Vehicles congest the Omotesando district of Tokyo during rush hour. (Tim Wightman / Stars and Stripes)
The concept of toughing out injuries doesn’t fly in Japan, particularly after traffic accidents, military legal experts say.
Bill Behymer, who works at the Naval Air Facility Atsugi housing office, was a Navy master-at-arms at the time of his car collision, so he knew how to handle the situation after a van swerved into his lane and hit his driver’s-side door.
The first thing he did was call base security, where there was a liaison who could communicate with the Japanese police.
Though Behymer didn’t think he was hurt, he said, he knew going to the emergency room was the right move.
"I didn’t want to not go and then try to say that something happened to me a week later, and they could say, ‘Well, you didn’t go ahead and go to the hospital,’ " Behymer said. "Actually, it turned out that I had some kind of a neck injury, and I had to go for about four months to physical therapy."
Behymer’s story illustrates why it’s important to follow up on any injury after a car accident in Japan. NAF Atsugi Staff Judge Advocate Lt. Erica Jacobik said status of forces agreement personnel need to give their full attention to dealing with accident-related injuries.
One important reason is that Japan considers licensed drivers — including those with SOFA status — to be "professionals" and holds them to the same high standards of responsibility as, for example, a doctor or lawyer. Drivers who negligently cause a death or injury face imprisonment of up to seven years or a maximum fine of 1,000,000 yen (about $10,000).
"It’s a concept largely unfamiliar to Americans and the area where they "have the most cause to be in the criminal system," Jacobik said.
According to Jacobik, Japanese citizens are likely to submit an injury certificate after an accident. Regardless of the accident details, if only one party files an injury certificate, police will investigate the crime as if that person is the victim and the other party is the suspect.
Every American needs to file an injury certificate no matter how minor the injury, Jacobik said.
"Americans, as I have noticed in my year here, have to have a limb ripped off if they are going to claim an injury," she said. "It’s part of our culture not to claim injuries."
She added that a common misperception among Americans is that they frequently get "the short end of the stick" because they’re often suspects in traffic accidents.
"It’s really not the Japanese’s fault. It’s the Americans’ fault for not understanding that we’re in their system," Jacobik said. "If the American didn’t file a certificate, the investigation really can’t be equal."
Another important step is to offer condolences to the injured party, which the staff judge advocate’s office can assist with, Jacobik said. The gesture can have a large impact on the victim’s view on prosecuting the suspect. Jacobik said the prosecutor takes the victim’s input on prosecuting very seriously.
Petty Officer 2nd Class Chris Henry of NAF Atsugi said he and his wife, Eri, learned the importance of expressing "gomen nasai" after Eri got into a car accident two months ago with a Japanese man who suffered minor injuries to his arm.
"We sent our gomen nasai gift, we followed up with cards periodically, and we continued to call him every week or so to say, ‘Are you OK? We’re thinking about you,’ " Henry said.
"I think the individual that was involved in the incident with us was very appreciative. It helped him for us to express regret about what happened, and that helped us in the prosecution part as well."
The Henrys incurred no fine, and the charges against them were dropped by the prosecution.
Jacobik stressed active participation as the key to successfully dealing with traffic accidents in Japan.
"You’ve already gotten into an accident; you can’t change the past," she said. "Now you have to work towards being proactive and engaged in your case and things will come out positively for you."
What to do after an accidentOn the scene
Call base police (even if you are far away) to send a patrol officer and a Japanese speaker to document the situation.Do not drive away. Even if it’s to seek help, it may be viewed as a "hit and run" and can carry heavy penalties.Make sure all documents are in order. Japanese police are meticulous with paperwork.If you are injured
Go to a hospital (Japanese or American) and get a medical certificate.At Atsugi, security has blank medical certificates for U.S. doctors.Medical certificates are important for bruises, scratches and "stiffness," not just broken bones.Bring the certificate to the legal office to forward to Japanese police.When you get home
Contact your insurance company the same day if possible.File an insurance report within a few days.Notify the base legal office of the accident.If the accident becomes a criminal investigation, the legal office will help with understanding your SOFA rights; offering condolences to the victim; being interviewed by the police and the prosecutor.Keep the legal office in the loop.Courtesy of NAF Atsugi Staff Judge Advocate Office