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How to be prepared for a motorcycle accident in China
Having an accident in China can be extremely complex, expensive and upsetting, especially as to your point of view you may have been 0% at fault but it could still cost you a lot of money. If you are a new rider and/or new to China read carefully, if you have lived in China and have ridden here for a while please give feedback and share your thoughts and experiences.
Are you Injured?
Play hurt if needed and stay on the ground and demand a big payout, possibly take photos of the scene and claim you were not at fault. Start at $2000(USD) per broken limb $200 per cut or bruise, damage to the bike, loss of income etc. This is because the other party will try to withhold the cost of damage to their vehicle. If your 'damage' is greater than theirs you get money or at least don't lose money as blame is established by percentages. If a car driver that hits you is blamed their car will be impounded until they pay the settlement to you. The same will happen if you are blamed, no bike until you pay.
Is someone else injured?
If someone else has been injured this is probably because they are another motorcyclist, ebike rider, cyclist or pedestrian. In this case things could get expensive and nasty, police will apportion blame, their opinion is the law and you cannot appeal, you may be blamed regardless of what you know about traffic law from other countries or even China, although there could be some arbitration involved in the final settlement. Be prepared to be forced to pay when the police arrive or at a later time. Take photos, try to prove that the other party was in the wrong. Are you sure that they hadn't been drinking, have a license for their vehicle etc?
Just damage?
If the other party is willing money can be exchanged and everyone can go home. It could be easier just to pay and leave, even if you were not at fault if not to waste time, in which case haggle lower. This however might not suit everyone's taste. Many people have just left the scene, but there can be serious consequences and is not recommended.
Run or not?
Don't run in the event of injury to anyone other than yourself, especially because of lack of insurance, license or registration. For motorcycles in China these are usually considered misdemeanors requiring a small fine and possible impounding of the bike in most provinces, although potentially under the law the police can enforce 10 day detention, but this is very unusual outside of Shanghai. The consequences for fleeing an accident when some one has been injured are much more severe.
Get away legally, ASAP
Very quickly agreeing or doing something that seemed like you were agreeing paying and leaving could be a wise move before crowds and authorities show up, in the event of a collision with a pedestrian, is almost certainly a smart move. You may know that the other party, lets say a pedestrian has run out into the road without looking, but it's hard to prove, so you'll just end up paying for their injury regardless. Cases have shown, the longer that the money issue takes to be resolved, the more expensive it will become.
Getting around the language barrier
If your Chinese is less than fluent always carry a cell-phone and get a Chinese sim card in it. If you have any English/Chinese speaking acquaintances or friends even ones you have met briefly get them on speed-dial and call them if you need to negotiate via phone or if possible come down to help with your side of the case. Wealthy friends that work for local government, police, insurance companies or local mafia are particularly useful. Promise a dinner, free English teaching etc if they help you out.
About insurance
The compulsory motorcycle insurance that comes with registration in China is not as useful as it could be as it only covers 3rd party injury. Emergency health treatment usually needs to paid for up front for and then the insured parties are paid back by their insurance companies. So in other words pay for anyone hurt from your own pocket ASAP, pay for treatment and keep the receipts or copies of them if possible. Vehicular damage will be paid by you as you are not covered under basic compulsory Chinese motorcycle insurance if you are deemed at fault. Your vehicular damage will be paid by the other parties' insurance if they have insurance and are deemed at fault. Always keep your compulsory Chinese motorcycle insurance up to date, if someone is unhappy with the outcome of a personal injury claim they may attempt to sue you, which could mean major hassles, if you are insured the insurance company can deal with this. Also personal injury claims can get very expensive very quickly as some people believe that it is a money making opportunity and will falsify medical bills, personal distress, loss of income etc. Insurance companies can keep a lid on this excessive claiming culture as they deal with them everyday. If you have travel insurance documents keep them on you. There are other policies available providing additional cover discussed in this thread.
