tell the difference between the brakes and the gas. Her car is totaled, but my x-rays and CT scan seemed ok (although they said I have go to the better hospital tomorrow with the specialist and the better English speakers).

Anyways, while I'm just happy that her insurance is paying any medical bills, my girlfriend suggests I should sue the pants off her. I figure that kind of thing isn't too common here, but legally, considering she was definitely at fault, would I have that option? What's Korea's judicial system like for vehicular lawsuits?

Thanks a bunch folks.

davykyk
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Joined: 03/11/2010 - 08:56
some tips about the situation

almost same with in U.S.

You needed to call a plolice first then figure out whose fault.

if you were a pedestrian, almost the law will a part of you.

if you didn't call a police at the moment, you must get a business card or some contact informtation with a note that a hitter will in charge of the accident and cover al bill related to this accidnets from the hitter. 

if you have any questions, let me know. I;m not lawyer ^^

143busan
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Joined: 08/07/2009 - 13:33
it is a common thing in korea
it is a common thing in korea to settle on a compensation in return for not pressing charges. if you do not settle, the driver will probably face time and fines. if you actually got hit by a car, you are in a position to get quite a bit of money out of this. not that i'm suggesting you take advantage of the driver but hey...legalities are legalities. about 4 years ago i was involved in a car accident. the other driver ran a red light and it was decided on spot that it was 100% his fault. i had a broken left hand, eight stitches on my right hand, muscle and tissue damage in my right hand, whiplash and my back hurts til' this day. i let the guy off without settling, despite every korean in my vicinity telling me that i shouldn't. no one does that is what i was told. it took me about 6 months to settle with the insurance company for an amount which i thought was fair, and that was only because i told them i was going to back to the states and would bill them the rehabilitation expenses. truth is, i completely regret not receiving compensation from the driver. if not only to get something out of receiving injuries that are affecting me years later. you'll get called to the police dept to explain the situation and someone will try to get you to sign off on their offenses. don't sign. come up with a fair amount of money to demand from them and then settle. depending on how long of a period the hospital says you should be checked in for, the amount can vary. for example, if you're out for 4 weeks, your salary from school, you should demand for certain. And then there's whatever inconveniences the situation is causing you. If I were you, I'd demand upwards of ten million won. You have rights to make a demand from the driver. Demand something high then work your way down if need be. For someone who hit a pedestrian, they really don't have much cushion to negotiate. I'd say he/she is facing jail time. anyways, thats a bit of advice. any more questions you got, throw them up here. i've been in a number of situations such as yours and being a gyopo, have observed exactly how the system works for years. hope that helps.
goesslry
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Joined: 06/09/2010 - 14:16
Re: it is a common thing in korea

I'd like to hear more if I can.

I was driving my motorcycle on the road, legally, and was hit by a damas delivery van pulling out quickly from a parking lot.  Police found him immediately 100% at fault.  Insurance company says it pays hospital bills and 80% of salary.  i haven't signed off on anything, or given my police statement yet, as I am in the hospital with a severe broken leg, and will be in for a minimum of 2 weeks.


What am i entitled to?  Are there punitive damages that the insurance company pays out?

Chilln
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Joined: 03/25/2010 - 15:49
 Thanks for the info. I

 Thanks for the info. I imagine my case wouldn't go to far though. I'm only here on travel, not work, so I don't exactly have any loss of pay. Her insurance is paying for my hospital expenses too (Just a sprained knee and some bad scrapes). As much as I'd enjoy suing her and making her pay for hitting me with a freaking car, I guess I'll just have to take solace in the knowledge that she totaled her ride and her insurance premiums will jump.

 

jakerue
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Joined: 09/24/2009 - 17:35
Re: I got hit by a car yesterday. How's the legal system work?

I've had a few accidents here and want to add my bit to this convo.

On a ski hill I smashed into a Korean guy who couldn't ski and was in general skiing tandem across (not down) a curve in the trail and I had to hit him to avoid smashing in to some kids.  I was going pretty fast but he was an inept skier on a hill he shouldn't have been on.  Anyway, I'll take the blame and we go down the hill with ski patrol (after he finishes his smoke).  The doctor at the bottom is trained in Canada so I am very happy about that.  He explains the idea of settlement (I was new to Korea at this point) and I am thinking "that guy just stopped to have a smoke before you even treated him".  The guy says he wants to go to another doctor to get a CT scan on his head.....ugh....I see this ruining my day so I give him 50,000won and go back up the hill.  

Next incident is me getting hit by an SUV on my motorcycle.  This one he is speeding and I am at a red light.  I turn across lanes to go up a hill when he whips around the corner and smashes into me.  I don't really know how this went down as I don't remember any of it.  Anyway I am shipped to hospital with my girlfriend and eventually the police pay a visit.  They tell me that technically it is my fault (51%) because I was turning.  Oddly enough the SUV driver's insurance covers my medical bills (2 months in hospital plus an extra visit for a surgery once I was released), my gf's medical and 80% of my lost salary for a few months.  The police were trying to push my gf to sue me for some reason (she thankfully refused).   Thinking back now I wonder if the police were f'in me since that guy's insurance paid for so much of it (though not enough to avoid going broke despite all the help from friends and family).  

Anyway if you get out of your accident without any major injuries or financial losses then be thankful.  I imagine trying to go to court here is a long and arduous process that may not be worth the trouble.  I do see your desire to make the driving safer in the country....if only the police consistently enforced the laws....

Jason