I love the car accident and hospitalization, which is not a glorious thing; the main reason for recording this is to prevent myself from forgetting this matter or lessons over time. Overall, the result of this matter is still acceptable, but it was not handled well.
The things that were not handled well include: 1. Because of the Chinese New Year, we couldn't bear it; coupled with the "nurse incident," we left the orthopedic ward and stayed in the emergency department. For details about this, you can refer to the previous article. 2. When dealing with accident liability and compensation matters, we paid a lawyer to handle it, but the lawyer did not put in enough effort, and may even have been bribed by the other party (the perpetrator, insurance company). 3. My mother-in-law was injured, but because there was no one to take care of the children at home, she went back with the medicine first; but when it came to compensation, only medical expenses were paid.
The key issue in a traffic accident is the determination of liability and compensation. First of all, the determination of liability did not go smoothly. On the second day of the accident, I went to the city where my loved one was, but I didn't see the perpetrator. According to my loved one, the perpetrator's spouse paid the medical expenses and then fled. Later, when the time for liability determination notified by the traffic police arrived, the perpetrator did not appear. We waited outside the police officer's office at the traffic police station for almost a whole morning, but the other party did not show up. When we asked the traffic police, they said that he didn't have a car, so he wouldn't come, and he would come the next day. So, the next day, we arrived early at the traffic police station again. At the beginning, when the traffic police officer came to work, I saw him. But when I contacted him, he said he had already gone out on duty. So it took a long time, about three hours later, we saw the perpetrator at the print shop outside the traffic police station. At this time, the traffic police officer made a phone call and asked me to wait in his office to handle the case. Around 12:30 noon, the traffic police officer spent less than 5 minutes hastily handling the matter. He asked both parties to write a statement of liability, sign and fingerprint it, and told the perpetrator, "You have to pay the money," and told us to negotiate. Later, I told the traffic police officer that the handling traffic police officer had a responsibility to be responsible for the negotiation between the parties involved in the accident. The traffic police officer said that the other party said they had no money, and there was nothing he could do. We didn't see any communication between him and the perpetrator, and there was no communication of the above content in front of us. Moreover, when the perpetrator wrote the statement of liability in the traffic accident determination, it was obvious that he was being directed and tried to lighten the responsibility: for example, when driving, because the road was slippery, the car slid and hit the other party. In fact, based on my practice and estimation, the driver's speed that day should have been around 60 km/h, far exceeding the maximum speed of 30 km/h for vehicles driving in rainy and snowy weather according to traffic regulations. Because during my loved one's hospitalization, there was a heavy snowfall, and there was about 20 cm of snow accumulation, and some parts of the road surface in the shade had already frozen. I had to go to the hospital, and it was the end of the year, but luckily, a passing driver who used Gaode Taxi service picked up my order. On the way, we were very nervous, but we finally arrived safely. On the way, I specifically looked at the speedometer, which showed 35 km/h or 40 km/h. When I asked the traffic police, he said that the perpetrator was fully responsible, and everything else was not important. If you insist on changing it, you have to rewrite it and re-fingerprint it. According to a friend's inquiry, this statement is not important to us, and what is important is the determination of full responsibility by the other party. Because the traffic police officer pretended to be busy, and the statement was not very important, so I did not ask the traffic police officer to rewrite the responsibility determination statement for us. When we received the statement of liability, the perpetrator hardly said a word. According to what my loved one said before, he stated at the time of the incident that because he lost money and was in a bad mood, the accident happened. Now he is in financial difficulty and has handed over everything to the insurance company. He hardly said anything else. After I saw him, I calmly said to him with the attitude of dealing with things: "Brother, although we don't want to see this kind of thing happen, since it has happened, you have to find a way to solve it. If the delay delays the surgical treatment, the later expenses may be higher. If you cooperate, we won't make things difficult for you; but if you don't cooperate, find someone or use connections, then we may meet in court." The other party made a verbal promise to go back and think of a solution and help with the payment, and then left.