About hospitals
Hospitals have been improving in China but generally they offer a much lower service level than in the west. Doctors expect an extra 'tip' for services to be done properly. Ambulances are expensive and people are generally unlikely to help you because they don't want to be involved as they feel they will be made to pay. Make it clear you have enough money to pay for your own health care, and absolutely have the name and address of a contact number such as your embassy or significant other on your person or written on your helmet in Chinese. Bring cash sealed in clear plastic, any known foreign currency or Chinese yuan so that if you end up unconscious and in hospital they can treat you without wondering where the money will come from.
Get away and stay away
Once there has been a legal settlement on the scene of an accident it doesn't automatically mean everything is over, if legal recourse doesn't pay what people feel they are owed, or they feel a verdict was unfairly wrong they may resort to the services of someone who is of 'low character'. I have never heard of a case where a foreigner was involved, however I know a case involving two locals where one was ordered to pay 200 yuan in compensation to a party they had injured by a court. The injured party sent 20 'mafia' to extort 10,000 yuan, which is what they felt they were owed. So don't give out addresses unnecessarily or allow yourself or bike to be seen in the area for a while afterward.
These notes are a 'best guess' from living in China for 10 years and being part of the motorcycling community. Whilst trying to make the guide as helpful as possible it may not be complete or legally correct. If you know that any information is incorrect or suspect that any is, please comment in this thread so that this original post can be updated.
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Re: How to be prepared for a motorcycle accident in China
Thanks. This post should be made extra-sticky, a must read for everyone getting a bike here.
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Re: How to be prepared for a motorcycle accident in China
Awesome amount of information, good things to consider as a visitor to China.
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Re: How to be prepared for a motorcycle accident in China
Lots of useful info, thanks.
But 1 disagreement and 1 remark :
Disagreement : advising foreigners to "pay out" or to show USD bills is not the solution according to me, it only reinforces the problem. I know I know, I've been in China for a while now, and I know what you meant here. But my point is that paying out too easily to avoid problems only encourage this kind of behaviour in the future from Chinese towards foreigners. Stick to the first point you made, play by their rules : ask for compensation too, don't settle for giving money if you think you did nothing wrong at all.
I know several cases of foreigners not wanting to "pay out" when they did nothing wrong. The police came, threatened to impound both cars if the foreigner didn't pay what the other party was asking for. In all those cases, the foreigner then just handed out the key "ok let's impound them", which took completely the other party by surprise and they massively reduced the amount they were asking or abandoned all together their claims... Food for thoughts.
Remark about insurance : it's true that the basic insurance you can buy at the bike shop is useless, and only for the third party. That is, if you settle for this kind of shitty insurance...
I decided for both bikes I owned in Shanghai, for the pillion I was regularly taking with me and for me, that I would do more. I now pay RMB 1,500/year to PICC for compensations up to RMB 500,000 for the rider (me) and up to RMB 200,000 for the pillion. I understood that this was the most I could get in China. It's not a lot, but much better than the basic insurance you get for RMB 120/year.
My point being that you can get better insurance in China which can cover some of your medical expenses.
Cheers,
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Re: How to be prepared for a motorcycle accident in China
@Fred
Agree on insuarnce - and they pay, but you need Chinese skills or Chinese helper to handle it.
My expirece is from car accidents where even the people adapt their stories so that the both insurances are paying the oponents case.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
andre555
@Fred
Agree on insuarnce - and they pay, but you need Chinese skills or Chinese helper to handle it.
My expirece is from car accidents where even the people adapt their stories so that the both insurances are paying the oponents case.
Interesting comments about insurance, and this could even merit a new thread. Inspired by a comment from ChinaV about buying extra coverage, I tried to do the same thing for my Jialing at my insurer, which I think also is PICC. They sold me a slightly improved policy with third party coverage up to 100k for an extra 112 rmb (which is way less than 1500 rmb). Very easy to do. But then Motokai tried to get the same thing, and they said it was only for cars, not motorcycles. Same office, but different clerk. Finally, he prevailed, but only after obliging them to dig out my policy.
