(Leaflet for victims)

Ehime Prefectural Police Headquarters

Introductions
Traffic accident and run away after hitting cases will give pain andsadly feeling.
This leaflet has been produced for any victim of a traffic accident or
their surrounding family members.
It discusses:○ What support system is provided by the Police?
○ What requests could the Police make to the victims and theirfamily members?
○ How are the traffic accident perpetrators punished?
○ What type of motor insurance is available?
We hope the leaflet will be helpful for you and your family members.

~
1

Table of Contents ~Any support provided by the Police・・・・・・・・・・・・・・1

2 The request to the victim and their family members ・・・・・・3

3 A summary of a criminal proceedings~ Outline of punishment the perpetrators ~・・・・・・・・・・44 The “Victim Support” Established within the Public Prosecutors
Office and The Court ・・・・・・・・・・・・・・・・・・・・85 The summary of motor insurance ・・・・・・・・・・・・・・11

6

Consulting offices to support victims in Ehime Prefecture ・・・15

7 Other Systems of aid and support・・・・・・・・・・・・・・17

１

Any support provided by the police

The police can support and help the victims of traffic accident andtheir families (hereinafter written as “the victims” in this leaflet) by
offering escort by a police officer, provision of information andproviding a consultation service.
①

Designated Victim Support Personal System
This system designates, besides investigations, a police officer
as “Victim Support Personnel” to support the victims that areemotionally upset not long after the traffic accident. The “Victim
Support personnel” will offer escort and accept consultation onvarious issues.

②

Victim Information System
The police understand that the victims have a vested interest in
how the investigation of the traffic accident proceeds, whether the
traffic accident perpetrators are caught or not, and what
punishment is imposed on the perpetrators.
In response to such interest, the police investigator in charge ofthe traffic will provide the victims with the following information
concerning serious traffic accidents etc.
◆ Information about the Traffic Accident Perpetrator○ Address, name/age etc, of the perpetrator○ The time and date and place of the traffic accident○ Progress of the investigation◆ Information about the criminal disposition for the party
responsible for the accident○ Arrest of the perpetrator○ Information regarding disposition of the perpetrator○ The public prosecutor’s office where the suspect was sent,
whether the suspect was indicted or not, the court where theperpetrator was indicted.
◆ Others
Some people simply want to forget about a traffic accident and1

do not want to be contacted.
In this case the victim should inform the police investigatorsof that effect.
③

Provision of information on administrative disposition
The perpetrator who has caused a traffic accident is subject toadministrative disposition such as revocation or suspension of
their driver’s licenses sanctioned by the public safety commission.
Prior to the administrative penalties (revocation and suspensionof more than 90 days), the perpetrator will be subject to a hearing
open to the public. A representative may attend hearing, however
when both the perpetrator and representative cannot attend,
disposition may be rendered without any hearing.
The police will provide information on the administrative
disposition and hearing upon your request in case of death andheavily hangover caused by traffic accident.
◆ Details of the administrative disposition
We will provide information regarding the administrative
disposition offered to the perpetrator (revocation, suspension
and the duration of suspension).

④

Police Consultation Services
The police officer supports such as expert counseling services forvictims. The following services are available.
○ Police General Consultation Services (Reception Desk For
Various Police Consultation Services)◆ Telephone 089-931-9110 #9110○ Traffic Accident Consultation Services◆ Police officer who is dealing with victim support of traffic
accident.(Ehime Prefectural Police Headquarters Traffic
Enforcement Division)
Telephone 089-934-0110◆ The nearest police station Traffic Section◆ To find out your nearest Prefectural Police Consultation
Service please visit Police Crime Support Office website ULR
2http://www.npa.go.jp/higaisya/home.htm○ Consultation Services for Counselling
To reduce the mental burden of victims suffering from shock
after the traffic accident, staff with specialized knowledge andskills on counseling are available. Consultation and counselingservice for the victims are available through collaboration withpsychiatrists and private counselors.
◆
Victim Support Center in Ehime Prefectural Police
headquarters Public Relations Section of General
Affairs OfficeTelephone 089-934-0110

