Jiangxi one man bump person hind suffer to hang a bed claim for compensation, show sickroom photograph the other side silly eye: you are a malicious person

2022-06-12 0 By

Bed hanging hospitalization claim, is a common claim in the dispute of personal injury compensation, that is, the injured party refused to be discharged after recovery, take the way of bed hanging hospitalization, no injection, no medicine, the purpose is to ask for more compensation to the harm party.Recently, the jiangxi wuyuan is such a thing happened, two men after a motorbike collided, knocked the injured party will take the way of hanging bed in the hospital to claim for compensation, thought that the perpetrators were was also a malicious person, during the period of the injured party in the hospital, ran to the hospital every day photos, finally to talk with the evidence, refute each other, safeguard the legitimate rights and interests of his own.Jia Dajun, who lives in Wuyuan, Jiangxi Province, is an honest and honest man. He spends most of his days commuting between construction sites in the county seat and doing part-time jobs. Like many locals, he uses a motorcycle as his main means of transportation.But the car this thing, no matter how many years of driving is to be careful, otherwise there will be an accident.I’m Kyok-mitsu, spreading legal knowledge by case, welcome to read.Morning Gu Dajun drove motorcycles on the roads as usual, fog or heavy that day, all of a sudden, Gu Dajun arrived found a shadowy figure, wait to give way, apparently too late, only listened to with a bang, Gu Dajun feel the powerful force that struck the bus, accompanied by a scream.Such a situation let Jia Dajun heart a deng, it is obvious that his motorcycle knocked down people, and so he looked carefully found that was hit by a motorcycle, and the driver has fallen on the ground, hum unceasingly, the situation looks quite serious.There was a traffic accident, naturally someone called the police and called 120 to the scene, zhou Qiang was knocked down and sent to the hospital for treatment.After traffic police scene investigation, the accident caused one injured, two damaged car consequences, Jia Dajun should bear the main responsibility, Zhou Qiang bear secondary responsibility.Jia later rushed to the hospital and paid 7,500 yuan in advance for Zhou’s hospitalization, and has not paid any fees since.After 77, 49 days in the hospital, Zhou Qiang left the hospital and filed a claim against Jia Dajun.But in the face of zhou Qiang put forward the amount, Jia Dajun just sneer unceasingly, not clear position, also do not take the initiative to pay.After zhou Qiang asked for several times, Jia Dajun sued the court, the request for a legal decree to bear responsibility.In the trial, Jia Dajun admitted to zhou Qiang’s personal damage, he should also be responsible for, but the number of days of hospitalization and compensation for Zhou Qiang raised objections, and pointed out that Zhou Qiang has a suspected bed hospitalization, is a kind of fraud, not only should not compensate, but also should investigate Zhou Qiang’s illegal responsibility.Jia Dajun not only vigorously defense, but also took out a large stack of photos for proof.Jia Dajun claimed that Zhou Qiang had been in the hospital for 19 days and had already reached the discharge standard. However, Zhou Qiang did not go through the discharge formalities, but hung up his bed empty and actually left the hospital to recuperate at home. This was an obvious act of cheating, so he refused to pay compensation.After checking the evidence, photos provided by Jia Dajun showed that Zhou Qiang’s hospital bed was indeed neat and tidy for the next 30 days, without any sign of accommodation.In addition, relevant evidence shows that During Zhou Qiang’s hospitalization, Jia Dajun went to the hospital every morning and evening, entered the ward to take photos and leave the evidence.In the face of evidence, Zhou Qiang is also completely blindsided, in his mind, after the general occurrence of traffic accidents, hanging bed hospitalization is more than a normal thing, but did not expect to encounter jia Dajun such a malicious person, to the hospital every day to take photos to put evidence, then only admit that he really only lived 19 days hospital.Zhou Qiang’s behavior is typical “bed hanging hospitalization” claim behavior, generally speaking, the patient is not hospitalized in the hospital or hospitalized for more than three days without diagnosis and treatment behavior can be called “bed hanging hospitalization”.This kind of situation mainly happens in the dispute of defrauding medical insurance and part of personal injury.In the medical insurance field, if there is a hanging bed hospitalization behavior, which reaches a certain amount, it will be regarded as a criminal behavior, will be identified as the crime of fraud.However, in personal injury disputes, the main reason for the adoption of bed hanging treatment is that some victims and infringer have not reached a compensation agreement, and these cases should be treated differently.From the perspective of behavioral consequences, the victim’s purpose is to put pressure on the infringer by means of hanging the bed to claim additional compensation for loss of work, nursing fees, nutrition fees, hospital food subsidies, etc. Generally speaking, it is still within the tort liability, so most of the time, it will be judged as a civil dispute.Meet this kind of thing, infringer also can refuse to pay, but must undertake to produce proof, prove the other side tie the bed to be in hospital, as long as once proved, the court won’t support the claim that hang the bed to be in hospital part.However, the victim’s behavior of bed hanging in hospital does cause a waste of originally limited medical resources, and also increases the burden of the infringer and the insurance company. Essentially, it is a violation of public order and good customs, which will definitely not be supported and advocated by the law.In this case, Jia Dajun driving a motorcycle and Zhou Qiang collision, after the division of responsibility of both sides, the loss compensation should be divided according to the primary and secondary responsibility, Jia Dajun should bear the losses caused by Zhou Qiang.However, in order to obtain more compensation, Zhou Qiang took the way of claiming the hospital bed empty for 30 days, which is not protected by law.After the final re-accounting, Jia Dajun should pay a total of 30500 yuan in compensation, excluding 7,500 yuan already paid, 23,000 yuan should be paid. After mediation, Zhou Qiang no longer has any objection to the amount of compensation, Jia Dajun performed the compensation on the spot, Zhou Qiang also withdrew the lawsuit on his own initiative.In fact, “bed hanging hospitalization” is not uncommon, especially in traffic accident liability disputes victims “bed hanging hospitalization” phenomenon is very prominent.After this situation, it is easy to cause the antagonism between the parties, but also buried a lot of hidden dangers.But because eventually involved in civil disputes, and the law also has the right to put forward objection refused to pay the infringer, so after in such cases, the infringer to win, evidence is often the most critical factor, in this case Gu Dajun is effectively grasp the hang zhou qiang evidence of bed in the hospital, to occupy the advantageous position, also let the dispute resolving get twice the result with half the effort.The law only protects the legitimate, reasonable and lawful rights and interests of citizens, and the people’s court will not support the additional losses caused by the parties themselves.Therefore, people still need to be honest, especially in tort liability disputes, whether they are victims or tortfeasors, should seek truth from facts.When determining compensation, the court will not blindly listen to the claims of the victim. If the infringer makes a contrary claim, the court will support it in accordance with the law as long as there is evidence to prove its correctness.This kind of behavior is morally repugnant, but also violates the public order and good customs of behavior, and hovering on the edge of illegal crime.Although there is no clear bed in hospital behavior in tort liability disputes of the legal consequences, but does not mean that laws are to this kind of behavior, if the huge sums, and greatly influenced and disrupt the judicial justice, it is very likely suspected crime, so even if want to much to compensate in this way, also is a big, do not touch the legal bottom line.(The main purpose of this article is to popularize legal knowledge, the characters are pseudonyms, please do not enter the seat.)