South KoreaHow does a traffic accident victim file a damage claim?
A traffic accident victim in South Korea files a damage claim by submitting a written request to the at-fault driver’s insurance company, or by filing a civil lawsuit within 3 years of the accident.
What the Law Says
South Korean law provides clear procedures for traffic accident victims to seek compensation for damages. The key statutes governing liability, claims, and time limits are the Automobile Management Act and the Civil Act.
Under the Automobile Management Act, drivers involved in accidents causing injury or property damage must report the incident to police within 15 days — failure may affect insurance eligibility.
The Civil Act sets the general statute of limitations for personal injury and property damage claims at 3 years from the date the victim knew (or should have known) of the damage and the liable party.
Victims may pursue compensation directly through the at-fault driver’s compulsory automobile liability insurance (CALI), which covers up to KRW 20 million per person for bodily injury under standard policies.
If the claim exceeds CALI limits or is denied, the victim may file a civil lawsuit. Small claims (≤KRW 20 million) can be filed without an attorney in district court.
Statutory TextAny person who causes damage to another person by operating an automobile shall be liable for compensation for such damage.
— Civil Act, s. 750 — Liability for Damage Caused by Automobile Operation
Statutory TextThe right to claim compensation for damage caused by an automobile shall be extinguished after the lapse of three years from the time when the injured party becomes aware of the damage and the identity of the obligor.
— Civil Act, s. 766 — Limitation Period for Automobile Damage Claims
Statutory TextThe operator of an automobile involved in an accident resulting in injury or death shall report the matter to the competent police authority without delay, and in any case within fifteen days.
— Automobile Management Act, s. 52 — Reporting Obligation
What to Do
Report the accident to police within 15 days (if injury or death occurred).
Gather evidence: photos, witness contacts, medical records, repair estimates.
Submit a written damage claim to the at-fault driver’s insurance company — they must respond within 7 days.
If denied or underpaid, file a civil complaint at the competent district court within 3 years.
For claims ≤KRW 20 million, consider the small claims procedure (no lawyer required).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.