What to Do When Involved in a Car Accident in Korea

Though of course no one ever wishes to get into a car accident, it is always important to know what to do in the off chance that you do happen to get involved in one. To give you a helping hand in this matter, the Gwangju News tracked down a couple of local experts here in Gwangju and asked for the real scoop on hit-and-runs, insurance claims, and other important topics.

Interviewee: Na Seung-pyo – Liaison Officer of Foreign Affairs, Gwangju Dongbu Police Station

Gwangju News (GN): How is a “hit-and-run” accident classified here in Korea? What should you do if you get involved in one?

Na: A “hit-and-run” occurs when the driver flees after causing a traffic accident. However, in specific police terminology, a “hit-and-run” occurs when an individual who has caused a traffic accident flees without taking proper action. Proper action must be taken when either (a) a person is killed by a traffic accident, or (b) a vehicle or other object is damaged or destroyed in an accident. The person at fault must stop immediately to mitigate any further damage and provide his/her personal information (name, phone number, address, etc.).

The most important thing in all traffic accidents, including hit-and-runs, is to care for those who are injured. You should report to the police (112) or paramedics (119) immediately and remember to not get flustered and remain calm. In hit-and-run accidents, unlike general traffic accidents, there are severe penalties for the perpetrator in a court of law. If you are a victim of a hit-and-run accident, you should call the police immediately. This is because the police can arrive at the scene to take quick action, such as securing witnesses, checking closed-circuit television (CCTV), and checking black box images. It is helpful to let the police know information such as the fleeing vehicle’s license plate number, type of vehicle (passenger car, SUV, truck, etc.), vehicle color, etc.

GN: In what situations should the police be called (in addition to the driver’s insurance company)?

Na: In Korea, when a person is a possible suspect for a traffic accident, or suspected of damaging an object, that driver is obligated to report himself/herself to the police station. Of course, victims of traffic accidents and witnesses can also report such cases to the police. The contents of the report should include the place where the accident occurred, the number of casualties (if any), as well as damages and their severity. If the proper authorities are not present at the scene, be sure to try to check whether the driver who caused the accident has been identified as well as if he/she were drunk or driving without a license. If someone is not insured, driving without a license, or driving drunk, be sure to hand over the case to the police or traffic crime team immediately.

Accidents involving only physical damage will be terminated without a police investigation if the accident vehicle is insured or if there is a mutual agreement with the victim. “Physical damage” refers to when there is an accident in which all the occupants, including the driver, have no personal injury resulting from the accident. At this time, the insurance company will accept the accident and receive instructions on repairing the vehicle or rewarding money for the damages.

GN: If involved in a car accident, is it best to leave the vehicle where it stands or pull it over to the side of the road until the insurance company or police arrive? What precautions should a driver take to ensure there is no manipulation of evidence by the other driver?

Na: If you are a driver in a car accident and is not seriously hurt, you must first turn on the vehicle’s emergency lights so as to inform the other drivers on the road of the traffic accident. While maintaining your own safety, you should take pictures of the scene of the accident from various directions and agree with the other driver(s) involved to move the vehicles to the right side of the road quickly so as not to interfere with other traffic.

Fatal accidents due to secondary accidents on highways are particularly frequent, so take necessary measures, such as taking pictures and moving your vehicle to the shoulder as quickly as possible. It is a good idea to turn on the emergency lights and install a hazard triangle behind the vehicle and wait until the police or insurance agent arrive. This is because other drivers who are unable to identify the accident could run into the damaged vehicle(s), causing another accident and resulting in death or serious injury to the person with the already damaged vehicle. If the other driver in the accident is drunk or has been driving without a license, he/she may change his/her seat with the passenger or flee the scene altogether. Therefore, it is important to identify who the opposing driver is and inform the authorities accordingly. We recommend installing black boxes because black box images can serve as crucial evidence in traffic accidents.

Interviewee: Seo Jin-hyeok – Local insurance agent

Note. This information does not constitute legal advice and should only be used as general information. There are simply too many factors that could change a case one way or the other. If you are involved in a car accident, be sure to call your insurance company and talk with your agent accordingly.

GN: What does car insurance typically cover in an accident? How much is the deductible?

Seo: There are four components to car insurance liability coverage: bodily injury liability, property damage liability, own bodily injury, and own vehicle damage. In Korea, it is compulsory to have car insurance, and the mandatory minimum coverage for an opposing vehicle is 20 million won for the property damage liability and 100 million won for bodily injury liability. For the other components, the policyholder can decide at his/her own discretion. It is recommended to take out comprehensive insurance for more secure coverage.

Comprehensive insurance holders, as a result of an accident by the insured, pay up to 20 percent (minimum 200,000 won – maximum 500,000 won) of their own vehicle damages as a deductible. For liability insurance, up to 20 million won for property damage and different limited amounts for bodily injury liability will be covered, but you need to pay the rest. Also, you need to pay for damage to your own vehicle according to the degree that you are at fault for the damage.

GN: Once the insurance company is called, how soon will an agent arrive at the scene? What do you usually tell drivers to do if they get into an accident?

Seo: Depending on the situation, usually it is expected that an agent will come approximately 20 minutes after your call. As for protocol once in an accident, since the driver’s safety is the top priority, it is important to get yourself to a safe place as soon as possible. Next, you need to take pictures of the scene and secure witnesses. If you have a black box, remove it from your vehicle and check if the accident was recorded. If the vehicles interfere with traffic, move the vehicles to a safe space with the consent of the other party.

GN: Will car insurance cover the cost of a rental vehicle while the vehicle is being repaired? What is the maximum amount of time before the driver has to pay out of pocket?

Seo: If the other party is 100 percent at fault, the whole rental cost will be covered for ten days in case of complete destruction and 30 days in case of repairs. If you do not want to rent a vehicle, 30 percent of the rental cost will be provided to you for transport costs. If you are at fault for the accident, there is no compensation for a rental vehicle or other transportation costs while your vehicle is being repaired. The insurance company will usually partner with certain mechanics, and in certain cases, the mechanics will provide a rental vehicle free of charge.

The Author
Wilson Melbostad is an international human rights attorney hailing from San Francisco, California. Wilson has returned to Gwangju to undertake his newest project: the Organization for Migrant Legal Aid (OMLA), which operates out of the Gwangju International Center. He has also taken on the position of managing editor of the Gwangju News.