Looking for help from family members who have been in a coma for many days in a car accident: who will pay for the treatment?
Recently, a man in Kunshan encountered an accident when he asked a driver to take him home through a driving platform. The accident caused serious injuries such as brain stem damage and traumatic subarachnoid hemorrhage. He has been in a coma.
The injured wife has paid tens of thousands of yuan in medical bills, and she is very anxious about the cost of follow-up treatment.
So, should the platform pay part of the treatment costs in advance after a "driver accident" occurs?
Who should pay for the losses caused by such accidents?
The reporter interviewed lawyers and insurance experts on these issues.
Ziniu News reporter Wan Chengyuan Su Yun
Intern Zhou Ling
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Driver's car accident
Car owner admitted to ICU with brain stem injury
At about 2:00 a.m. on February 12, Ms. Zhang, who lives in Kunshan, suddenly received a call from the traffic police and learned that her husband, Mr. Wang, had found a chauffeur to drive him home. A traffic accident occurred on the way, and her husband was injured. City First People's Hospital rescue.
Ms. Zhang rushed to the hospital and learned that her husband had been in a coma.
The hospital admission records showed that Mr. Wang was diagnosed with brain stem injury, traumatic subdural hemorrhage, traumatic subarachnoid hemorrhage, brain contusion, C7 spinous process fracture, aspiration pneumonia, lung contusion, respiratory failure, and soft tissue contusion.
Ms. Zhang told reporters that she learned from the traffic police department that the driver of the era was driving her husband's car at an intersection and had a serious collision with an oncoming car.
"It was a green light at the time, the driver turned left, and the car on the opposite side was going straight. The car was hit so badly that it was almost scrapped, and the engine fell off."
The reporter saw in a video shot by passers-by that the two cars at the scene of the accident were severely damaged, and debris of various sizes were scattered all over the place.
The photo taken by Ms. Zhang's brother at the parking place of the accident car shows that both airbags in the front of Mr. Wang's car have been opened, and a lot of blood can be seen on the clothes on the back seat and the back door. This is where Mr. Wang was at the time. sitting position.
"He was seriously injured, and passing citizens dialed 120 to take him to the hospital for emergency treatment," Ms. Zhang said.
After a few days of treatment in the ICU of Kunshan First People's Hospital, on February 15, Ms. Zhang and her younger brother transferred her husband to a hospital in Shanghai for treatment.
Driver claims to have asked for insurance policy
The company said it was a "trade secret" and refused to show it
So, how did the two cars collide?
What was the situation at the scene of the accident?
On the afternoon of February 15, Ziniu News reporter contacted the previous driver, Master Chen.
According to him, he started working as a part-time driver on the "e-driver" platform in February last year.
Master Chen told reporters about the incident that night: "I went online at 8:00, and I was going to go home and rest at around 11:50 in the evening. At this time, the platform just sent me this order. It was about to arrive at the destination. At the intersection of Qiandaohu Road, Taihu Road, we turned left from north to east, and the car on the opposite side was going straight from south to north, with green lights on both sides." After the incident, Master Chen filmed at the Third People's Hospital of Kunshan City and found that the sternum was injured. .
According to Master Chen, after the accident, although he was injured, he still reported to the company immediately and applied for insurance, but he encountered obstacles from the e-driver company.
Master Chen said: "As far as I know, the company has invested 3 million in insurance for the driver. Today I have been asking the company for an insurance policy, but the company refuses to give it to me, saying it is a 'trade secret'."
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Wounded wife's anxiety:
How to finance the next treatment expenses?
How can I finance my husband's next treatment expenses?
Ms Zhang is very anxious about this looming issue.
She told reporters that her husband had spent 50,000 to 60,000 yuan in the ICU of Kunshan First People's Hospital.
"The doctor in Shanghai said that now his treatment costs are at least several thousand yuan a day, and because of the brain injury, complications may occur at any time, so the follow-up treatment costs cannot be estimated at present."
Ms. Zhang's family's economic situation is average. She has two children to support and several thousand yuan in mortgage payments every month.
Of the 50,000 to 60,000 yuan of rescue expenses she spent before, part of it was paid by her credit card overdraft, and some was borrowed from relatives.
