A traffic accident caused Liu to be paralyzed, severely craniocerebral injury, and multiple transverse process fractures of the lumbar vertebrae, reaching Grade 10 disability, and was stranded in the hospital for 479 days because he had no family to take care of him. Recently, Zhu Jianna, vice president of the Case Filing Division (Litigation Service Center) of the Shunyi District People's Court of Beijing, solved the problem of patient care in one stop and successfully helped Liu embark on the way home.
Unexpected car accidents caused difficulties and long-term detention with nowhere to go
On January 13, 2022, Liu drove a motorcycle from west to east on Changjin Road, Shunyi District, Beijing, when Yang was driving a truck from west to east, and the two collided, causing Liu to be injured and two vehicles damaged. According to the transportation department, Yang was primarily responsible for the accident and Liu was secondarily responsible for the accident.
After the incident, Liu was sent to the hospital for treatment, and was diagnosed with traumatic hemorrhagic shock, acute severe head injury, fractures and other injuries. After investigation, Wang was the actual owner of the truck, Yang was the driver hired by him, and Yang was engaged in employment activities at the time of the accident. The trucks involved in the case were insured by property insurance company A with compulsory traffic insurance, and by property insurance company B with commercial third-party insurance.
On December 28, 2022, Liu's treatment ended, and he was stranded in the hospital because he had no relatives to pick him up, and was taken care of by the hospital. After accounting, as of December 17, 2023, a total of 240,000 yuan of medical expenses were incurred, including 42,000 yuan paid by Liu, 18,000 yuan advanced by A property insurance company, 84,000 yuan advanced by Beijing Road Traffic Accident Social Assistance Fund (hereinafter referred to as "Road Traffic Relief Fund"), and 97,000 yuan advanced by hospitals. In addition, the hospital also paid a total of 82,000 yuan for Liu's nursing expenses and catering expenses.
The judge investigates the root cause and prescribes a "good prescription" for resolving the problem
In March 2023, the Road Traffic Relief Fund sued Liu to the Shunyi Court, demanding the reimbursement of 84,000 yuan in medical expenses advanced. After accepting the case, the presiding judge Zhu Jianna was never able to contact Liu, and after multiple investigations, it was found that Liu was still stranded in the hospital. At this time, it had been more than a year since the traffic accident occurred, could it be that Liu was too ill to be discharged from the hospital? With doubts, Zhu Jianna hurried to the hospital to understand the situation. At this time, Liu was paralyzed in bed and was relatively conscious. Liu said that he had been lying here for more than a year and wanted to be discharged from the hospital and go home. The hospital staff said that Liu's family is in Heilongjiang Province, and in 2022, Liu's brothers and sisters jointly pooled more than 40,000 yuan to operate on Liu, and during the follow-up treatment, Liu's younger brother occasionally came to Beijing to visit Liu.
After getting Liu's younger brother's contact information, Zhu Jianna immediately dialed the phone. Liu's younger brother said that the economic conditions of the brothers and sisters were not good, they had no money to settle the expenses for their brother, and no one could take care of their brother after being discharged from the hospital. Through further communication and negotiation, the younger brother said that if he received the compensation from the insurance company, he would come to Beijing to pick up his brother immediately.
After full research and judgment, Zhu Jianna believes that the root cause of the case of Road Traffic Relief Fund v. Liu and Liu's detention in the hospital lies in the motor vehicle traffic accident liability dispute between Liu, Wang and the insurance company. In order to substantively resolve the dispute and solve the problem of Liu's stay in the hospital, Zhu Jianna contacted Liu's younger brother and Liu's agent ad litem to file a lawsuit for liability for motor vehicle traffic accident damages, and listed the road traffic relief fund and the hospital as the third party.
Build a "bridge of communication" and solve multiple disputes in one case
In May 2023, the case of Liu v. the defendant Wang, Property Insurance Company A, Property Insurance Company B, the Third Party Traffic Relief Fund, and the hospital motor vehicle traffic accident liability dispute was officially opened.
In court, the defendant Wang, property insurance company A, and property insurance company B all had no objection to the facts of the accident and the determination of responsibility, Wang believed that the plaintiff's losses should be compensated by the insurance company, and property insurance company A argued that it had advanced 18,000 yuan within the compensation limit for medical expenses of the compulsory traffic insurance, and the defendant B property insurance company agreed to compensate the plaintiff for reasonable losses within the scope of insurance. The Third Party Humanitarian Relief Fund and the hospital requested that their advance expenses be dealt with together in this case.