Secondly, the issue of compensation was also not ideal. Although the perpetrator was fully responsible, because the perpetrator had purchased car insurance, the car insurance company would be responsible for all compensation. Of course, the amount of compensation is based on the degree of disability and has certain standards and limits. However, despite our contact with the perpetrator, urging them to settle the payment issue as soon as possible to facilitate surgery, the insurance company did not come forward to resolve the issue until the beginning of the year. They preliminarily determined my loved one's leg injury as a 10th-degree disability. Later, the car insurance company came again with another person, who reviewed the results of the MRI and stated the amount of compensation (in fact, later I learned that what these two people said was far below the legal standards) (at the same time, after they came, I found out that the payment receipts I had paid in advance were missing some, which I learned later).
Because I had something to do and had to leave the city where my loved one's hometown was, I hired a lawyer considering that my father-in-law and others were not familiar with the matter. Originally, I wanted to hire a well-known lawyer in the city, which would cost about 6,000 yuan. After my wife's uncle learned about it, he said he knew a lawyer who only charged 3,000 yuan. Considering that my wife's uncle is reliable, I believed him and chose the lawyer he was familiar with. But later it turned out that this lawyer took our money and did not provide us with favorable evidence. There were two reasons for this: according to the analysis of my lawyer classmates, the lawyer we hired also went to the appraisal, but as a professional lawyer, he should have reminded the injured party to do two appraisals, including disability appraisal, even if no surgery was performed. Because after the disability appraisal is confirmed, even if it is the lowest level of 10, the car insurance company should compensate my loved one with at least 110,000 yuan, plus medical expenses, etc. Secondly, during the entire agency process, except for the appraisal, the lawyer did not meet with my loved one, father-in-law, and mother-in-law, and did not actively communicate. At the same time, he actively encouraged my loved one to settle and reach a one-time settlement without any plan for the car insurance company to compensate if problems arise later. In the end, my loved one, who was timid and afraid of trouble, and I was not there, and my mother-in-law was also injured, agreed to settle. In the end, my loved one was compensated for medical expenses and six months of lost wages, totaling more than 50,000 yuan, and my mother-in-law was compensated for medical expenses of about 6,000 yuan. At the same time, as one of the conditions for settlement, the 8,000 yuan given by the perpetrator at that time was deducted from the amount to be compensated by the car insurance company. Later, my lawyer classmate mentioned that if the lawyer was responsible, we should have done two appraisals at that time, including disability appraisal, even if no surgery was performed. After the disability appraisal is confirmed, even if it is the lowest level of 10, the car insurance company should compensate my loved one with at least 110,000 yuan, up to 180,000 yuan. After this lesson, in the future, when hiring a lawyer, you must hire someone you are familiar with or a well-known local law firm, and communicate with the law firm in a timely manner. During this process, my father-in-law did not communicate with the lawyer in a timely manner, and I did not know the progress of the communication between the lawyer and my father-in-law, so I did not inquire much about it. If he could be more proactive and communicate more with the lawyer, the subsequent compensation would not have been so hasty and careless.
The handling of my mother-in-law's injury was also not well done. At that time, her injury was also severe. If it had been handled properly at that time, my mother-in-law would have stayed in the hospital and received more anti-inflammatory and pain-relieving medication, which is the most basic treatment. But perhaps considering that we still had two children at home, although they were temporarily taken care of by someone else, we were still worried. So she simply took some medicine and went back. Later, although the money for my mother-in-law's medicine was included in the medical expenses, it was only a few thousand yuan, and the insurance company hardly considered the possible conditions caused by the accident for my loved one and my mother-in-law. It can only be said that the insurance company did not want to pay more, and the lawyer did almost nothing but took our 3,000 yuan lawyer's fee. Perhaps the insurance company also gave him some money.