Yes, the standard policy is laughably cheap and easy, but what's it really worth?
How about we drag this discussion over into a thread called Motorcycle insurance in China?
cheers
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Re: How to be prepared for a motorcycle accident in China
What about thread just for insurance in China.
I think I just got ripped I payed 2200 rmb a year(the price will go up next year because of my age) for a coverage of 500,000 rmb.
That was for if I get injured ,sick or die and have to go to hospital or the cemetery which ever is the case.Doesn't matter if I get injured riding a motorcycle, driving a car or skiing.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
bigdamo
I think I just got ripped I payed 2200 rmb a year(the price will go up next year because of my age) for a coverage of 500,000 rmb
That's a great price, ¥2200 wouldn't even get you a month of insurance in America and ¥500,000 would last about 10 minutes in an emergency room. I think you did good and that's money well spent.
If we're going to go off on an insurance thread, let's be sure to separate it into Automotive, Health, Property, etc.
Cheers!
ChinaV
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by Fred
But 1 disagreement and 1 remark :
Disagreement : advising foreigners to "pay out" or to show USD bills is not the solution according to me, it only reinforces the problem. I know I know, I've been in China for a while now, and I know what you meant here. But my point is that paying out too easily to avoid problems only encourage this kind of behaviour in the future from Chinese towards foreigners. Stick to the first point you made, play by their rules : ask for compensation too, don't settle for giving money if you think you did nothing wrong at all.
I know several cases of foreigners not wanting to "pay out" when they did nothing wrong. The police came, threatened to impound both cars if the foreigner didn't pay what the other party was asking for. In all those cases, the foreigner then just handed out the key "ok let's impound them", which took completely the other party by surprise and they massively reduced the amount they were asking or abandoned all together their claims... Food for thoughts.
No, I'm not saying that foreigners should always pay out. Not your fault? Act hurt, demand money. Maybe a bit your fault? Pay and go ASAP. Someone else hurt? Pay and go ASAP. Simple.
If someone is hurt then someone pays, this is how it works, there is mostly no anti-laowei conspiracy, at least in the city I live in, but I can't speak for Shanghai. I've seen how it works with Chinese drivers. Some new foreigners think that because things work differently here then it means that they are being targeted to be screwed over and unfairly treated. Of course that does happen, but what happens to Chinese drivers/riders etc is often clearly unfair to our understanding of traffic law. I really am saying 'except only equal treatment'.
If there is only damage and no injury I have said to Chinese drivers/riders in the past in Chinese: 'you ain't getting a penny, because you were'........on the wrong side of the road/weren't looking where you were going etc 'are you gonna pay me? Uh no? You're blaming me? You can get f***ed' then just leave. But it didn't want to suggest that, because it is potentially something that could land you in trouble with the police or mafia, and I've been lucky to have had no consequences the thankfully few times this has happened.
+1 On new thread on how to get optional extra motorcycle insurance from the PICC, like Motokai I was told there was no such thing when I asked, and that the basic was all you can get, but that was a few years ago.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
ChinaV
That's a great price, ¥2200 wouldn't even get you a month of insurance in America and ¥500,000 would last about 10 minutes in an emergency room. I think you did good and that's money well spent.
If we're going to go off on an insurance thread, let's be sure to separate it into Automotive, Health, Property, etc.
Cheers!
ChinaV
Is that a good price for China?
Apparently i am the first western person who has taken out this type of insurance in Xinjiang.Find that hard to believe.
We approached many insurance companies and they didn't want to know about insuring me.Only one would cover me.
We are quite a few years behind eastern China though.
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Re: How to be prepared for a motorcycle accident in China
I can only add one very useful thing to do before anything else; Make pictures from every angle, and from both vehicles involved.