２

The request to the victim and their family members

Police request the victims to cooperate necessary criminal
proceedings and therefore sometimes this cooperation arresting
imposes a burden on the victims.
This is a matter of great importance for arresting the perpetrator,
collecting evidence on the trial, imposing punishment on theperpetrator. So please cooperate with us by all means.
①

Police Questioning
The police investigator in charge will ask the victims in detailabout the situation where the accident occurred, getaway vehicle
and so on.
Especially, the serious case like fatal accident, please cooperatewith us because we need to investigate about the situation when
the accident occurred, before and after of the accident.
And hit-an-run case, we must catch and impose punishment on
the perpetrator as soon as possible.
※
Sometimes, in addition to the police questioning, theprosecutor will ask you.
You will wonder why they ask same thing again and again.
But it is very important to decide “Indictment” or“Non-indictment” by the prosecutor, please understand.
3

②

Voluntary presentation of the evidence
Sometimes the victims may be asked to submit the clothes,shoes, belongings at the time of the accident as evidence.
The evidence is needed to testify to the crime, please cooperatewith us.
Especially, we will inspect the clothes you submitted for solving
the situation of the accident on the fatal accident, and for finding
the trace that identifies the getaway vehicle.
※ We will return the evidence you submitted whenever it does
not need to have the custody of them in the process ofinvestigation or the trial, even if the trial have not finished. (Itis called ｢Return｣.)③

Attendance of On-the-spot Investigation
Victims may be asked to be attended on the On-the-spot
Investigation of the accident scene.
We will ask you to make clear the situation of the accident forkeeping impartiality.

④

Witness of the trial
Victims may sometimes be asked to testify during the trial forthe proof of crime. (It is called “Witness examination”.)
The various measures have been introduced by the court.
Please read 『4 The “Victim Support” Established within the
Public Prosecutors Office and The Court』 written in the latter
part.

３

A summary of a criminal proceedings～ Outline of punishment the perpetrators ～The following is the punishment procedures when a traffic
accident occurs.
Investigation→
Indictment
→
Trial

4

①

Investigation
Investigation is an activity whereby the perpetrator is identified
through collecting evidence, the case is solved by investigating thefacts and imposing punishment on the perpetrator.
The following investigations are carried out by the police whentraffic accident occurs.
◆ Police Questioning
The police investigator in charge will ask you in detail about
the situation where the accident occurred and the situation
where the report of the traffic accident was filed.
We will take a deposition.
◆ On-the-spot Investigation
On-the-spot Investigation involves the police officer
investigating the following in detail in order to identify thesituation and the cause of the accident:○ The scene of the traffic accident○ Clothes the victim wore at the time of the accident or thevehicle involved in the accident◆ Sending suspects to the public prosecutors office
When the suspect is arrested○ If it is deemed necessary for investigation, the suspect will
be arrested and sent to the public prosecutor with relevant
documents and evidence within 48 hours after the arrest.
○ If the public prosecutor decides it is necessary to detain thesuspect, he or she will ask the judge to issue a detainment
order within 24 hours after the suspect has been sent.
○ When there is a need to detain the suspect for a longer
period, the suspect may be detained for a maximum of 20
days.
When the suspect is not arrested○ When the suspect is not arrested and is investigated on a
voluntary basis, the relevant documents and evidence will besent to the public prosecutor after the police have collected
evidence.
5

②

Indictment
The prosecutor will decide whether or not to bring the suspect totrial on the basis of the evidence sent.
◆ Bringing the suspect to trial is called “Indictment”◆ Choosing not to bring the suspect to trial is called“Non-indictment”
There are two types of requests available to a prosecutor
seeking indictment.
◆ “Demand for a Trial” that requests for a public trial.
◆ “Summary indictment” which requests a judicial trial wherefines or minor fines are ordered through written proceedings.
(After the suspect is indicted, he or she is referred to as the“Defendant”)※ The prosecutor may question the victim in order to decide
whether to proceed with an indictment or not. We appreciate
your cooperation.
※ If the prosecutor has not to indict a suspect, an application
for review may be made to the Committee for Inquest of
Prosecution of the district court.

③

Trial
After the indictment, the district court decides the date forpublic trial. At the trial, the judge will conduct a trial based onevidence and give decision.
If the prosecutor or the defendant complains of the decision,
they will appeal to a higher court (High court etc).

