Hello there.
Recently, I was involved in an accident while returning from a night shift job. I was in a hurry due to finishing late and needing to attend a Japanese language school a few hours later. While going downhill, I couldn’t stop at a red light and ended up passing it. Suddenly, an elderly man appeared in front of me and we collided. I found myself on the ground for a few moments. When I got up, two other people assisted the old man in sitting down. He was conscious and declined an offer for an ambulance when someone called for one. I apologized to him and put my work jacket on him to keep him warm as it was cold. I noticed he had a hematoma next to his left eye, similar to mine.
Shortly after, an ambulance arrived and transported him into the vehicle. A few minutes later, a relative of the old man arrived, got into the ambulance, and they departed. The police arrived after this and I provided them with a detailed account of what happened. They then requested that I contact my boss, which I did. The police and my boss had a conversation, after which they instructed me to accompany them to a police station. I complied.
At the police station, they inquired about bicycle insurance, but I explained that I didn’t have one, only national insurance. My boss arrived, had a discussion with the police, and it was agreed that he would serve as a mediator in this case. They released us, informing me that I would need to return to the same police station once I received a call from them. I returned home and spoke with the school regarding the situation. They assured me that the school’s insurance would cover the medical expenses. Now, I’m awaiting their call.
Is there a way for me to visit the elderly gentleman to ensure he’s safe? I feel a strong desire to apologize to him, as I understand that the accident was entirely my fault.
11 comments
Sounds like you did everything right, other than having bicycle insurance.
> Is there a way for me to visit the elderly gentleman to ensure he’s safe?
Good that you want to do that, the work insurance will get the details, and they will advise you as to whether or not you should visit.
If you do end up visiting, it’s usual to bring a small gift (cookies etc.) as part of showing your remorse. Be prepared, though, that they may not want to see you.
Let it be a lesson for the future.. saving like 10 minutes is never worth rushing for. Never rush, it just create more problems.
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If you want to apologize to the elderly gentleman, you can try and contact the police station involved and let them know. They can usually facilitate such a thing (and provide an easy way for them to refuse if they do not wish for you to come).
Also on the topic bicycle insurance, if you have renters insurance, that usually comes with some general liability insurance that counts as bicycle insurance though it may be lackluster compared to proper bicycle insurance.
Your boss is the mediator. Ask him about what you want to do, and even more about what you should do.
Also thank him and apologize to him to make sure you appreciate him helping.
The boss is probably involved because you were on the way to or back from work. In Japan the company is responsible to some extent about your commute. That’s why many companies officially don’t allow bicycles or cars for commute.
Good luck and be careful.
Wait, there’s bicycle insurance in Japan? Is this a new thing or did it exist 20 years ago when I lived there and I just hadn’t head of it?
Since you were either commuting to school or commuting back home from work you should be covered by one or the other insurance. I remember when I was a student they had this type of liability insurance for this exact scenario.
I’m sorry, but “we collided” is not accurate. You hit him. You are at fault in this accident.
For your sake, I hope he’s ok, and accepts your apology.
It’s commendable you stuck around to make sure the person you hit was ok, and did all the police report etc because you hear a lot of cases here where the cyclist just rushes away (making it a hit and run…. And I have no time for people who hit and run and they are scum)
But unfortunately to give it to you frankly speaking, two things are really going to bite you in the ass here:
(1) jumping the red light (criminal offense)
(2) not having bicycle insurance (which for past few years now, is legally require in many preferences, meaning a high chance of another criminal offense)
As you were commuting from work, then According to this link: https://www.aig.co.jp/kokokarakaeru/management/reparation-risk/bicycle01
You (the employee) are still responsible for civil liabilities, criminal liabilities, and administrative liabilities.
>従業員が加害者となる自転車事故が発生した場合、従業員には、①民事責任（損害賠償責任）、②刑事責任、③行政上の責任（自動車運転免許の停止※など）の3つの責任が生じます。
Basically, it seems the only thing workplace insurance covers is injuries you cause to yourself when commuting by bicycle.
But what’s confusing is the employer may also be liable for civil liabilities too
>このうち、①民事責任（損害賠償責任）については、企業も「使用者責任」（民法715条）を問われる場合があります。実際に使用者責任が認められるかどうかは、事案ごとの具体的な事実関係次第ですが、自転車の事故であっても、被害者が亡くなってしまったり、あるいは重い後遺障害を負ってしまうなど、被害が大きい場合には、高額の賠償額が命じられる場合もあります。
So, I guess there is a chance workplace will cover you for civil matters (if the person you hit sues you for damages)
However, Employers are usually supposed to do due diligence, by requiring the employee to show proof of bicycle insurance, before they authorize commuting by bicycle. So combined with jumping the red light, honestly not sure what will happen here with the work place insurance in regards to civil liabilities.
But let’s assume your workplace insurance is deemed responsible for civil liabilities, You might find that you’re still liable for the criminal penalties (jumping the red light and not having bicycle insurance). These will come with their own penalties.
In Japan, the company is responsible for you during your commute, so your company’s insurance should cover this.
As for how to handle this going forward, talk to your boss and follow his lead. He’s going to know more about this than you.
Finally, go and get bicycle insurance **now**. It’s not expensive and once you have it, they handle things like this instead of you.
I am not sure why some posters on here are portraying the OP as a ‘good guy’ for stopping. He actually admitted he was on the ground from the force of the accident and passerbys were helping the old man at this stage so he couldn’t really hit and run anyway.
The fact is the OP could have killed or seriously injured the old man because of his selfish actions. I hope the OP doesn’t get away scot free. These kind of people need to be dealt with seriously – anyone of us could be the next victim of a maniac on a bicycle.
Also, the OP is more interested in downplaying his role in the accident and trying to justifying his behavior than anything else.