Fortunately, shortly after I returned to my own city, my loved one handled the matters of communicating with the car insurance company and the lawyer over the phone and chose conservative treatment, that is, not to have surgery, and then was discharged from the hospital. At home, she gradually became able to walk with crutches. Before that, her leg was so painful that she could only lie in bed, and she had to eat, drink, and go to the bathroom in bed. I took care of her, including helping her with eating, washing her face, brushing her teeth, etc., and using a medical toilet to facilitate her basic physiological needs. Later, when she returned home, she slowly began to take care of her basic life. Not long after, considering the issue of her work at her unit, she quickly returned. She is a teacher at a school, and maybe because we don't have connections, she was assigned to the worst class in terms of age, and she is the class teacher with a vice class teacher who hardly helps and often asks my loved one to do things for her, such as taking care of her child in the office, etc. Due to the injury, her class teacher work was taken over by another teacher and the vice class teacher. During the time my loved one was away, there were hardly any teachers who could manage the class well, and hygiene and grades became the worst. Moreover, one or two accidents also occurred: one of them was that several students in the class were playing hand in hand on the playground, and because everyone started running while spinning, the speed was too fast. One of the students lost three front teeth, went to the best dental hospital in the area, but could not be saved and needed to wait until after turning 18 to have new teeth implanted. The injured child was taken care of by the grandmother, the father worked on an international ocean-going ship, and the mother had already divorced and went to another city. Later, the school may have provided a certain amount of compensation, and the parents of several children also agreed to pay part of the expenses to settle the matter. There were also other minor accidents. During my loved one's time at school, her academic performance was excellent, with almost all of the top 20 high scores in her grade in her class, and her average score was also relatively high. Later, with my loved one's consent, the principal asked her to go to another school. However, there were too many miscellaneous tasks for the teachers at the school, and after she went there, although her leg was inconvenient, she gradually took on many tasks. I advised her several times not to go temporarily and to ask for leave from the principal. She said she could be flexible with her working hours and could come back after finishing her classes. However, she almost took on all the work of a regular teacher, except for some tasks that were handled by the vice class teacher.
I have always felt somewhat guilty about whether my loved one should have had surgery and worried that my cautious consideration of doing surgery instead of immediate surgery was wrong. Later, after a consultation at a tertiary hospital's orthopedics department, I felt somewhat relieved. The doctor said that based on the current situation, surgery was not necessary at that time, and now it is necessary to actively do rehabilitation exercises to restore the leg as much as possible. After my loved one returned, I massaged her injured leg for a certain amount of time every night before going to bed, until she felt that she didn't need me to massage it anymore. Currently, she has recovered relatively well. I hope she can recover completely as soon as possible.
During this period, several of my friends of more than 20 years provided a lot of help, including several lawyer friends who provided a lot of assistance. My undergraduate teacher sent a 1,000 yuan red envelope, although I didn't accept it, but the teacher's intention is unforgettable. Here, I would like to thank those friends, relatives, and teachers who have provided help. Thank you.
Postscript: There are two story scenes that I think are necessary to record:
When my loved one was hospitalized in the emergency department, the 50-year-old man in the bed next to us left a deep impression on us. He may have been chronically ill; because he ate something before the Chinese New Year, his urethra was blocked and he needed to have urine output externally. However, the doctor did not come for a long time. As a result, the man's daughter came and performed a simple operation and external urine output for him. He was screaming in pain at first, but finally quieted down after the treatment. After that, his wife seemed to be used to it and took care of her husband. After taking care of him, she started playing with her phone. One time, the man called his wife several times, but she didn't hear him. It wasn't until the man shouted loudly that his wife came over to help him. Later, I learned that his daughter was a nurse in the hospital; she had been treated in the hospital before, and later had a urinary tract infection, but because the daughter participated in the surgery, they couldn't claim compensation from the hospital. Later, before I came back, he also left me several taxi driver's phone numbers so that I could make an appointment for a car and catch the train as soon as possible.
Another scene is about a woman in her 50s who runs a shop. On her way back from purchasing goods, she was hit and thrown by an angry driver from another place who was trying to collect a debt locally. It is said that the driver did not call an ambulance in time, but quickly helped the woman up and wanted her to quickly ride her tricycle for goods and leave. It seemed that they were prepared to abandon the car and run away. The woman contacted her family, used connections, retrieved surveillance videos, and finally stayed in the hospital for a few days. Around the first day of the lunar new year, the driver entrusted someone familiar to the woman's family to compensate for medical expenses, and then left. The woman should be the pillar of her family and shop. During her hospitalization, her two sons and husband often said that they hadn't eaten (they are all Hui people, perhaps because it was too late and there were no suitable restaurants outside, or even no open restaurants), and they also said that the woman was not managing the shop, and they were losing a lot of money every day. To some extent, although the woman was hit and had a fractured bone, the doctor said that she could go back and recuperate without any major problems. During her hospitalization, she seemed to be able to temporarily get some rest, and it seemed like she had some blessings from the misfortune.
Original article synchronized from: Gengdu Blog.