Specially if they carry 153 water-bottles on a scooter, 5 people on a motorbike, or if the other parties bicycle is laying on the wrong side of the road (before they sneak it to the other side before the police arrives...).
It saved me several times from nasty accusations, heck, I even got paid sometimes :)
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Re: How to be prepared for a motorcycle accident in China
Definitely some good tips and important for people to know here. I got into a minor accident myself earlier this year and wrote a blog post on how to deal with getting into a motorcycle accident in china for those who are interested. I think one of the important things about dealing with these types of issues in China in general and specifically with something like vehicle accidents is that there really are no set rules, it's more just a matter of knowing how to deal with the situations that come up and knowing what to expect.
One thing I would say about this list is to reiterate Fred's comment with regards to how much emphasis is put on money in this list of advice. For one thing, as Fred says, I generally don't like reinforcing the "He/she's a laowai so we can get money from them" and second, I think it leaves the foreigner in question extremely vulnerable to be taken advantage of (such as keeping your money in a plastic bag for everyone to see). Some of this also depends on the seriousness of the accident. It should be noted that there are "professionals" that go around as pedestrians or bikers trying to get in an accident to get a payout. If this is the case and you pull out a plastic bag with a bunch of money in it, you can say goodbye to that money, as the cop will have to side with the "victim" in that situation. A good strategy is actually to have 50-100 in your wallet and keep the rest of your money somewhere else. The cop will typically want to get out of there as quickly as possible with as little paperwork as possible, so, depending on the severity of the accident, the victim will be happy to take the 50-100. Again, it all depends on the situation, but I think money should be considered as a last (though reliable) resort.
Second, I think the point about how pedestrians, bikes, e-bikes, scooters, motorcycles, cars, etc. are classified. This is usually very important to be aware of when you've gotten into accident. In general the rule of thumb is that if you're bigger, you're going to be held responsible even if it's not your fault. This is exactly what happened to me with my recent motorcycle accident, but I was lucky to have a cop that didn't want to deal with paperwork and an accusing scooter driver that didn't know what he was doing (also lucky I didn't flash money because I didn't have to pay).
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Re: How to be prepared for a motorcycle accident in China
Depends on where it happen, there is 1 type of rare accident -- intentional. Those animals are after your money. Althought these days victim are more from car drivers. Motorcyclist is also faced same threat.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by Bucko
keeping your money in a plastic bag for everyone to see.
I don't think you are quite clear. The reason for this is that if you are in an accident where you are left unconscious you need for the medical services to be able to ascertain quickly that you have enough money to pay for the treatment, they look through your clothes and quickly find the money, potentially saving your life, and the plastic to keep the money safe from the environment whist you are riding.
If in the event of having an accident with a bicycle, ebike or pedestrian you have the option to pay and leave ASAP, and yes, you need witnesses to see you have paid, or risk serious fallout later.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
ZMC888
I don't think you are quite clear. The reason for this is that if you are in an accident where you are left unconscious you need for the medical services to be able to ascertain quickly that you have enough money to pay for the treatment, they look through your clothes and quickly find the money, potentially saving your life, and the plastic to keep the money safe from the environment whist you are riding.
If in the event of having an accident with a bicycle, ebike or pedestrian you have the option to pay and leave ASAP, and yes, you need witnesses to see you have paid, or risk serious fallout later.
Right, ok. I guess I can see the logic in that. However, what's to ensure that the person who finds you (or crashed into you) is such a good Samaritan? Who's to say that they wouldn't just call the cops and take your money? Equally, if they are kind enough to go through such troubles, why wouldn't they just do what they could to help you anyway, or equally find that you have the proper resources in your wallet. I guess what I was just warning about is the centrality of money and the importance placed on it. I think better than a bag of money and credit cards (which runs the risk of being stolen, which has happened recently to a friend of mine) a card with important contact information in Chinese, would go a long way towards providing the type of protection you're talking about and avoid any incident that may occur centering around money too much.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by Bucko
Right, ok. I guess I can see the logic in that. However, what's to ensure that the person who finds you (or crashed into you) is such a good Samaritan? Who's to say that they wouldn't just call the cops and take your money? Equally, if they are kind enough to go through such troubles, why wouldn't they just do what they could to help you anyway, or equally find that you have the proper resources in your wallet.