6

Criminal Procedure Chart

Occurrence of

Begin Criminal Investigation

Traffic Accidents

Within 48 hours

Referral to theProsecutor’s office

Police Procedures

ArrestVoluntary Investigation

Police questioning of victims and parties involved.

ReferralReleaseWithin 24
hours

Request for
detention to
the judge

Maximum 20 days

Detention

Prosecutors
Office Procedures

Detention

Court Procedures

Demand for a trial

Referral

Questioning by prosecutor

Non-indictment

Indictment

Documentary examination

Trial

Summary OrderAppearance in court of a witness

Judgement＊ If the suspect is a juvenile (less than 20 years of age), a juvenile trial proceeding etc.,
may be followed. A juvenile trial follows a different set of procedures than listed here.

7

４

The “Victim Support” Established within the Public Prosecutors
Office and The Court①

The “Victim Support Personnel System” Established within the
Public Prosecutors Office.
Public Prosecutors Offices nationwide designate a “Victim
Support Personnel” to support victims and help ease the burden
and anxiety of the victims.
The Victim Support Personnel offers support in the form of
consultation to the victims on various issues, escorting them to a
court, assistance in viewing of dossiers, return of evidence andother procedures. They will also introduce relevant organizations
and groups that offer mental, everyday living and financial
support depending on the condition of the victim.

②

The “Victims of Crime Notification System” Established within
the Public Prosecutors Office
If the victims, committed a case to Public Prosecutors Office, his
relative, common-law marriage, fiancé (or fiancée), and so on, they
hope a notification against The Public Prosecutors Office, thefollowing services are available.
◆ Outcome of the criminal trial (Indictment, Non-indictment)◆ The Court and The day that the case is on trail◆ Outcome of the trial◆ The situation of the criminal, the fact of indictment, thesummary of the reason of Non-indictment◆ The information that the criminal will be out of the prison
Also, especially, only when (for prevention of re-damage) it will
be notified for you that release time in the release direct first yearof the criminal.
(Even if you hope a notification, we could not notify you in thiscase the prosecutor should judge not to notify you for theproperties of the case.)

8

③The System to reduce the mental burden of witness with thecriminal trial
Victims may sometimes be asked to testify the situation of thedamage and the mind against the defendant, witnesses may
sometimes be asked to testify the situation to witness the (traffic)
accident.
The following measures have been introduced by the court toprotect the victim.
◆ To be accompanied with a person deemed to be appropriate by
the court.
◆ To be set physical shield to hide the victim from the defendant
and audiences.
◆ To testify from a different room via a video monitor.

④

In addition, the system that is available by the criminal trial.
◆ After the first court day, in principle, the victims may inspect
and copy the dossier of the criminal case.
◆ Victims will be given an opportunity to express their feeling,
about the harm they suffered or give their opinion concerning
the crime.
◆ Upon their request, victims are given consideration to havepriority, in observing the court proceeding.
◆ When a out- of-court settlement is reached between the victim
and defendant, the details of the out-of-court settlement may be
written down in the record of investigation to avoid civil suit.
◆ At the Public Prosecutors Office, victims may receive a paper
copy of the summary of the opening statement made at the
Public Prosecutors Office.
◆ Victims participation system
Victims of dangerous driving resulting in injury or death orautomobile driving manslaughter are allowed to join in criminal
trials with court permission as “victim participants”, a status in
the proceedings.
To be specific, a victim can attend trials on the court day andunder certain conditions he/she can give opinion about the fact
9

or the application of the law.
◆ Court-appointed lawyer system for victims
Victims’ participants can entrust a lawyer with theappearance on court day and questioning to the defendant.
If you were short of your money, the government will pay thecost of employing the lawyer.
Even if the means are poor, it is the system that a country
bears a legal fee to be able to use the help of the lawyer.
◆ Compensation order system
The intentional crime such as dangerous driving causing
death or injury, accompanies with a criminal trial, as the
exception, the civil trial procedure that compensation fordamages request requires, temporarily and quickly, it is thesystem that established in order to be settled.
⑤

The system that is available by the juvenile◆ After a decision on commencement of hearing has been made,you can, in principle, peruse and copy the dossier of the juvenile
criminal case stored in the court (expecting so-called social
records which report surveys concerning the necessity ofprotection of the juvenile).
◆ Against the Family Court, you can be given an opportunity
to express their feelings about the harm they suffered or give
their opinion about the crime.
◆ With the family court permission, you can be allowed to hearin the juvenile.
As much as possible, please do your request against thefamily court.
◆ The victims can receive explanation about the circumstance ofthe hearing from the Family Court.
◆ The victims can receive notifications of the result of thehearing from the Family Court.

