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Korean Job Discussion Forums
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Moondoggy
Joined: 07 Jun 2011
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 Posted: Thu Sep 13, 2012 11:15 pm Post subject: |
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| omg someone got into a car accident and came to dave's esl forum to express his anger and bring down the country as well. jesus go get a lawyer. |
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coralreefer_1
Joined: 19 Jan 2009
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| Posted: Fri Sep 14, 2012 2:54 am Post subject: |
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As others have said, the way the laws work here is that no matter what happens, both parties will be partially at fault. Basically the laws says that (as in a case like yours) you are at least partly responsible simply because you were driving (as in, if you were at home not driving, the situation wouldnt have happened to you)
I know it seems backwards as could be, but that is just the way it is. I've known people who were rear ended from behind at a traffic light, and even though they were completely stopped, they were always assigned at least 20% responsibility (which I hear is about as low as the law/insurance companies will allow)
I'm curious though...even though the insurance companies may say you were 30% at fault and have to pay 30% of damages, considering the other guy pays 70% and as mentioned pretty much makes him in the wrong, do the insurance rates of the 30% driver rise as a result of an accident that wasnt caused by them? |
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goesslry
Joined: 19 Jun 2007
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| Posted: Fri Sep 14, 2012 5:17 pm Post subject: |
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| unless you are rearended, or the other guy runs a traffic light, you will be found at least 30% at fault. A car changing lanes and hitting you on the side will always be 70/30. It's the law. Stop complaining and pay the 30%. From your explanation, it will be less than 100k. |
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goesslry
Joined: 19 Jun 2007
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| Posted: Fri Sep 14, 2012 5:20 pm Post subject: |
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| coralreefer_1 wrote: |
| I'm curious though...even though the insurance companies may say you were 30% at fault and have to pay 30% of damages, considering the other guy pays 70% and as mentioned pretty much makes him in the wrong, do the insurance rates of the 30% driver rise as a result of an accident that wasnt caused by them? |
Yes. if you are assigned any fault, your insurance is affected. You get one accident (of your partial fault) or up to 1,500,000 won of damage every three years allowance. after that, it is expunged off your record. |
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Ruthdes
Joined: 16 Oct 2008
Location: Seoul
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| Posted: Sat Sep 15, 2012 9:36 pm Post subject: Re: Ins. company ignoring my statement/Korean justice system |
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| Steelrails wrote: |
First off, this was treated the same way it would have been for a Korean of any age. So all your ranting about being foreign or old has nothing to do with it. Under the driving laws and the way cops sort out things here, you totally won. Be thankful. I know that sucks. I would have the same initial reaction and would fight tooth and nail. But at the end of the day, it was a win for you. Heck, you might even have done better than a Korean in this case.
Korea's no-fault laws mean that baring some MAJOR screw-up by one party involving overt recklessness, rather than a mere accident, both parties are going to be held liable. It is somewhat analogous to no-fault insurance laws in certain U.S. States.
Before getting a license here and driving it was YOUR responsibility to be aware of the laws and regulations regarding accidents and such in this country. As such, you should have been aware of how Korean law handles traffic accidents. If you choose to drive, you accept the terms and conditions of how traffic accidents are handled and insurance payments are dealt with in this country. If you don't like it, don't drive.
Remember, the guy is 70% liable for all damages. He was found to be "wrong".
Think about it this way- the next time there is an accident, maybe its your fault, but you will only be held 70% liable, not 100%. Or say if there is an accident where you both are potentially at fault it may go 55-45%, whereas in certain "1st world" countries, even if fault is 51-49%, the losing party is 100% responsible for damages, which I wouldn't characterize as being very fair. The system has its ups and downs, just like any other system.
