The Road Accident Victim Protection Act is for the victims whose life, body or health is injured from the conveyance using or being on the way, or from the goods carried or installed on such accident. This covers the driver, passengers and the person who is not one of those conveyances. The victim also includes the legal heir of the deceased victim. This protection act does not cover the property of the victim.
In this Act, “Conveyance”means conveyance under the law on vehicle, conveyance under the law on land transport, vehicle under the law on military vehicle, and it also includes other conveyance prescribed in the Ministerial Regulation.
The owner of conveyance who use or possess for use of conveyance must provide an insurance against loss for victims. The conveyance owner who has already insured against loss for victims which includes loss occurring to victims and properties, no more insurance against loss for victims is required. Thus, it is prohibited to use the conveyance which has not provided insurance against loss for victims.
The insurer shall pay the compensation in 2 parts:
First, the basic compensation such as healing expense, funeral and including compensation for damage and other basic expenses necessary for the victim’s recovery from the damage. The insurer shall pay to the victim within 7 days from the date that of receipt of request from victim. This is considering that there is no pending on investigation on liability. In the request of the basic compensation, the victim must then file an application within 180 days from the date the damage has occurred.
Second, the compensation which exceeds from the basic compensation. The insurer shall pay after the investigation, and shall then pay to the victim who does not have liability.
Additionally, the receipt of basic compensation shall not prejudice the rights to claim additional compensation under the civil and commercial code.
The victim can authorize the hospital, representative, relatives or legal heir to request the basic compensation from the insurer with the following:
The victim can also request for the basic compensation from the victim compensation fund from the following conveyance accidents:
The victim compensation fund shall completely pay the basic compensation within 7 days from receiving the request from the victim.
Reference: Office of Insurance Commission website