10⑥

Consultation window of the Public Prosecutor’s
In order to use the consultation about the harms and inquiry
about the case. Freely, it is established the Victims Hotline as the
dedicated phone. The Victims Hotline can not only use thetelephone but also the fax. Above services are available at nightand holiday. Please use the following services.
◆ The Victims Hotline of Matsuyama Distract Public
Prosecutors Office
Tel : 089-935-6607◆ The gateway of The Victims Hotline to Public Prosecutors
Officehttp://www.moj.go.jp/keiji1/keiji_keiji11-9.html

５

The summary of motor insurance

The security system for the victim of traffic accidents is as
described below.
① Automobile Liability Insurance and Voluntary Insurance
Automobile insurances are operated under two systems.
One is, called the compulsory insurance (includes mutual aid),
automobile liability insurance, and the other is the voluntary
insurance (includes mutual aid).
◆ Automobile liability insurance, which has an obligation to be
insured in order to be designed to provide relief for victims of
traffic accidents◆ Voluntary insurance, which supports guarantees not to becovered by automobile liability insurance
The following is a comparison of the two systems:

11

Voluntary Automobile

Automobile Liability Insurance

Insurance

Compulsory (obligation)

Membership

Physical injury only

CoverageMax. amount ofDeath

30 million yen

Injury1.2 million yen

Physicalbenefit Paid

Voluntary
Physical Injury andProperty Damage
Maximum amount ofcompensation based on
the insurance policy

750,000 –impediment

40 million yen(Based on the Gradeof Disabilities 1-14)

About physical injury, fundamentally, it is covered by automobile liability insurance.
If the amount of damage exceeds the limits of coverage, the exceeding amount would becovered by voluntary automobile insurance.
For example, because of a death accident, if the amount of damage would be calculated
at 70 million-yen, automobile liability insurance compensated up the maximum amountof 30 million yen, about the shortfall of 40 million-yen, voluntary automobile insurance
contracting the perpetrator or physical Injury Insurance insuring the victims, which
compensated by the whole or partial amount. If the compensation can not cover theamount of damage, or the parties involved are not contracted, the perpetrator must beliable for the guarantee of the damages by himself (herself).

Payment
Amount of damage
70 million yen

Payment

Compensated by Automobile Liability
Insurance
Up to the maximum amount of
30 million yen

What happens to the shortfall of
40 million yen?
・ Covered by Voluntary Automobile Insurance ・・・・
Compensated within the coverage of the policy
・ Not Covered by Voluntary Automobile Insurance ・・・
The perpetrator is liable for the damages the guarantee

12

○
１

Automobile Liability Insurance
Claiming for Automobile Liability Insurance
The perpetrator or victim, by putting out the traffic accident,
certificate, and other necessary documents, are able to request theguarantee of the damage against the motor insurance companies(including unions),⑴ Making a claim as a victim
Victims can claim the guarantee of the damage directlyagainst the motor insurance company insuring the car of thetraffic accident.
⑵ Making a claim as an perpetrator
If, the driver or the owner of the vehicle, already has paid thecompensation to the victim, who can claim against the casualty
insurance company for the compensation to the victim.
Even before reaching settlement of the amount of damage,whenever the victim pays the medical bills to the medical
institutions, and whenever the perpetrator pays thecompensation to the victim, within the allowable limit, thevictim or the perpetrator can claim guarantee against the motor
insurance company.
Procedures for Claiming Insurance

Submit documents
Request for Investigation
Investigation
Claimant
Motor
Non-Life Insurance
Parties
Perpetrator
Insurance
Rating Organization
involved inor Victim
Companyof Japanthe accident
Payment
Report２

Suspense Payment System
For the victim, in order to avoid running into the difficulty the
daily life due to the accident, prior to reaching an out-of–court
settlement, for use in paying for immediate expenses, the victim
can claim the suspense payment against motor insurancecompanies.
※ As for details processes to claim the suspense payment,
please inquire motor insurance companies.