OK, so travel without any money on you then. That way you'll be sure that the Chinese thieves cannot steal it if you are unconscious! You may die a a result, but at least your cash is safe? :eek2:
Generally the hospitals want to treat you, however they worry about where the money is going to be coming from, so if you have it on you they then can begin treatment. If you read my original post, I already suggested that telephone contacts, be written on a helmet, but a card may be good too.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
ZMC888
OK, so travel without any money on you then. That way you'll be sure that the Chinese thieves cannot steal it if you are unconscious! You may die a a result, but at least your cash is safe? :eek2:
Generally the hospitals want to treat you, however they worry about where the money is going to be coming from, so if you have it on you they then can begin treatment. If you read my original post, I already suggested that telephone contacts, be written on a helmet, but a card may be good too.
Please think about this.
-I've been riding bikes for 20 years, and have ridden in at least 10 countries.
-I've lived in China and ridden here for 10 years and speak and read semi-fluent Chinese.
-We've been discussing accidents on these forums for years, and know the gruesome details of at least 30 accidents.
Please think about how you'd feel if a guy with 4 years total riding experience, barely 3 years in China, that had one accident and some anecdotes from a mate was trying to pick apart your posts because he thinks he's written the definitive 1,2,3, guide already?
That would make you feel _________? :weary:
I thought that this was a forum for discussion and so I thought I would try and have a discussion about this, that's all. I'm sorry if I some how offended you.
I never said I had "written the definitive 1,2,3 guide" nor did I ever claim to be an expert. I was trying to share from my experience. That's it. I am genuinely just trying to share and learn from other people's experiences, that's what an inexperienced person is supposed to do isn't it? What on earth does picking apart how little comparative experience I have accomplish? I have also heard other advise from similarly experienced people. I'm just trying to share this and point out what I think wouldn't make sense to learn why maybe it would.
Sorry if I offended you.
Ride safe.
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Re: How to be prepared for a motorcycle accident in China
I'm not really offended, more slightly miffed. We're only on the interweb, were semi-anonymity allows brutal honesty and frank discussion.
Your experience of an accident is absolutely relevant to this thread, and to the site in general. Although it's only relevant as part of the mix of various experiences we have all had. What's out there in terms of knowledge about riding in China comes from this site. Whether found on other sites, discussions with friends or acquaintances are often first, second or third hand rehashes of things that of been written and read here whether consciously or not, a community that has millions of kilometers under its wheels.
It's just that I don't think I'm speaking for myself only when I say that you are putting yourself on a massive pedestal with your blog where you talk openly about not being legal and your blog that reads as though it's a definitive guide, whether intended to or not. To me how to deal with an accident in China should be a collaborative effort where we discuss our opinions and try to arrive at a consensus to best guide new riders. But to me it rightly or wrongly seemed as though you were probing for weaknesses, when I'd clearly already answered your questions.
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Re: How to be prepared for a motorcycle accident in China
Because it has been mentioned, and because it's 100% on topic, we can discuss about the "Emergency card" idea.
I have one around my neck everytime I'm taking the bike, even for 2km. It's very simply made with Excel, printed and put in a protective plastic badge around the neck, like a company card.
It is in both English and Chinese of course, is titled "Emergency Card" in big bold red letters and state :
- Names (western & Chinese)
- Nationality
- Passport Number
- Address
- Blood type
- Allergies (none)
- Persons to contact in case of emergency (name in English & Chinese, telephone number & address)
- PICC Insurance Contract number & hotline number : this helps exactly in the situation discussed above : instead of money, the hospital can know I'm insured and can call the PICC hotline to know quickly the extent of my coverage, so they can start really working to save me. :rolleyes1:
As I travel a lot with my GF on the back and will travel a lot with her, the emergency contact persons in case of an accident is her BUT not only her of course, in case she's wounded too.