But I would encourage you to do some more reading. Before I decided to start driving I looked into how accidents are handled. I am aware that if there is any accident that such a situation might occur. Drive defensively and cautiously in this country, not territorially. That's not to say it was your fault, it clearly was his. But that is the way things are. If you don't want to accept that, don't drive. |
Steelrails, can you provide links to any information about this online? I'm thinking of getting a car later this year and I'd love to be more knowledgeable on this subject. Which resources did you use? |
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JustinC
Joined: 10 Mar 2012
Location: We Are The World!
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| Posted: Sat Sep 15, 2012 9:41 pm Post subject: |
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| goesslry wrote: |
| unless you are rearended, or the other guy runs a traffic light, you will be found at least 30% at fault. A car changing lanes and hitting you on the side will always be 70/30. It's the law. Stop complaining and pay the 30%. From your explanation, it will be less than 100k. |
I agree, this is the way the laws work here. For better or for worse, you chose to live here. |
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fustiancorduroy
Joined: 12 Jan 2007
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| Posted: Sat Sep 15, 2012 9:52 pm Post subject: Re: Ins. company ignoring my statement/Korean justice system |
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| peach.bb wrote: |
I'm not sure if I'm more upset with the insurance company or the legal system itself in this country.
Long story short, I had a fender bender with an ajoshi yesterday, 100% his fault (merged into my lane, I was going about 3 km/h in traffic, and while he was looking the other way, I watched him slowly hit my car, under the driver's side mirror, while I'm blaring the horn and unable to move). I call the insurance company, some guy in a plain SUV comes, talks to the other guy, and tells me to go on with my day. I freak out, because the other driver doesn't believe it was his fault, and I'm 90% sure he's making up some crap, and I insist that MY insurance agent takes my statement. I draw pictures, stand on the spot the accident occurred, did the best I could with someone (who I pay to represent me) that barely speaks English. |
I'm just curious why you expect an insurance company in Korea have representatives who speak good English. I mean, you have chosen to live in Korea, so it is up to you to learn Korean while you are here. Personally, I am surprised you can even drive without being able to speak, read, and understand at least some Korean, seeing how many road signs and driving information is Korean only. Man up and learn the language. That probably would have helped you in that situation instead of resorting to drawing pictures like a child. |
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Steelrails
Joined: 12 Mar 2009
Location: Earth, Solar System
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| Posted: Sat Sep 15, 2012 10:32 pm Post subject: Re: Ins. company ignoring my statement/Korean justice system |
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| Ruthdes wrote: |
| Steelrails wrote: |
First off, this was treated the same way it would have been for a Korean of any age. So all your ranting about being foreign or old has nothing to do with it. Under the driving laws and the way cops sort out things here, you totally won. Be thankful. I know that sucks. I would have the same initial reaction and would fight tooth and nail. But at the end of the day, it was a win for you. Heck, you might even have done better than a Korean in this case.
Korea's no-fault laws mean that baring some MAJOR screw-up by one party involving overt recklessness, rather than a mere accident, both parties are going to be held liable. It is somewhat analogous to no-fault insurance laws in certain U.S. States.
Before getting a license here and driving it was YOUR responsibility to be aware of the laws and regulations regarding accidents and such in this country. As such, you should have been aware of how Korean law handles traffic accidents. If you choose to drive, you accept the terms and conditions of how traffic accidents are handled and insurance payments are dealt with in this country. If you don't like it, don't drive.
Remember, the guy is 70% liable for all damages. He was found to be "wrong".
Think about it this way- the next time there is an accident, maybe its your fault, but you will only be held 70% liable, not 100%. Or say if there is an accident where you both are potentially at fault it may go 55-45%, whereas in certain "1st world" countries, even if fault is 51-49%, the losing party is 100% responsible for damages, which I wouldn't characterize as being very fair. The system has its ups and downs, just like any other system.