13

Time limit for making a claim

３

Claim Type
InjuryPhysicalSince when

Till when

Date when treatment Within three years after theended

accident

Date of symptom

Within three years after the

Impediment stabilization
Deathdate of symptom stabilization

Date of death

Within three years after thedate of death※ Date of symptom stabilization is determined by adoctor, and points to a certain time when the symptoms
have stabilized, and widely accepted medical treatment will
have no further medical effectiveness.
◆ Voluntary Insurance (Mutual Aid)
As for details processes to claim the suspense payment,
because of the method of claiming differs per insurance company,
please inquire motor insurance companies that you contract.
Automobile Liability Insurance Security Project
For the following types of accidents causing physical injury,
the victim could not make a claim for Automobile Liability
Insurance.
◆ The hit-and-run driver of the automobile is unidentified.
◆ The driver that caused the accident is not insured under
Automobile Liability Insurance.
◆ Because it was the stolen car caused the accident, the victim
could not claim the guarantee against automobile liability
insurance of the car is contracted.
The system, called “Automobile Liability Security project”, inthese above circumstances, in order to protect the victim basedon the Automobile Liability Security Act. is compensated for theamount of damages.
As for methods and documents required for above procedures,
please ask your insurance company and Agricultural
cooperative and so on.

②

14

③

Other Liability Claims
As for the liability of the damage for automobile accidents
causing injury, based on Article 3 of the Automobile Liability
Security Act, against not only the perpetrator but also the ownerof the car, victims could make a claim for the property and themental damage.

６

Consulting offices to support victims in Ehime Prefecture

Beside the police, public offices, public institutions and variousorganizations offer the following advisory centers and counselingservices.
Consultation Services
Name
Consultation
Office for the
Traffic Accidents

Description◆

Ehime prefectural consulting office
Ehime prefectural office has “traffic accident consulting
office”.
9:00～16:00 excluding prefectural office holiday℡

Nichibenren

089-941-2111 (extension 5586)

Offers Free legal consultation on the percentage ofTraffic Accident

negligence or any troubles with insurance payment,

Consultation

mediation of out-of court settlements regarding negotiation

Center Ehimeof damages, and higher brain dysfunction due to traumaticbrain injury.
13:30～16:00 on Tuesdays (reservation only)℡

089-941-6279

15

Consultation
Center of Japan

Sompo ADR Center◆

Accepts consultations on automobile liability insurance

Non-life Insurance and car insurance.
Association℡

0570-022808

Weekdays 9:15～17:00(Excluding national holidays, End-of-year and the
New Year)
Consultation
Office ofAccepts

consultation

atnational

mutualbenefitassociation of Agricultural Cooperative Ehime main office.

Agricultural℡

089-948-5551

Cooperative fortraffic accidents
Consultation
Office for Traffic

Situated inside the main office, branch offices, businessoffices of each Casualty Insurance Company.

Accidents ofCasualty
Insurance
Companies
Victim Mental
Support Center

This is a group established for the purpose of supporting
victims.
Accepts Consultation on Tuesday/ Saturday 10:00～16:00

Ehime(Excluding national holidays, End-of- year and the New
Year)℡

089-905-0150

The Japan Center

Part-time lawyers offer mediation of amicable settlements

For Settlement ofand legal consultations to aid the victims of traffic accidents.

Traffic Accident℡

087-822-5005

Disputes＊

７

Please contact the relevant organizations for more information.

Other Systems of aid and support

The following systems of aid and support are available for victimsof traffic accidents.
１ Aid and support systems carried out by various support
organizations
16

Name

Description

Japan Legal Support

The Center provides free information on lawyers who

Centerare knowledgeable about the aid of victims and crime

Crime Victims

victim support organizations. The Center also provides

Support Telephone

legal consultations at no charge and advances fees for

Numbercourt representation ado document preparation fees for℡

0120-079-714

people with financial difficulties.