Needless to say, she has her own card around the neck too.
Some may call this too much or... well whatever they can call this, but being a rider in China, and being responsible for the person I take on my bike, it's for me the MINIMUM to do.
Unfortunately, the ones who don't think about doing it are the ones who didn't spend enough time in China... This is of course only my humble opinion. :icon10:
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
ZMC888
But to me it rightly or wrongly seemed as though you were probing for weaknesses, when I'd clearly already answered your questions.
Amen :icon10:
~~Kidding~~
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
Fred
Unfortunately, the ones who don't think about doing it are the ones who didn't spend enough time in China... This is of course only my humble opinion.
Well, I might not have spent enough time in China, but I have been personally involved in accidents where I needed care.
I have been in Chinese ambulances, I have been walking into Chinese hospitals with blood all over my race overall.
I have been in emergency rooms where the beds were still drenched with the blood of last week's victim (no joke).
I have also been with some fellow riders who needed medical care after an accident.
This all on and around professional race-tracks, where you might assume that the care is on a higher level then on the street in some small local village.
The truth? Sorry that I have to disappoint you.
There is no one who cares what you wear around your neck.
Yeah, they might roll you to see if there is money, but they will not open up that little thing to see if there is a mum's telephone number to notify.
They simply don't have the sense...
Sorry if I disappoint you, but I have seen it too many times in real time.
E.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
998S
Well, I might not have spent enough time in China, but I have been personally involved in accidents where I needed care.
I have been in Chinese ambulances, I have been walking into Chinese hospitals with blood all over my race overall.
I have been in emergency rooms where the beds were still drenched with the blood of last week's victim (no joke).
I have also been with some fellow riders who needed medical care after an accident.
This all on and around professional race-tracks, where you might assume that the care is on a higher level then on the street in some small local village.
The truth? Sorry that I have to disappoint you.
There is no one who cares what you wear around your neck.
Yeah, they might roll you to see if there is money, but they will not open up that little thing to see if there is a mum's telephone number to notify.
They simply don't have the sense...
Sorry if I disappoint you, but I have seen it too many times in real time.
E.
Wouldn't they have all your info on file if your doing track days or racing? just wondering.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
bigdamo
Wouldn't they have all your info on file if your doing track days or racing? just wondering.
No.
And if they have it from a race-subscription, it is not readily available at the track, let alone in the ambulance or hospital.
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Re: How to be prepared for a motorcycle accident in China
I hear you, and that's why I'm not a fool enough to write that "it'll prevent any problems and everything will be fine in a better world".
But it can help in some cases, it could be one more step towards staying alive. Riding is not safe, riding in China is definitely not safe, but maybe later (10-20 years) it will become less dangerous than it is now, if the mindset of the people and the infrastructure and organization of the emergency services improve.
Meanwhile, it's more about what YOU can do for your safety. Having an emergency card around the neck is not a talisman preventing bad things from happening, but it could help.
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by 998S
Yeah, they might roll you to see if there is money, but they will not open up that little thing to see if there is a mum's telephone number to notify.
They simply don't have the sense...
Helmet write: 'XXXXXX yuan reward for aiding rider if unconscious after an accident. Dial XXXXXXXXXXX to claim your reward'. Written in Chinese. That might help!
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
ZMC888
Helmet write: 'XXXXXX yuan reward for aiding rider if unconscious after an accident. Dial XXXXXXXXXXX to claim your reward'. Written in Chinese. That might help!
Now that's an idea ! :lol8:
How sad is it that it might actually work in China....
