If a person in possession becomes liable to compensate for damage as under Article 3, the injured party may file a claim with insurer for the insurer to pay the injured party damages of up to the amount of insurance coverage, pursuant to Cabinet Order.
If the insured compensates the injured party for damage and the insurer indemnifies the insured for that damage, the insurer is released, to the extent of the amount for which it has indemnified the insured, from the obligation to pay the injured party as referred to in the preceding paragraph.
Unless damage has arisen due to the bad faith of the policyholder or the insured, if the insurer pays damages to the injured party pursuant to paragraph (1), the insurer is deemed to have indemnified the insured for damage based on the contract for liability insurance.
If damage has arisen due to the bad faith of the policyholder or the insured and the insurer has paid damages to the injured party pursuant to paragraph (1), the insurer may claim the government to compensate it for the amount it has paid.
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(Filing a Claim with the Insurer for Damages)
If a person in possession becomes liable to compensate for damage as under Article 3, the injured party may file a claim with insurer for the insurer to pay the injured party damages of up to the…
第三条の規定による保有者の損害賠償の責任が発生したときは、被害者は、政令で定めるところにより、保険会社に対し、保険金額の限度において、損害賠償額の支払をなすべきことを請求することができる。
Open this provision(Automobile Liability )
A person that puts an automobile into operational use for that person's own benefit is liable to compensate for damage arising from the operation of the automobile if this results in the death or…
自己のために自動車を運行の用に供する者は、その運行によつて他人の生命又は身体を害したときは、これによつて生じた損害を賠償する責に任ずる。ただし、自己及び運転者が自動車の運行に関し注意を怠らなかつたこと…
Open this provisionperson in possession
「保有者」
The owner of an automobile, or anyone else with the right to use it, who puts it into operation (運行) for their own benefit.
Defined inArticle 2, paragraph (3)· applies throughout the law
liability insurance
「責任保険」
Automobile liability insurance (自動車損害賠償責任保険) as this Act provides for it: an automobile may not be put into operation (運行) unless a contract for it, or for mutual liability insurance (責任共済), has been concluded.
Short name set inArticle 5, paragraph (1)
insurer
「保険会社」
The insurer of liability insurance (責任保険): a non-life insurance company (損害保険会社) as defined in Article 2, paragraph (4) of the Insurance Business Act, or a foreign non-life insurance company, etc. (外国損害保険会社等) as defined in paragraph (9) of that Article, that underwrites liability insurance.
Short name set inArticle 6, paragraph (1)
damages
損害賠償
Compensation for loss one person has caused another. A debtor who does not perform an obligation as it should be performed, or cannot perform it, must compensate the creditor for the loss that results, unless the failure comes from a cause the debtor is not responsible for, judged by the contract or other source of the obligation and by accepted views in dealings (Civil Code, Article 415, paragraph (1)); and a person who, intentionally or negligently, infringes another's rights or legally protected interests must compensate for the loss that results (Article 709). It is paid in money unless otherwise agreed (Articles 417 and 722, paragraph (1)), and the parties to a contract may agree in advance the amount due if it is not performed; a sum fixed for breach (違約金) is presumed to be such an agreement (Article 420, paragraphs (1) and (3)). The Consumer Contract Act makes void the part of such an amount in a consumer contract, for its cancellation, with any penalty added, above the average loss the business would suffer from the cancellation of consumer contracts of that kind, measured separately for each category the clause sets, such as the reason for and time of cancellation (Consumer Contract Act, Article 9, paragraph (1), item (i)).
Written by AI using Civil Code, Arts. 415, 417, 420, 709, 722 and Consumer Contract Act, Art. 9 as a reference.