Japan Legal Support
Center Ehime℡

050-3383-5580

Furthermore, commissioned by the Center Japan
Federation of Bar Associations, the Center also assists in
attorney fees for victims of certain crimes, from a humanrights standpoint.

National Agency for

The group offers the following victim assistance

Automotive Safetybusiness such as loan for living expenses for orphans ofand Victim’s Aid

traffic accidents or children of a traffic accident victim℡

089-960-0102

with severe residual disabilities until the orphans or thechildren graduate junior high school.

Hotline for Victims

Care payment for a traffic accident victim with①of Traffic Accidents℡

severe physical impediment that requires full-time or

0570-000738

Weekdayspart-time care.
Grant to cover costs for a short term admission into a②

9:00～17:00

hospital or short-term entry into a nursing home fortraffic accident victims with severe residual disability.
Setting up and operating Nursing Care facilities to③treat and nurse patients with president disturbance of
consciousness due to traffic accidents.
Loan for living expense for orphans of traffic④

accidents or children of a traffic accident victim withsevere residual disabilities.
Consultation on care and consultation on every-day⑤

life for orphans of traffic accidents.
Carrying out “Meeting of Friends” activities as⑥

opportunities to exchange feelings among families who
experienced similar damages.
Foundation forOrphans from a traffic accident under 13 years ole andOrphans from

who make contributions from some of the payment they

Automobile Accidents have received as traffic accident damages are eligible to℡

0120-16-3611

join the “Foundation for Orphans from Automobile17

Weekdays

Accidents”. Combining the contributions with the aid

9:00～17:00

money from the government and private cooperationgroups, the Foundation will manage the funds and pay
out a certain amount as benefit to the orphans, 4 times ayear (March, June, September, December) until they are
19 years old.
Please contact the Head Office of the Foundation formembership details.

Highway Exchange

The Foundation offers financial aid for high school

promotion

students, who can not receive schooling due to financial

Foundationdifficulties and who are orphans of traffic accidents that℡

03-6674-1761

have occurred on roads managed by East Nippon

Weekdays

Expressway

Company

Limited,CentralNippon9:30～17:00

Expressway Company Limited, and West Expressway
Company Limited.

Scholarship

The association offers scholarships to high school

Association

students and above who have difficulty studying due tofor Orphans fromfinancial reasons, such as their parents dying in a car

Automobile Accidents accident or being unable to work due to severe sequelae.
℡

03-3556-0773
0120-521-286

Weekdays
9:00～17:30＊

Please contact the relevant organizations for more information.

Support system in terms of tax regulations“Tax deduction and allowances” that reduces income tax may beavailable for victims, who have paid medical fees for injuries,
suffered physical injuries or have been separated from theirspouse by death due to traffic accidents.
The following are examples of the tax deduction and allowances
available.

２

Name
Medical Expenses
Deduction

Description
Tax deduction for the amount (only for the sum thatexceed a certain amount) of paid medical bills (excludes
insurance coverage received to compensate for the said
medical bill).
18

Allowances for

Tax deduction of 270,000 yen to a disabled person

disabled persons(400,000 yen when the disability is severe. Same shallapply hereafter), and 270,000 yen per one disabled person
if the disabled person is a dependant.

Widow’s (Widower’s)

In general, tax deduction of 270,000 yen to the wife

exemption(widow) separated from her husband, or the husband(widower) separated from his wife.

＊

Please contact the nearest tax office for more details.

Welfare System
There is a welfare loan system for single-mother householders
that have lost the father due to a traffic accident. Available loans
include Child Raising Allowance and Welfare Funds for Motherswith Dependable Children.
The Livelihood Protection System provides for those who due toloss of income, or low income, have trouble making a living withnecessary protection such as maintenance allowance, education
allowance, housing allowance, and medical assistancecorresponding to their needs.
Windows of Cities・・・Welfare office in each city
Windows of Towns・・・Local Welfare Division in Ehime
Prefectural offices

３19Please feel free to contact us when you have questions,
uneasiness or requests.
【The person to contact】

Name
SectionDivision
Police stationTel(extension)