Although the traffic police reminded her that she could apply to the insurance company for an advance payment of 18,000 yuan of compulsory traffic insurance, but even so, it was still far from meeting the follow-up treatment costs.
What made Ms. Zhang dissatisfied was that after the accident, neither the e-driving platform nor the driver that her husband used took the initiative to contact her.
She told reporters that she contacted the driving platform and hoped to pay part of the treatment fee in advance, but the staff who answered the phone said that she would report to the leader, and then there was no more.
At the same time, the chauffeurs contacted them as required by the platform, but kept saying that they were unable to pay in advance.
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Driver customer service asks the insurance company to consult
The staff said that they had paid in advance
On the afternoon of February 15, a reporter from Ziniu News called the official customer service number of the e-driver platform. The staff confirmed that they had received Ms. Zhang's accident report and said that the relevant losses would be paid by the insurance company insured on the platform.
Regarding the urgent need to solve the problem of medical expenses raised by Ms. Zhang, the reporter asked whether the e-driver platform has a plan to advance medical expenses?
The staff replied to let the reporter know and apply to the insurance company.
As for whether the insurance company has a precedent for advance payment and how long the related application process will take, the staff member said that he is not clear.
The reporter called the Kunshan e-driver staff Mr. Lu again. The other party did not answer the reporter's questions on the grounds of "reporting to the leader" and "this matter is the responsibility of a special 'accident investigation team'". .
After that, the reporter contacted Mr. Zhang, who was in charge of handling traffic accidents at the Beijing headquarters of "e-driver".
Regarding the concerns of Mr. Wang's family, Mr. Zhang said, "The company has previously paid for medical expenses in advance, but after the patient's family received the insurance company's claim payment later, they did not return the advanced money, and finally let it go." Regarding this accident, Mr. Zhang said, "If we reach an agreement with the customer and make it clear that we will return the money to the company after getting the insurance payment, our company is willing to take part of the money first."
Lawyer's statement
Lawyer recommends applying for relief fund
Who will pay for the loss of a driving accident?
So, how does Ms. Zhang solve the urgent problem?
Ziniu News reporter interviewed lawyer Xu Xudong of Jiangsu Yicheng Law Firm.
Xu Xudong believes that from the current situation, the responsibility for this traffic accident has not been determined, so it is unlikely that the injured family will get help from the platform and insurance companies in a short period of time.
At present, Ms. Zhang can try to report to the rescue fund manager at the place where the traffic accident occurred within 30 working days from the date of the road traffic accident in accordance with the provisions of Article 12 of the "Administrative Measures for the Social Assistance Fund for Road Traffic Accidents in Jiangsu Province". The rescue network applies for advance payment of part or all of the rescue costs to the victim.
Nowadays, commercial chauffeurs are accepted by more and more people because of their convenience, so who should compensate for the personal and property losses caused by it?
Lawyer Chang Xuan, executive director of Jiangsu Jinxiehe Law Firm, told reporters that in the case where the driver bears the full responsibility, the third party's losses are generally paid by the compulsory traffic insurance first, and the infringed party can request the vehicle commercial three-liability insurance to bear the responsibility. You can also ask the driver and his company to bear the responsibility.
As for the loss of occupants in this case, if the vehicle is insured with occupant insurance, the infringed can choose to claim to the insurance company, or choose to be borne by the driver and his company; , the chauffeur and the company to which it belongs are fully borne by the driver.
If the driver has insured the driver's liability insurance, the liability can be transferred to the insurance company.
As for whether the infringed should find the driver or the insurance company, it depends on the agreement of the insurance contract.
Ms. Peng, a senior employee of an insurance company in Suzhou, added in an interview that if the accident is the full responsibility of the other party, the insurance company insured by the other party will compensate.
Xu Xudong pointed out that if there is a dispute in such an accident, the victim can file a civil lawsuit against the platform company, the platform partner company, the insurance company in which the vehicle is insured, and the driver after the injured person’s treatment is completed. , and make a judgment after the court finds out the corresponding facts and various legal relationships, and determines the subject of compensation and the liability for compensation.