Korean Job Discussion Forums

[goesslry]

Please reply to this more, as I am interested in the details about what I get reimbursed LEGALLY through the insurance company.

My situation:

June 2 I was driving and a car pulled out of a parking lot at a high speed and T-boned me. Police found him 100% at fault. I have a broken leg (in 4-5 places, including my ankle), the bone broke the skin, and I am in the hospital a minimum of two weeks, where I can't work.

According to what I have found out so far, the insurance company pays all bills, 80% of my income average from the past year. However, are there any other pain/suffering payments, or anything to that sort?

I'm not trying to get rich, just trying to get what I am entitled to. Are there any punitive damages or anything here?

Thanks all.

[air76]

I have no idea...but I hope that you get a good settlement...again, not that you get rich, but that ought to be worth $20,000 at least in my opinion for pain/suffering.

[Yaya]

[BoholDiver]

In a perfect world. I'd want vengeance.

I like to go jogging. That's be 3-4 months or maybe more where I can't go jogging. Not to mention having to get back into shape. Then all the housework and other things I wouldn't be able to do and force my wife to do them.

Is the OP single? If so, he needs to keep bumming favours from people to help him in the hospital. Or hire someone, as Korean nurses do squat.

He is intitled to a lot. But I bet he won't see much of it, if any.

[Underwaterbob]

I'm just surprised they determined it was 100% his fault. I thought the best you could do in Korea was 80/20?

[Jane]

As far as I know and in my experience with having car accidents, usually the fault ratio is 80/20%, with the exception of rearend crashes, where sometimes the person who crashed into the car in front will be responsible 100%.

My crash was deemed 80/20% too when an ajumma plowed into my car even though the circumstances were that she was really 100% at fault.

OP, since you incurred pretty severe injuries, you are eligible for damages, although myself, I'm not totally familiar with what they are.

But I will tell you a little secret when it comes to Koreans and insurance companies, not that I am a proponent of this conduct. Koreans bilk insurance companies usually for much more than what they should be awarded, and this practice is WIDESPREAD. Basically, they embellish their injuries and continue the insurance claim until they feel they have been awarded more than enough. The claimant is the one who indicates to the insurer when they feel they have been compensated enough.

So OP, it's basically up to you to continue the claim until you feel you have been compensated adequately for your pain and suffering. That is, don't accept the offer from the insurance company until you feel it is adequate. It's too bad that insurance companies run this way, but it is the way it works in this land. By avoiding legal action and using the insurance process to receive compensation, it makes it easier on everyone. Legal proceedings in Korea are long drawn-out processes and are best, imo, to be avoided.

However, call the Seoul Global Center for some free legal advice if you wish to take that route. I think they still have a part-time lawyer to help foreigners who have encountered legal problems while in Korea.

Lastly, I hope you called the police or someone did at the scene of the accident, as it's important to have a police report in the event of legal action. Without one, I'm not sure how far you will get. Good luck and hope you recuperate quickly.

[rollo]

Get a lawyer!!! of course you should be compensated. But you need an attorney!

[CentralCali]

[GoldMember]

In Korea you get zip, zero, nada for pain and suffering. You could be in agony for the rest of your life and what you'll get is money for pain killers.

The key is to have a sympathetic doctor who grossly overstates how much treatment you'll need. eg 4 physio sessions per week for the next 2 years at 50,000 won each. When in fact you only need 1 months worth.

Secondly you need a sympathetic mechanic who will overstate your repair bill.

That's it.

A lawyer won't help you, better off shmoozing a doctor with some gifts.

Moan and Groan a lot and make sure you have lots of mysterious pains.

[danpaesan]

That sounds like a serious injury. I had a motorcycle accident where the other driver was 100% at fault. I lost some range of motion in my arm and had some nerve damage. They awarded me damages for this. There is a forumla they calculate future earnings against how severe the injury is. Don't use your Korean salary. Use the average from your home country, in the U.S. it something like 50,000. This will get you a higher settlement. Hope you get better and get what you deserve.

[goesslry]

problem therein, I have lived in korea for 4+ years. I do know quite well how the system works, just want to hear from people who may have been in a similar situation.

Police were immediately called. Police found him 100% at fault, as he ran out of a parking lot to turn left, and t-boned me on the road in the oncoming lane. Many witnesses, a video from a car surveillance system, and most importantly, the guy who hit me admitted to everything. So, to reiterate, he is 100% responsible.

Since I have been in Korea for some time, home salary won't do. However, i'm not an English teacher. I teach music, and have a music company.

We are dealing with the major insurance company, Samsung Insurance. The guy had full coverage, so everything is covered regarding medical. Just trying to work out all details to find out punitive possibilities.

I will end up with a lawyer most likely, but just want to get as much background as I can.

Thanks all. Keep em coming if you have experienced this.

[danpaesan]

Yea, which ever is the higher salary is the way to go. I assumed you were an English teacher. What others were saying about a sympathetic doctor is true, the doc has a large role in how much you will recieve from the insurance co. Don't forget about the blood money to keep the accident off the other guys record.

[goesslry]

P.S., I was driving a motorcycle, not a car.

[danpaesan]

Be sure to work the insurance co. for as much as you can get. I got twice the amount of their first offer. If you are married perhaps your wife can help. I know mine did.

[Jane]