But I would encourage you to do some more reading. Before I decided to start driving I looked into how accidents are handled. I am aware that if there is any accident that such a situation might occur. Drive defensively and cautiously in this country, not territorially. That's not to say it was your fault, it clearly was his. But that is the way things are. If you don't want to accept that, don't drive. |
Steelrails, can you provide links to any information about this online? I'm thinking of getting a car later this year and I'd love to be more knowledgeable on this subject. Which resources did you use? |
I just did a google search for "Driving in Korea" and "Buying a car in Korea" and "Insurance in Korea". I can't recall the pages off the top of my head, but just start clicking links and you'll get some results. Also search through old pages on Dave's.
One recommendation- Go with educar or Chartis for insurance. educar gets good rates for teachers. Chartis has above-average English service. I believe they are the only company who has English service for its 24 hour roadside assistance. |
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Ruthdes
Joined: 16 Oct 2008
Location: Seoul
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| Posted: Sun Sep 16, 2012 1:43 pm Post subject: |
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| Thanks for the info Steelrails, that's good to know. |
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Los Angeloser
Joined: 26 Aug 2010
Location: Korea
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| Posted: Wed Sep 19, 2012 5:54 pm Post subject: |
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| Who's Your Daddy? wrote: |
| I think if you are stationary waiting at a red light and someone rear ends you that is 100% their fault. |
NOT! Nobody is 100% wrong or right when it comes to driving in Korea, if you're sitting at a red light and get rear-ended you will be partly at fault, the reasoning..."You Were There!" I know, it's foolish for someone to be sitting at a red light. |
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Kimchifart
Joined: 15 Sep 2010
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| Posted: Wed Sep 19, 2012 7:36 pm Post subject: |
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| nora wrote: |
| In Korea, everyone is considered a professional driver. |
They can consider themselves fired. They need to find a new job. |
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Trip
Joined: 28 Dec 2008
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| Posted: Wed Sep 19, 2012 10:51 pm Post subject: |
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| Can anyone recommend a lawyer that deals with traffic accidents and dealing with insurance companies? |
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IS-F
Joined: 20 Oct 2009
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| Posted: Wed Sep 19, 2012 11:01 pm Post subject: |
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| Los Angeloser wrote: |
| Who's Your Daddy? wrote: |
| I think if you are stationary waiting at a red light and someone rear ends you that is 100% their fault. |
NOT! Nobody is 100% wrong or right when it comes to driving in Korea, if you're sitting at a red light and get rear-ended you will be partly at fault, the reasoning..."You Were There!" I know, it's foolish for someone to be sitting at a red light. |
I got rear-ended 2 times and side-swiped 2 times (all while being stationary) in the past 2 years, the latest being 2 weeks ago. I never paid anything; damages and rental cars all paid for by the culprits not paying attention while driving. |
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Netz
Joined: 11 Oct 2004
Location: a parallel universe where people and places seem to be the exact opposite of "normal"
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| Posted: Thu Sep 20, 2012 10:48 am Post subject: Re: Ins. company ignoring my statement/Korean justice system |
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| Steelrails wrote: |
| peach.bb wrote: |
I'm not sure if I'm more upset with the insurance company or the legal system itself in this country.
Long story short, I had a fender bender with an ajoshi yesterday, 100% his fault (merged into my lane, I was going about 3 km/h in traffic, and while he was looking the other way, I watched him slowly hit my car, under the driver's side mirror, while I'm blaring the horn and unable to move). I call the insurance company, some guy in a plain SUV comes, talks to the other guy, and tells me to go on with my day. I freak out, because the other driver doesn't believe it was his fault, and I'm 90% sure he's making up some crap, and I insist that MY insurance agent takes my statement. I draw pictures, stand on the spot the accident occurred, did the best I could with someone (who I pay to represent me) that barely speaks English.
After I've moved on, I get my Korean friend to call the company, and they said that it was deemed no-fault (but clearly, the location of the damage speaks for itself in the fault), but that the other driver would pay 70% of damages and I'd pay 30%. I was not okay with this, as I watched the guy drive into my car. He said then that both insurance companies want to make it easy and just have us each pay for our own cars. Again, I'm not okay with this. My friend said that's just how the Korean system is.
