How is consolation money calculated in traffic accidents?

What the Law Says

Japanese law does not define or prescribe a statutory formula for calculating consolation money (慰謝料) for pain and suffering in traffic accidents. Instead, courts and insurers rely on unofficial but widely accepted guidelines — primarily the 'Red Book' (自賠責保険・損害賠償額算定基準, Jibaiseki) published by the Japanese Automobile Liability Security Association.

The Red Book provides daily rates for consolation money based on the duration and severity of injury: ¥3,000 per day for mild outpatient treatment, up to ¥15,000 per day for severe injuries requiring long-term hospitalization or causing permanent disability.

These amounts are applied to the total number of days of medical treatment (including hospitalization, outpatient visits, and recognized recovery time), and may be adjusted upward for particularly painful or disfiguring injuries.

Importantly, no Civil Code or Road Traffic Act provision defines these figures — they are practical benchmarks used for settlement negotiations and court awards, not legal mandates.

What to Do

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