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Re: How to be prepared for a motorcycle accident in China
Hi Guy newbie here - Is it at all possible to enter China on a Motorcycle legally? I am being told NO.
Any advise? I am planning a trip from HK to Nepal on to Europe and any advise please go=ive it
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Re: How to be prepared for a motorcycle accident in China
Quote:
Originally Posted by
NZBrakelathes
Hi Guy newbie here - Is it at all possible to enter China on a Motorcycle legally? I am being told NO.
Any advise? I am planning a trip from HK to Nepal on to Europe and any advise please go=ive it
Wrong thread, and a question answered many times in this forum.
Try the search tool (top right) please.
After that, we'll be happy to help in any way possible with your trip ! :lol8:
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Re: How to be prepared for a motorcycle accident in China
3 years ago while on a month tour in the south western provinces I had an accident in a village.
A little girl crossed just in front of the bike. I tried to avoid her but her coat was caught by the front fender. I stopped to care take of her, she was ok but I asked her family to send her for a medical check.
The traffic police came to do the accident report then took the bike and my papers (driver license, insurance, bike registration) . All my papers were in order and legal.
With the help of the insurance company and a local English teacher it took me 4 days to sort out the situation with the Police. Even if I wasn't held responsible I had to pay to cover the medical costs if I wanted to retrieve the bike and the papers.
So I paid 6000RMB to the familly, it was duly recorded with the Police. Few days later I went to the insurance company local office in Chengdu with the papers provided by the Police. I was reimbursed more or less half the amount paid.
At the time I found it a strange way to proceed but it seems quite common and was acknoledged by the insurance company. At least the little girl got some medical check at the hospital. I was quite happy to see her fine when I visited her at the hospital.
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Re: How to be prepared for a motorcycle accident in China
Okay, So I have to throw my two cents worth in here... I am seeing a lot of good stuff and some bad stuff!
I recently had an accentident involving my Jialing sidecar and TWO pedsitrians.
FIrst thing to know, ALWAYS BE LEGAL!!! Make sure your bike is Plated with fully legitimate plates, that the plates/bike are inspected, the bike is issured through a large company and you have a legitimate and appropriately endorced license.
The facts of my accident are as follows:
1. On the 320 guo dao leaving Shanghai heading to HangZhou. For those in Shanghai, I was on the edge of Song Jiang district.
2. Moving through a T intersection, with the right of way through heavy traffic.
3. Two women/girls in their mid 20's, in the middle of the interestion 200 meters outside the Zebra lines/ crosswalk.
4. My speed was approximately 25-35kmph
I was travelling along the G320 heading straight through the T intersection, traffic was very heavy and crazy to say the least. As I entered the intersection I got behind a student vehicle making a left on to the side road of the T. As the student vehicle slowly turned left into traffic I began to pass behind and between the student vehicle and a bus, which was stopped at the bus stop in the interestion. As I clear the rear of the student car I proceeded in my lane foward, again with the bus next to me one my right. As the front of my bike clear the buses front end I heard laughing and and a loud honk from the bus, two girls who had been on the bus decided to exit the bus and run cross the intersection infront of the bus. They ran so close to the bus that the driver screamed at them they turned to look at him while still running across the front of the bus. At that instant my sidecar clearded the front of the bus, I attempted to swerve but it was too late the two girls collided with a scream into my SIDECAR. The usual craziness insued, the girls laid still on the ground crying. I am a trained paramedic and did what I could to keep the two calm, only one girl stated she had injuries to her leg. She stated no other problems and her friend stated nothing was hurt. Fearing a potentially broken Femer (the big bone in the thigh) told her to remain face down in the street. A crowd then developed in the middle of this crazy intersection, just when I though the crowd was coming to blast the Laowai for hitting two girls, it was the complete opposite. The crowd of men wonem and childeren quitely looked on and helped keep traffic away and us safe. Quickly though the crowd began to turn on the girls, one of which was still crying wildly. The crowd was loudly telling them that crying does'nt help and that lying on the cold ground does'nt help either and that the accident was not that big of a deal. This all intensified when the policemen arrived and demanded that the girls get up and sit on the side of the road. I explained to the policemen what happened and why i felt she should remain still. He agreed, and moments later the ambulance arrived. The medics (i use the term loosely) arrived with virtually no equipment and the ambulance was completely empty except for the strecher and pair of mast pants (inflatable pants used to stablize hip and upper leg injuries) which they had but did not use. Once the girls are aboard the ambulance with as much drama as a Hollywood film, then the real work began.
