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peach.bb
Joined: 01 Jan 2011
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 Posted: Thu Sep 13, 2012 2:51 pm Post subject: Ins. company ignoring my statement/Korean justice system? |
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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? |
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alongway
Joined: 02 Jan 2012
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| Posted: Thu Sep 13, 2012 2:55 pm Post subject: |
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| Quote: |
| ... and for a country that claims to be first-world |
And you've just lost any sympathy you might have been building. |
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alongway
Joined: 02 Jan 2012
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| Posted: Thu Sep 13, 2012 3:08 pm Post subject: |
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| peach.bb wrote: |
| You believe that it is first-world? |
I believe you don't have a clue so it's no wonder you got railroaded.
By any definition of the phrase they are first world.
In 2011 they scored at the highest level on the human development index.
Your lack of ability to interact with a country in which you choose to live doesn't diminish that. |
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peach.bb
Joined: 01 Jan 2011
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| Posted: Thu Sep 13, 2012 3:17 pm Post subject: |
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Human development does not solely depend on their test-taking skills. Spitting on the street, sub-par education system, living in shacks made of fabric and sheet metal, few safety standards, a minimum wage of 4,000w/h, blindly following orders, etc...
Also, most foreigners are unable to fully interact with this country, as they are either ignored or taken advantage of for not being a native speaker of the language.
Anyway, it's nice to know that instead of offering advice, or simply ignoring the post, you picked a single line from a thread to have a discussion about. |
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alongway
Joined: 02 Jan 2012
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| Posted: Thu Sep 13, 2012 3:20 pm Post subject: |
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| If you could have told your story without being a hack troll then maybe you would have gotten some. |
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peach.bb
Joined: 01 Jan 2011
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| Posted: Thu Sep 13, 2012 3:24 pm Post subject: |
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| You must be a newbie. I'm so happy for you that you love this country. |
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alongway
Joined: 02 Jan 2012
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| Posted: Thu Sep 13, 2012 3:38 pm Post subject: |
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| peach.bb wrote: |
| You must be a newbie. I'm so happy for you that you love this country. |
Probably been here far longer than you child.
It's got nothing to do with love and everything to do with rational discourse. |
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Steelrails
Joined: 12 Mar 2009
Location: Earth, Solar System
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| Posted: Thu Sep 13, 2012 3:48 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.
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. |
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Who's Your Daddy?
Joined: 30 May 2010
Location: Victoria, Canada.
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| Posted: Thu Sep 13, 2012 4:54 pm Post subject: |
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| ^^Great post. |
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viciousdinosaur
Joined: 30 Apr 2012
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| Posted: Thu Sep 13, 2012 5:38 pm Post subject: |
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In the West, what happened to you is totally unacceptable and you could seek justice.
But this is not the West. It's not even the East. It's the land that time forgot. As foreigners we don't have to live here or drive here. We can go home. We accept the risk of working here that we might not be paid, be given legal benefits, or be treated professionally. The same applies to driving.
Funny enough I met a guy from Vietnam the other day. He told me he hates working here because Koreans are unprofessional. Imagine that. A guy from a developing country calling Korea unprofessional and backwards. |
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nora
Joined: 14 Apr 2012
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| Posted: Thu Sep 13, 2012 6:04 pm Post subject: |
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To add a bit to what SR said -
In Korea, everyone is considered a professional driver. That's part of the system here, and part of what makes it so "unfair."
If you drive through an intersection and get T-Boned by some guy who ran the red light, you are partially at fault because you didn't look to see if someone was running the light. If you get rear ended it's because you didn't move out of the way. And in your situation, you're partially at fault because you didn't move. You said you didn't have room to move, but that just means you were too close to the car in front of you.
Sure, it sucks when an accident happens, but the fact is, it rewards defensive driving. As others have said, if you don't like it, don't drive, but this is definitely the best outcome you can expect. Of course, feel free to cause trouble for the guys insurance company - they might just pay it off to keep you out of their hair. |
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crescent
Joined: 15 Jan 2003
Location: yes.
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| Posted: Thu Sep 13, 2012 7:58 pm Post subject: |
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| I was under the impression that now, NO-ONE can be assigned 100% fault in traffic accidents to deter those trying to scam another driver. That's just here-say from a Korean friend. |
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Who's Your Daddy?
Joined: 30 May 2010
Location: Victoria, Canada.
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| Posted: Thu Sep 13, 2012 8:38 pm Post subject: |
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| I think if you are stationary waiting at a red light and someone rear ends you that is 100% their fault. |
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crescent
Joined: 15 Jan 2003
Location: yes.
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| Posted: Thu Sep 13, 2012 9:00 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. |
I heard that there was a trend of people purposefully backing up into the car behind them just to collect on the accident. Most people have CCTV black boxes installed now to prove things like that, however. |
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Stan Rogers
Joined: 20 Aug 2010
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| Posted: Thu Sep 13, 2012 10:33 pm Post subject: |
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| crescent 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. |
I heard that there was a trend of people purposefully backing up into the car behind them just to collect on the accident. Most people have CCTV black boxes installed now to prove things like that, however. |
I would suggest a black box as well. It will record everything. The catch is however; if you are in the wrong, your black box recording can be used against you. |
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