If the death or bodily injury of another person results from a person in possession's operation of an automobile covered by a contract for liability insurance, the injured party, pursuant to Cabinet Order, may file a claim with the insurer for it to pay the injured party the amount that Cabinet Order prescribes as a provisional payout to pay damages under Article 16, paragraph (1).
On receipt of a claim as referred to in the preceding paragraph, an insurer must pay the amount of money subject to the claim without delay.
If the amount of a provisional payout as referred to in paragraph (1) exceeds the damages to be paid, an insurer may demand the return of the part in excess.
If an insurer makes a provisional payout referred to in paragraph (1) but the person in possession is not liable to compensate for damage, the insurer may ask 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(Provisional Payouts to Injured Parties)
If the death or bodily injury of another person results from a person in possession's operation of an automobile covered by a contract for liability insurance, the injured party…
保有者が、責任保険の契約に係る自動車の運行によつて他人の生命又は身体を害したときは、被害者は、政令で定めるところにより、保険会社に対し、政令で定める金額を第十六条第一項の規定による損害賠償額の支払のための仮渡金として支払うべきことを請求することができる。
Open this provisionautomobile
「自動車」
An automobile as defined in Article 2, paragraph (2) of the Road Transport Vehicle Act, other than a small-sized special purpose vehicle (小型特殊自動車) built for farm work, and a motorized bicycle (原動機付自転車) as defined in paragraph (3) of that Article.
Defined inArticle 2, paragraph (1)· applies throughout the law
operation
「運行」
Using an automobile in the way its equipment is meant to be used, whether or not it is carrying people or goods.
Defined inArticle 2, paragraph (2)· applies throughout the law
person 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.