There are two main ways for "judicial scalpers" to obtain benefits: First, they divide the disability compensation equally with the injured, and they will collude with appraisal institutions, hospitals, etc., to illegally increase the disability assessment level through forged evidence, and share with the injured after obtaining high compensation. The second is to buy out the injured person's right to claim compensation at a low price, and after the buyout, the injured person does not need to deal with the rights protection matters by himself, as long as he cooperates with the "judicial scalper" to conduct disability appraisal and litigation.
After the traffic accident, the injured person is still in the hospital for treatment, and there is a "judicial scalper" who comes to the door and takes the initiative to "collect" the compensation matter - behind this seemingly "intimate" service, there is an improper chain of interests hidden. They roam all aspects of traffic accident handling, medical treatment, disability level appraisal, insurance claims, judicial litigation and other links, which not only damages the legitimate interests of the parties and insurance companies, but also affects the credibility of the judiciary.
The Shanghai Securities News reporter recently learned that the relevant departments have drafted the "Notice on Regulating the Judicial Appraisal Work Involving Insurance Claims" (hereinafter referred to as the "Notice"), which aims to resolutely put an end to the black-box operation of "judicial scalpers" in the judicial appraisal of insurance, resolutely crack down on all kinds of violations of laws and regulations, continuously improve the quality and credibility of judicial appraisal, improve the service capacity and service level of the insurance industry, and protect the legitimate rights and interests of insurance consumers.
How "judicial scalpers" disrupt insurance claims
"Judicial scalper" is a term used in the industry to obtain illegal interests in road traffic accidents by providing a series of illegal services to parties on claims, appraisals and litigation.
In recent years, some individuals or consulting companies in society, under the banner of "legal consultation" and "agency appraisal", have taken advantage of the parties' unfamiliarity with the traffic accident compensation process and standards, and have relied on information asymmetry to obtain improper benefits by buying out and representing the injured person in claims.
Most of the "judicial scalpers" "squatted" near the traffic accident acceptance point or near the hospital, and in order to deceive the trust of the parties, they often paid medical expenses in advance and even provided shuttle services. They generally boast that "to fight a lawsuit is to fight a relationship", and sign an agreement with the injured person before the injured person sues the court and the case is formally filed, so as to achieve the purpose of accepting the case. After taking over the case, some lawyers or legal workers with less business volume are hired at a low price to appear in court to circumvent the court's restrictions on citizen representation.
During the investigation, the reporter learned that there are two main ways for the "judicial scalper" to obtain benefits: First, they divide the disability compensation equally with the injured, and they will collude with appraisal institutions, hospitals, etc., illegally increase the disability assessment level by forging evidence, and share with the injured after obtaining high compensation. The second is to buy out the injured person's right to claim compensation at a low price, and after the buyout, the injured person does not need to deal with the rights protection matters by himself, as long as he cooperates with the "judicial scalper" to conduct disability appraisal and litigation.
It is understood that these "judicial scalpers" are often not "miscellaneous soldiers", but lawyers with professional backgrounds, familiar with traffic accident laws and regulations and the compensation policies of various insurance companies, and well versed in the litigation process.
Work together to build a long-term collaboration mechanism
Industry insiders frankly said that the "judicial scalper" has been rampant for many years, largely because of the mutual cooperation of various stakeholders in the industrial chain, interlocking, and it is far from enough to just pinch one.
It is understood that the "Circular", which is currently soliciting opinions, has taken into account the current situation. For example, it is required that forensic appraisal institutions and judicial evaluators shall adhere to the principles of science, objectivity, independence, and impartiality in carrying out judicial appraisals involving guarantees, and shall not be subject to illegal interference by any unit or individual, and must not accept other people's property or property, accept invitations to eat, issue false appraisal opinions, or obtain improper benefits.
Insurance institutions and parties shall abide by laws and regulations and the rules of judicial appraisal procedures, must not interfere with the independent and impartial practice of forensic appraisal institutions, and must not collude with forensic appraisal practitioners, relevant organizations or individuals to manipulate judicial appraisals involving insurance for profit. Employees of insurance institutions must not concurrently serve as judicial evaluators in violation of regulations.
To this end, the Notice requires that insurance institutions and parties should jointly entrust appraisals. Insurance institutions shall take the initiative to communicate with the parties, inform them of the significance, procedures, legal consequences, etc. of jointly entrusted appraisals, and select a forensic appraisal institution through consultation; if consensus cannot be reached, the two parties may randomly select them in the roster of forensic experts and forensic appraisal institutions announced by the judicial administrative organs. In order to prevent the "judicial scalper" from interfering with the identification process, the insurance institution should send personnel to witness the situation when conditions permit.
In recent years, the insurance industry has been sparing no effort to crack down on "judicial scalpers". A number of large property insurance companies have also set up joint mediation centers for personal injury compensation in some branches, and by inviting the staff of the judicial bureau and the court to the insurance company for direct mediation and trial, the illegal space of the "judicial scalper" has been greatly compressed.
Industry insiders believe that the cooperation between judicial administrative agencies and banking and insurance regulatory departments to build information sharing mechanisms, notification and consultation mechanisms, dispute resolution mechanisms, and joint law enforcement mechanisms can effectively crack down on "judicial scalpers".
Going through the formal claims process is the right way
In order to prevent "judicial scalpers" from the source, it is still necessary to further deepen the public's understanding of the handling of personal injury disputes in road traffic accidents.
Insurance industry insiders remind that the "judicial scalper" is by no means a savior, and the formal claim procedure is the right way. The operation process of the "judicial scalper" seems to be interlocked, but in fact it is full of loopholes. First of all, the agreement between the "judicial scalper" and the injured person does not have legal effect, and once the "judicial scalper" repents, the compensation will be "chicken and egg". Secondly, once the scam is discovered, the "judicial scalper" may "evaporate in the world", and the next thing to clean up the mess is the injured person himself, and may even bear the corresponding legal responsibility.
Source: Shanghai Securities News
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