Can victim claim directly from compulsory insurance?

What the Law Says

Japanese law grants victims a statutory right to claim directly from the compulsory automobile liability insurer — bypassing the at-fault driver entirely. This ensures swift compensation for bodily injury or death caused by motor vehicle accidents.

Under the Automobile Liability Security Act, every vehicle owner in Japan must carry compulsory insurance (jibaiseki hoken). This insurance is designed first and foremost to protect victims — not drivers.

The law explicitly gives victims the right to demand payment directly from the insurer, even if the driver refuses to cooperate, is uninsured, or cannot be located. The insurer must process the claim independently of the driver’s involvement.

Compensation covers medical expenses, lost income, disability, and death benefits — up to statutory limits. There is no deductible, and the victim does not need to prove the driver’s negligence to receive mandatory coverage.

Statutory Text

A person who has suffered damage to life or body caused by an automobile… may directly request payment of insurance money from the insurer.

— Automobile Liability Security Act, s. 5 — Right to Direct Claim

Statutory Text

The amount of insurance money payable for damage to life or body shall not exceed ¥120,000,000 per person.

— Automobile Liability Security Act, s. 6 — Limit of Liability

What to Do

Sources