Had an accident

[slabo]

Updates:
I met a lawyer yesterday. The insurance pays after everything is settled, that's the normal procedure. My insurance pays a maximum of 10000 rmb for hospitalization, 2000 for damage to another vehicle, and 110000 rmb in case of death or disability.

The girl insisted to do the surgery. I'm not sure surgery was necessary, maybe the doctors at the hospital just want to practise cutting people up. Here's a couple of photos of the x-ray. The girl is 22 years old.








Cost of both operations, one to put in the implant, another to remove a year later, is maximum 30k rmb. We're offering them 40k. The lawyer said if they chose to take legal action, the most they can get is the cost of the operation. Let's see how that goes. I'm still waiting.

Here's a photo of the street where you're not supposed to cross. We crossed the same way she did, only the streets were empty, as always when it's cold in Kunming. I was wearing my full face helmet, which I rarely use, I'm not sure if that was a factor in the accident. I was not drunk, sleepy, tired or in anyway distracted, but still I only saw her when I was a few meters away. Actually, I didn't know she crossed the fence, my girlfriend saw that. The girl does not deny that either, but she said she was right near the fence, not in the middle. Impossible because I distinctly remember hitting her from the right side of the bike and not hitting the fence. Also, I'm sure I was in the middle of the lane, where else could I ride. I do accept fault for riding a bit too quick in rush hour.

[felix]

Hi Slabo,

That seriously blows, i hope it can all be over and forgotten soon. Best of luck!

[Supersignet]

Wow, this really sucks. I hope it all gets worked out quickly and painlessly for you

[VTECsauce]

This is crazy. (Well, TIC I guess.) Also a little scary! I can't see how it could be any more than 10% your fault. As everyone has said, the fence is there to tell people not to cross the road there, Surely if someone then chooses to cross there; it's their fault.
I know most of us are quite well off by average standards, but 40,000rmb is not small change.

Good luck.

Glad she's all right (and glad you and your GF are all right too! :) )

[Nuhaus]

Putting pins into someone's arm is very serious. Hopefully the girl will be able to have full use of her arm after the final surgery, but that will be only with a lot of pain and hard work. I'm sure you're angry about the money, but this kid will be living with this for at least a year and a half, if not the rest of her life.

Did you get a final judgement from the police?

Hoping you recover from this soon yourself. 40K is indeed not small change.

[euphonius]

I'm not a doctor, but have recently had substantial orthopedic work. Nuhaus is correct that pinning a broken bone is serious business, and that surgery is no guarantee. However, looking at these xrays, I'd say there is approximately zero need for surgery. This is a clean, simple fracture. Manipulate the two bone segments into the correct position, then set the arm in a cast to immobilize it. In a 20-year-old girl, the bone will heal quickly, in 3-6 weeks.

Slabo, you might be correct that this is a case of doctors taking advantage of a patient's desire for "the best" (at someone else's expense -- whee!) to provide a procedure that is not necessary and also carries unnecessary risks.

Unless the surgery is already done, and the point is moot, you might try to get a truly independent opinion by sharing those xrays with other doctors. Not just for your sake, but for the girl's.

[Wrangler]

Slabo, it sucks all of this happened. Really appreciate you taking the time to post all of this and update us. I look at the picture of the street and think it could happen to any of us. I think of how many stupid ass locals cross without looking both ways or just simply think vehicles will stop for them. Serves as a reminder to us to watch out. Hope the negotiations end quickly and in your favor.

[slabo]

truly independent opinion

How am I supposed to do that? I took the x-rays and went to another hospital, as soon as they heard the full story, and that the other hospital recommends surgery, they agree. Any doctor who says otherwise is going to have to go the girls' folks and fight for his opinion, fight against the hospital's doctors. Looking back I can see it was futile to get a second opinion. What else could I do?

She already did the surgery. I truly hope she recovers. They seem to be good folks.

[slabo]

Did you get a final judgement from the police?

They were very vague about that. I understand they don't want to issue a statement unless we can't reach a settlement.

[wanglong]

Ass.

You know, I grew up with a lawyer, and I watch Suzie Orman. What I learned from both: You have to take care of yourself before you take care of others! That means that before you touch that damn girl, you should be getting as many pictures as possible! Where you hit her, hopefully there is some sign of the impact, blood splatter, whatever. Where she landed. Where you were when you saw her. Have someone stand where she was, and you take a picture from where you were when you saw her. Take a series of pictures from where you were traveling, and where she was traveling all the way till the point of impact.

Take the X-Ray to another doctor. Tape record the conversation (but don't tell him). Say that the X-Ray is from your brother's daughter and you just want to know if they think an operation is necessary. I know Beijing has 'western' hospitals (foreign doctors). Could you go to one of those in Kunming?

Why this is important:
1) When it comes to negotiating, you need more than words to get the point across. You can SAY that she was not where she was supposed to be, but it is just one person's word against another's. Not that it matters in China but it still helps bargain down...

2) When you are taking charge and looking like you have your shit together, it scares people who don't. It is amazing how issues with chinese people seem to have been instantly resolved when I took out my camera and started taking pictures of the driver, the car, the license plate, so on and so forth.

3) Pictures are worth a thousand words.

We all know that the law is pointless in China. A chinese state official stated this directly when foreign press pressed her about the reporter whose jaw was broken by police because he took pictures of a major shopping district on a recent sunday.

I feel like a hard and heartless bastard (Sgt. Hartman anyone?) but she could stand to be in a bit more pain so hopefully she learns a lesson, while you prepare your defense. Especially knowing that later she will be tearing your bank account apart!

But here is my opinion: I have had several incidents where I have been hit by people, or I hit others (all others were in cars and I was the one who suffered injuries/damage. The reason I hit them was because they turned in front of me) and I just walked away with my bike. While my conscience eats away at me every day for doing this, what eats at me more is the fact that NO MATTER WHAT I am seen as an ATM and that even though I am being victimized, I don't stand a chance to defend myself.

Me personally, I live in Beijing. And I have built up contacts with doctors at the best hospital in China. Also, I have direct or indirect contact with various levels of police officers, up to the chief of police of one of the Beijing districts, and with the judiciary. Currently, I am not entirely legal (still need my license) but am looking to be soon.

This is China, and here, you can't depend on society to take care of you just because you are doing what you are supposed to. You have to be like a fighter pilot if you are going to survive. Constantly on your guard, constantly looking out for what can possibly happen, and preparing contingencies for those possibilities. Here, you are responsible for yourself.

I REFUSE TO LET MYSELF BE TAKEN ADVANTAGE OF!!

If it came down to it, I would almost rather catch the last flight out than reward someone's stupidity... But I am also luckier in that I don't really have anything tying me down here.

You did the right thing Slabo and you should be proud of that. I really do hate to see good people be taken advantage of, and I hope that I did not sound like I was lambasting you or anything.

Usually this forum is a kinder place and I apologize for polluting it. Personally, I believe that ideas are important, and that they should be discussed openly. I do want to show my support for slabo, but also try to help others. China is a beautiful and wonderful place. But that is often masked by the fact that it is also hard and unforgiving when the shit hits the fan...

I may just be pontificating because I have never had to deal with a situation that serious before, and maybe I will actually crack under the pressure... But I just can not ignore how * expletive* this *expletive* makes me!

Again, please excuse by emotionally verbal regurgitation...