The disability appraisal is the basis for determining the amount of compensation in this case. Because Liu was paralyzed in bed, the relevant personnel of the forensic appraisal agency needed to go out to carry out appraisal-related inspections, and the case incurred an appraisal fee of 9,850 yuan. Under normal circumstances, the appraisal fee should be paid in advance by the party applying for judicial appraisal, i.e., Liu. However, Liu's younger brother said that he could not come up with the money and was willing to deduct it from the compensation. In order to promote the progress of the case, Zhu Jianna communicated with the defendant and the third party several times and coordinated repeatedly, and finally the hospital agreed to pay the appraisal fee in advance, and the disability appraisal was finally carried out smoothly.
In December 2023, the appraisal results showed that Liu's triplegia (muscle strength below grade 4) was a grade 6 disability with mild mental retardation, and the slight limitation of activities related to daily living was a grade 10 disability, and five transverse process fractures of the lumbar spine and limited movement of the lumbar region were grade 10 disabilities.
In December 2023, the Shunyi Court made a first-instance judgment in the case. As for the reasonable losses caused by Liu's accident, the court confirmed that as of December 17, 2023, the plaintiff's reasonable losses such as medical expenses, hospital meal subsidies, nutrition expenses, transportation expenses, nursing expenses, mental injury solace, and disability compensation caused by the accident totaled 1.619 million yuan (including the expenses paid in advance by Liu, property insurance company A, road traffic relief fund, and hospital advance).
In the end, the Shunyi court ordered the defendant A property insurance company to compensate the plaintiff Liu 180,000 yuan, and the defendant B property insurance company to compensate the third-party hospital 180,000 yuan, the third-party humanitarian relief fund 84,000 yuan, and the plaintiff Liu 724,000 yuan. After the judgment was rendered, the defendant appealed, and the final judgment of the second instance was rendered on April 8, 2024, upholding the original judgment.
Use the light of the rule of law to warm the way home
For the presiding judge, the entry into force of the second-instance judgment represents the temporary end of the case. However, with the goal of substantively resolving conflicts and resolving disputes at one time, Zhu Jianna still pays attention to the follow-up performance of the case and whether Liu can be successfully discharged from the hospital and return to the family.
In order to ensure that Liu can go home safely, Zhu Jianna actively contacted Liu's younger brother. Hearing that Liu's younger brother planned to drive from his hometown of Mishan City, Heilongjiang Province to Beijing, and placed a futon in the back of the vehicle for his brother to lie down, Zhu Jianna checked with the hospital again to ensure that Liu's current physical conditions could withstand this way of returning home, Zhu Jianna finally breathed a sigh of relief.
On April 20, 2024, Zhu Jianna and assistant Dong Tiancheng came to the hospital early in the morning, and Liu's younger brother and sister-in-law, Liu's attending doctor, and the heads of the nursing company and catering company were all present. After confirming Liu's physical condition and the identity information of Liu's younger brother, Zhu Jianna once again informed Liu of the verdict of the case, explained to him in detail the receipt of the case money, and ensured that Liu himself knew his rights.
"Liu, you have to be clear that this money is the guarantee of your subsequent life, and you must keep it. "Brother Liu, when you return to your hometown, you must make sure that you spend the money on your brother. Zhu Jianna repeatedly instructed Liu and his family to earmark the funds. Subsequently, Zhu Jianna coordinated with Liu's family to settle the fees owed to the hospital and other parties, reminded him to keep all receipts, and informed Liu and his family of the relief channels for follow-up long-term care expenses and other reasonable expenses.
"Are you happy that you can finally go home with your brother smoothly?" Zhu Jianna leaned over and asked Liu. "I've been lying for more than two years, and I'm happy. Liu raised his hand vigorously and shook hands with Zhu Jianna solemnly to express his gratitude.
Subsequently, Zhu Jianna followed Liu's younger brother to the hospital parking lot to check the situation of the vehicle that Liu took back home. "Judge Zhu, we are really grateful to you, thank you for doing so much for my brother. Liu's younger brother and his wife expressed their gratitude to Zhu Jianna. So far, this patient care problem has been substantially resolved, and Liu's long journey home has also come to a successful end with Zhu Jianna's unremitting efforts.
Contributed by: Shunyi Court
Photo: Song Yu
Editor: Song Yu Guo Jin
Review: Wang Fang