The officer and I began to run through the events and measure and calculate the evidence. While this was going on in my mind I am thinking okay when is my bike going to be taken away and impounded, which police station am I going to and whats next..... But to my surprise once all the evidence was collected and his drawings made, he asked me the most amazing thing. "Where are you going to drive to now?" My riding buddy who was on his Ducati infront when the accident happened (and who as been in 2 accidents several years ago, and with horrible memoires of the crowds and police) and I were shocked by this question and he shouted out "we are going home". The officer handed me my bikes blue book and my license, but then took the license back stated I still need to come back in two days to complete all the formalites.
Still in shock by the accident and stunned by the policemens action (the fact that the whole process has been completely opposite of the stories I have heard) we drove home. I recieved a call from the same policemen telling me that I was only responcible for 30% of the accident (by law 10% blame is assesed to anyone operating a motor vehicle) and that the young ladies were 70% responcible because they were not in the crosswalk when they chose to cross the interestion. And that I will be coming in two days to negotiate with the girl who was injuried. Even though I ws not the majority fault holder as a motor vehicle operator, my insurance company covers 10,000rmb in injury coverage and do to the law of Harmonious Living both parties must come together to try to make both parties happy. According to the insurance company if only the manditory 10% is assesed then you only have to pay 1000rmb to cover ambulance fees. Any additional percentage move coverage to full and anything above the coverd amount to assesed by the % your responcible. For example if 30% is assesed anything over my covered 10,000rmb i am required to pay 30% of the total excess.
After much back and forth over 3 days and quite a bit of bullshit from the boyfriend of the girl, we are about to settle at 2800rmb well within my insurance coverage, it basically covers the ambulance and her few hours in the hospital (she had no injuries other then a bruise). I was only going to pay for items that he or she could show "shou ju" or invoices. THEN walks in the father, and the whole civil situation becomes a joke. He begins to demand that I pay for his daughters emotional damages.... now this has two problems firstly as confirmed by the officer, China doesn't have this law and secondly she caused the accident!!! The father refused the deal and the policemen offically recorded the outcome. The next question was WHATS NEXT. The policemen stated "don't worry he will sue you". Not what I wanted to hear, the policemen quitely said its better this way now you wont have to pay! Stunned I asked for more information, he continued to state that the family would now have to see the local court and sue me and my insurance company and prove that the policemens judgment at the scene was wrong (yeah good luck buddy). I went home and called Tia Ping inurance and inquired further. Turns out I don't have anymore involvement and that the legal team at Tia Ping insurance will now take over if needed.
A few weeks go by and nothing, then a call came from the boyfriend of the girl appologizing for the events that unfolded and that they now had all the paperwork and invoices ready to settle (they have now had 3 weeks to make all sorts of fake invoices). I told them under no terms would I come back to negotiate, I and already used up my good will and was feed up. They wanted to sue then they can go and sue now. I will not pay a dime until the court tell me to and even then my insurance will pay out, verse reimbursing me for a cash payout.
Long story short.... I have heard nothing since then and I am pretty sure I won't. This is a prime example where at least in the country side outside of Shanghai the law was followed to the letter regardless of nationality or public opinion and where having 100% FULLY LICENSED, INSURED bike and driver, meant that even on the worse driving day of my life, I was protected and vindicated.
Always drive legal and be careful out there!