I call bullshit on this, 'that's just the way it is' crap. I hear it far too often, and for a country that claims to be first-world, they sure don't have the mindset and reasoning behind it. How is there not a legal system in place for accidents? I just hate the way that stupidity is ignored and almost encouraged, as there seems to be no punishment.
The damage is not bad, a scratch and dent, but it's more about the principle of the issue. The other driver is an old man, and because of that, he gets away with hitting other cars. Can someone please explain this? And if it's not just because he was old, then why can't this country deal with its problems? |
First off, this was treated the same way it would have been for a Korean of any age. So all your ranting about being foreign or old has nothing to do with it. Under the driving laws and the way cops sort out things here, you totally won. Be thankful. I know that sucks. I would have the same initial reaction and would fight tooth and nail. But at the end of the day, it was a win for you. Heck, you might even have done better than a Korean in this case.
Korea's no-fault laws mean that baring some MAJOR screw-up by one party involving overt recklessness, rather than a mere accident, both parties are going to be held liable. It is somewhat analogous to no-fault insurance laws in certain U.S. States.
Before getting a license here and driving it was YOUR responsibility to be aware of the laws and regulations regarding accidents and such in this country. As such, you should have been aware of how Korean law handles traffic accidents. If you choose to drive, you accept the terms and conditions of how traffic accidents are handled and insurance payments are dealt with in this country. If you don't like it, don't drive.
Remember, the guy is 70% liable for all damages. He was found to be "wrong".
Think about it this way- the next time there is an accident, maybe its your fault, but you will only be held 70% liable, not 100%. Or say if there is an accident where you both are potentially at fault it may go 55-45%, whereas in certain "1st world" countries, even if fault is 51-49%, the losing party is 100% responsible for damages, which I wouldn't characterize as being very fair. The system has its ups and downs, just like any other system.
But I would encourage you to do some more reading. Before I decided to start driving I looked into how accidents are handled. I am aware that if there is any accident that such a situation might occur. Drive defensively and cautiously in this country, not territorially. That's not to say it was your fault, it clearly was his. But that is the way things are. If you don't want to accept that, don't drive. |
I've been driving a car daily here for .... a long time, and I know a few foreigner driving friends, and we all usually GET OFF EASY with cops here.
It's only when you actually CRASH INTO SOMETHING you'll start having problems.
I jest.
I swear, some of the *$&% I've done here (crashed a couple sports cars, no one was hurt except for me), speeding, roll red lights, no turn signals, my favorite, driving with the HAZARD lights on in a rain storm, with no headlights....j/k.
Seriously though, once a guy hit me, completely his fault, negotiated at the scene, and he just gave me 4.5 million, as long as I didn't make a formal police report (they were all on my side anyway, neighborhood I lived in and they knew me... hehehe), and not go to the hospital on the "Korean Vacation", and charge it to his insurance.
I think they were still stunned I climbed out of the car, unhurt.
You know what they say though, only the good die..
Anyway, Steel is "dead on" this one, it's a different "justice" that you're unaccustomed to, but it seems to balance out in the end, hence the term.
And lastly to point out this, Steel said, "First off, this was treated the same way it would have been for a Korean of any age. "
That's the bottom line, right there.
Welcome to Korea. |
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motiontodismiss
Joined: 18 Dec 2011
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| Posted: Thu Sep 20, 2012 4:38 pm Post subject: |
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| Kimchifart wrote: |
| nora wrote: |
| In Korea, everyone is considered a professional driver. |
They can consider themselves fired. They need to find a new job. |
Agreed.  Professional drivers are supposed to act PROFESSIONALLY.....and do things like signal, yield, wear their seatbelts, turn their headlights on when it's dark and obey traffic laws. And most importantly, have professional respect for other drivers. |
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