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Traffic accident/suing in Korea

 
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sistersarah



Joined: 03 Jan 2004
Location: hiding out

PostPosted: Fri Nov 27, 2009 4:34 pm    Post subject: Traffic accident/suing in Korea Reply with quote

I'm just curious if anyone has any personal experience with traffic accidents in Korea and how the law works here. My husband (Korean) was involved in an accident which was not his fault. His foot was run over by a bus. The bus driver has admitted guilt in the police report.

Just wondering what usually happens in these types of cases in Korea. I know that Koreans typically don't sue like people in NA do, but they must sometimes. Anyone got any stories/info to share? Thanks.
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proustme



Joined: 13 Jun 2009
Location: Nowon-gu

PostPosted: Fri Nov 27, 2009 6:14 pm    Post subject: Reply with quote

It usually boils down to blood money. You don't file a suit against him or notify his insurance company and so he gives you money for not doing this. Be sure to get your husband in the hospital for any resultant pain. Get it documented. Then think of a figure you want for damages and tell the man he has to pay up or else you'll report it. I'd look into the statutes of how long you can go without reporting it to his insurance company. I wouldn't wait too long, if you're going to go about it this way.
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Goon-Yang



Joined: 28 May 2009
Location: Duh

PostPosted: Fri Nov 27, 2009 8:38 pm    Post subject: Reply with quote

So your korean husband need help with laws in his home country? Troll much?

Tell him to ask his soju/work buddies. They'll know more.
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sistersarah



Joined: 03 Jan 2004
Location: hiding out

PostPosted: Sat Nov 28, 2009 6:31 am    Post subject: Reply with quote

Goon-Yang, yeah, I have a lot of time to troll with a 10 month old baby and my husband in the hospital. Idiot.

The doctor says he'll be in the hospital for 3 - 6 weeks. He had to have surgery to untwist his foot....I guess it was bad (I'm visiting my parents in Canada now).

Thanks for your reply proustme.... I've heard about this blood money thing...but in this case I doubt the bus driver has enough money to cover us. ..... Shocked

I wonder why Koreans don't sue....
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oskinny1



Joined: 10 Nov 2006
Location: Right behind you!

PostPosted: Sat Nov 28, 2009 7:03 am    Post subject: Reply with quote

I would think that the bus company would be paying for it. Don't go after the driver, his pockets aren't as deep as the bus company's.
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blackjack



Joined: 04 Jan 2006
Location: anyang

PostPosted: Sat Nov 28, 2009 7:03 am    Post subject: Reply with quote

Goon-Yang wrote:
So your korean husband need help with laws in his home country? Troll much?

Tell him to ask his soju/work buddies. They'll know more.


sistersarah Joined: 03 Jan 2004 1094 posts

goonyang Joined: 28 May 2009 249 posts
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sistersarah



Joined: 03 Jan 2004
Location: hiding out

PostPosted: Sat Nov 28, 2009 12:11 pm    Post subject: Reply with quote

oskinny1 wrote:
I would think that the bus company would be paying for it. Don't go after the driver, his pockets aren't as deep as the bus company's.


True. The bus company is famously cheap and will no doubt come back with a ridiculously low offer (they've already been to the hospital to assess his injuries). That's why I'm thinking of getting us a lawyer so we can be properly compensated for this. Husband had just started a new job and now he won't be able to work for a while. I've been off work with the baby and looks like I'll have to start working again to keep us afloat until we get a settlement.... aaiiigoooo...... Crying or Very sad
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Forward Observer



Joined: 13 Jan 2009
Location: FOB Gloria

PostPosted: Sat Nov 28, 2009 1:24 pm    Post subject: Reply with quote

In other news, we'll be dropping by to see him in the hospital today. If anyone else who knows him and isn't already a facebook friend of his, and wants directions, shoot me a pm and I'll let you know where it is.

Don't worry Sarah, we'll find out today if they got a decent lawyer or not. The last time I talked to him, he said his dad was looking for one.

If not, I'll talk to mah peopres on Monday and ask them to recommend one of their *JRTI buddies that does these kinds of cases.


*JRTI - Judicial Research Training Institute.


Oh, and they DO sue. Don't listen to people who tell you they don't - there are buildings full of lawyers who meet with clients every day that drag cases through courts for YEARS. The key word here is settlement. Most small time cases are settled out of court because people just want money, and their lawyers often convince them to settle for the quick buck. That's why you get a lawyer, so he can negotiate a bigger settlement for you instead of accepting the pittance they usually offer.
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sistersarah



Joined: 03 Jan 2004
Location: hiding out

PostPosted: Sat Nov 28, 2009 5:12 pm    Post subject: Reply with quote

thanks, FO.

Yes, definitely don't want this to drag on for years....just a decent settlement for our pain and suffering. THanks for helping us out!
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Forward Observer



Joined: 13 Jan 2009
Location: FOB Gloria

PostPosted: Sat Nov 28, 2009 5:52 pm    Post subject: Reply with quote

Quick update.

In these kinds of cases, the driver has to come to a separate settlement with the victim/plantiff that is going to sue. The bus company will have to pay out as well. I didn't know that. So ya, maybe not sue the driver, but definitely will have to get an attorney to sue the bus company.

In S's case, the driver came to the hospital, admitted fault to the police, and apologized to the family. They will come to an agreement on $$, but he will also lose his job. I actually don't feel sorry for the driver one bit, although S does feel sorry for him. This is what I told S: If he hadn't taken off while the door was still open, and while you had one foot out the door, we wouldn't be sitting here right now. Making sure the passengers are out the door, closing the door before taking off, is one of the 10 commandments of his job. So, NO I don't feel sorry for him. S also is out of a job because of this (lost hours, schedule, etc.) so, why should anyone feel sorry for the driver?


BTW, he's been moved to room 508. For directions to the hospital, pm me.
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BoholDiver



Joined: 03 Oct 2009
Location: Canada

PostPosted: Sat Nov 28, 2009 6:36 pm    Post subject: Reply with quote

I know of Sistersarah's husband. he is Korean but spent many years outside Korea, so his knowledge of Korean legal system and the such are not as much as a regular Korean.

Definitely, tell the insurance company. I don't know much more than that. I heard from someone that you can either get the insurance company to pay out each time he gets treatment, or just a 1-shot settlement.
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tzechuk



Joined: 20 Dec 2004

PostPosted: Sun Nov 29, 2009 3:10 am    Post subject: Reply with quote

Forward Observer wrote:
BTW, he's been moved to room 508. For directions to the hospital, pm me.


Good job I could read Korean!

Got there, walked into 509. No S!

I was like... uh... then looked on the board, and there his name was under 508.

Walked into the room, he was shocked to see him. He didn't think *L will drop by later* meant today.. haha!

Sarah, email on its way.
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