Last week I hit a pedestrian.
(Please go gently with any chastisements or criticism. I know biking on the sidewalk is illegal, and I try to keep it to an absolute minimum, but sometimes it's unavoidable. I've biked on the streets of Tokyo every day for the past 3 years with zero pedestrian-related incidents.)
I was biking on the sidewalk from my apartment up a hill, and as I turned onto a small road to get off the sidewalk, I dodged an oncoming pedestrian and went around a blind corner only to hit another pedestrian head-on.
She fell down and sustained a cut on the elbow and a bruised knee.
She stood up, I asked if she was okay and apologized. She said she was okay and took a couple steps. That's when she realized her sandal was broken. She asked me to pay for it, so I took out a 5000 yen note. She seemed offended and told me they were Prada. I asked her to show me, so she did.
We exchanged business cards and it seemed that she was going on her way, so I did too.
I later got a call from the police, saying she had filed a report and that I had technically done a hit-and-run. They said I should call the woman and apologize and work things out.
I contacted her and apologized. She later sent me hospital receipts and a quote for fixing her sandal. She also wants me to pay for her taking a half-day off work.
All of this is perfectly understandable. I was in the wrong and caused her bodily harm and property damage.
However, she is also asking for 50,000 yen for emotional distress (慰謝料). She includes my attitude towards her after the accident (taking out cash to pay for her shoe, when that was the first thing she said), and that she will not be able to wear said sandals for the 3 weeks it will take to repair them.
Unfortunately, I don't have bike insurance, so writing it all off is not an option.
While I am prepared to pay up to a point, a total of 100,000 yen seems a bit exorbitant.
Am I getting gouged? Do I have to take it?
Someone else posted about an Alternative Dispute Resolution Center (http://www.bpaj.or.jp/report/adr_shiori.pdf) a while back. Has anyone used it?
Any advice (of the constructive kind) would be welcome.
(Please go gently with any chastisements or criticism. I know biking on the sidewalk is illegal, and I try to keep it to an absolute minimum, but sometimes it's unavoidable. I've biked on the streets of Tokyo every day for the past 3 years with zero pedestrian-related incidents.)
I was biking on the sidewalk from my apartment up a hill, and as I turned onto a small road to get off the sidewalk, I dodged an oncoming pedestrian and went around a blind corner only to hit another pedestrian head-on.
She fell down and sustained a cut on the elbow and a bruised knee.
She stood up, I asked if she was okay and apologized. She said she was okay and took a couple steps. That's when she realized her sandal was broken. She asked me to pay for it, so I took out a 5000 yen note. She seemed offended and told me they were Prada. I asked her to show me, so she did.
We exchanged business cards and it seemed that she was going on her way, so I did too.
I later got a call from the police, saying she had filed a report and that I had technically done a hit-and-run. They said I should call the woman and apologize and work things out.
I contacted her and apologized. She later sent me hospital receipts and a quote for fixing her sandal. She also wants me to pay for her taking a half-day off work.
All of this is perfectly understandable. I was in the wrong and caused her bodily harm and property damage.
However, she is also asking for 50,000 yen for emotional distress (慰謝料). She includes my attitude towards her after the accident (taking out cash to pay for her shoe, when that was the first thing she said), and that she will not be able to wear said sandals for the 3 weeks it will take to repair them.
Unfortunately, I don't have bike insurance, so writing it all off is not an option.
While I am prepared to pay up to a point, a total of 100,000 yen seems a bit exorbitant.
Am I getting gouged? Do I have to take it?
Someone else posted about an Alternative Dispute Resolution Center (http://www.bpaj.or.jp/report/adr_shiori.pdf) a while back. Has anyone used it?
Any advice (of the constructive kind) would be welcome.