What If a Foreigner Is Injured in a Car Accident in Korea?

Being injured in a car accident in South Korea can be stressful, especially if you are unfamiliar with the Korean language or insurance system. If you are a foreign resident, tourist, or international student, you may wonder whether you can receive compensation for your injuries and how to deal with the other driver's insurance company.

Here are some important points to know.

1. What Should You Do After a Car Accident?

Your health and safety should come first. If you are injured, seek medical attention as soon as possible. Call 119 for emergency assistance if necessary, and contact the police when appropriate.

If you can do so safely, collect evidence of the accident, including photographs, dashcam footage, the other driver's contact information, and insurance details. Keep copies of medical records, treatment receipts, and other documents related to your injuries.

Even if your injuries initially seem minor, consider getting a medical examination. Some symptoms may appear hours or days after an accident.

2. Can a Foreigner Claim Compensation in Korea?

Yes. Foreign nationals injured in traffic accidents in Korea may be entitled to compensation, depending on the circumstances of the accident and the applicable insurance coverage.

Depending on the case, compensation may include:

• Medical expenses related to the accident

• Lost income resulting from an inability to work

• Compensation for pain and suffering

• Damages for permanent impairment, where applicable

The amount of compensation depends on factors such as the severity of your injuries, medical findings, the degree of fault attributed to each party, and the financial losses you can establish.

Proof of income and employment status is particularly important when claiming lost income. Employment contracts, pay slips, tax records, bank statements, and other relevant documents may help establish your financial losses. If you have difficulty providing conventional income records, the available evidence and applicable legal standards should be reviewed to determine how your losses may be assessed.

The compensation process may also depend on the applicable automobile insurance coverage and the circumstances of the accident. The amount recoverable is not necessarily the same as the total amount of your medical expenses or the amount initially offered by an insurance company.

3. What If the Insurance Company Offers a Settlement?

After an accident, the other driver's insurance company may contact you to discuss compensation.

Before accepting a settlement, make sure you understand what the proposed payment covers and whether it includes all relevant claims. If you are still receiving treatment or your long-term medical condition is uncertain, accepting a final settlement too early may significantly limit your ability to claim additional compensation later.

A final settlement agreement generally prevents you from claiming further compensation for matters covered by the agreement. Exceptions may depend on the specific terms of the settlement and the circumstances of the case, so you should not assume that you can reopen your claim if unexpected complications arise.

Before signing, consider whether future medical expenses, possible long-term impairment, lost income, and other relevant losses have been adequately assessed.

If you disagree with the proposed settlement, you do not necessarily have to accept it immediately. Depending on the circumstances, you may be able to negotiate further or pursue a civil claim.

4. What If You Are Partly Responsible for the Accident?

Under Korean law, the degree of fault attributed to each party can affect the amount of compensation recoverable. This principle is commonly referred to as comparative negligence or contributory negligence.

For example, if you are found partly responsible for an accident, your compensation may be reduced according to the applicable legal rules and the circumstances of the case. The treatment expenses payable under automobile insurance may also be affected by the applicable insurance coverage, statutory rules, and the parties' respective degrees of fault.

Photographs, dashcam footage, witness statements, police records, and other evidence may be important when determining responsibility.

If the insurance company assigns you a percentage of fault that you believe is incorrect, you may need to review the evidence and challenge its assessment.

5. Can You Handle Your Claim After Leaving Korea?

Leaving Korea does not necessarily mean that you must abandon your compensation claim.

Depending on the circumstances, you may authorize a Korean lawyer through a power of attorney (POA) to communicate with the insurance company, negotiate compensation, and represent you in civil litigation before Korean courts.

The required authorization documents and any notarization or apostille requirements depend on the circumstances, the country where the documents are signed, and the relevant procedural requirements. These matters should be confirmed before you leave Korea whenever possible.

If you are planning to return to your home country, it is also important to keep copies of your medical records, accident reports, insurance correspondence, and evidence of your financial losses.

6. When Should You Consult a Lawyer?

Legal advice may be particularly helpful if you have suffered serious injuries, face a dispute over liability, disagree with the insurance company's settlement offer, or have difficulty communicating with the insurer in Korean.

A lawyer can review the available evidence, assess your potential damages, explain your legal options, and represent you in negotiations or civil litigation where appropriate.

If you are a foreign national injured in a traffic accident in Korea, obtaining legal advice before signing a final settlement or leaving the country may help you make a more informed decision about your claim.

Contact for a Consultation

If you need legal assistance with a car accident claim in Korea:

📞 Direct Line to Attorney: 010-2314-9122
💬 WhatsApp: +82-10-2314-9122
🟡 KakaoTalk Channel Chat: http://pf.kakao.com/_xjtixhX/chat

Consultation available in English.
Please briefly describe your situation when contacting.

Adel Law Office Website