| Will you help the elderly after you were sued wrongly and ordered to pay 100000 rmb by the court? | |
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| Aug 21, 2011 03:11 |   |
 | Voting without time limit Note: Guest voter(s) are not displayed here. Two years, Mr. Xu, who drove his car on the road, found an old woman fall down when she tried to cross the fence. Thus, he stopped his car and tried to get her to the other side of the road. However, the old woman couldn’t stand up. So he called the ambulance. Before the ambulance came, the old woman asked Mr. Xu’s if she could use his cell phone to call her family. Mr. Xu said “Ok” and asked the old woman to tell him the phone number so that he could make a phone for her. He never expected that this old woman would tell her family that she was hit by him. Mr. Xu finally sent the old woman to the hospital when the ambulance came. At the same time, he paid 3000 rmb to the traffic accident police for investigating the accident. According the investigation, it is difficult to learn whether Mr. Xu hit the old woman. One year later, the old woman sued Mr. Xu to the court. She claimed that she was hit by Mr. Xu and then fell on the road. The court eventually judged that Mr. Xu burdened 40% of the medical fee because the old woman was possibly frightened and then fell down when Mr. Xu’s car ran closely to her. Mr. Xu appealed to the intermediate people's court against the sentence. He said other 3 cars passed by should also burden the medical fee if the old woman was frightened and fell down. If Mr. Xu was still sentenced to pay 100000 rmb as medical fee, I will never help any old people who fall on the road because I don't have 100000 if he/she sues me to the court. |
Last edited by LAUGH: Aug 21, 2011 03:18 | |
| Aug 21, 2011 20:46 | #1 |
| Mr. Xu's case has proved again “Good men never have good ends.” He is not the first victim. Peng Yu was the first one who has been judged in the same way after he helped an old man to cross the road. Mr.Xu actually has a chance to win. The investigation didn't say that Mr.Xu's car hit the old woman. If the old woman insisted that Mr. Xu hit her, she should have offered evidence. If he loses again, I will hesitate to help the elderly under the same circumstance. Like Laugh, I am afraid of being ordered to pay 100000 rmb to him/her. |
| Aug 21, 2011 23:00 | #2 |
| If I was sued wrongly and ordered to pay 100000 rmb by the court, I would never have helped the elderly again. In this world, many good men never have good ends. Jimmyb is right. |
| Aug 21, 2011 23:05 | #3 |
| PS: I thought Mr. Xu was set up by the old woman and her family. The old woman called her family and said he was hit by Mr. Xu's car after Mr. Xu gave her the cellphone. Why didn't they take action immediately after the accident? Is it possible that they didn't have enough money to pay for the medical fee? Then they sued Mr. Xu and asked him to burden the medical fee. |
| Aug 21, 2011 23:10 | #4 |
| Kevin, you seemed to be very angry. I can offer you a suggestion. Next time you meet an old man/old woman fall on the street, you first ask him/her to write a note which says "It's my fault that I fell on the street. It's nothing about Kevin. Kevin just wanted to help me." before you try to help him/her. |
| Aug 23, 2011 01:38 | #5 |
| Good idea, Marrymax. Next time I encounter this situation, I will call the ambulance far away from the injured old man and then leave. |
| Aug 23, 2011 02:23 | #6 |
| I am puzzled now. The case was proceeded at the court of second instance. The victim still claimed that she was hit by Mr. Xu’s car. Mr. Xu once admitted that he hit her and promised to burden the medical fee even if he sold his car. After sending the old woman to the hospital, Mr. Xu disappeared for a while. The old woman’s family couldn’t contact him. What’s worse, they believed that they were cheated by Mr. Xu. If Mr. Xu didn’t promise to burden the medical fee, the old woman’s family would already take the evidence from the traffic police’s video camera. Later, they were told that the video could only be kept for 1 month. It was too late when they tried to get the video proof. Mr. Xu said that the old woman’s family members disturbed the local transportation department several times and threatened that they would put the old woman in the department. Suffering pressure from the old woman’s family, he traffic police hesitated to offer the traffic accident report. At last, Mr. Xu got the report. According to the report, there was no trace on the car that can prove the old woman was hit by the car. Besides, Mr. Xu said that the old woman’s daughter once threatened him to pay CNY 80000 as medical fee. Otherwise, she would find someone to beat him. To supplement, the old woman’s daughter publicized a photo of Mr. Xu’s car. You can see that the car almost hit the fence. Her daughter raised a question “How could he stop his car so closely to the fence at very low speed? ” Some people made an assumption: Mr. Xu might encounter an emergency situation so that he turned left and hit the fence. But the fence wasn’t broken. Thus, he might drive at a low speed. If you were the judge, how would you end the case?  |
| Aug 31, 2011 02:22 | #7 |
| Laugh, another driver in Nantong met the same situation like Mr. Xu. His name is Yin Hongbin. He found an old woman lying on the road with her tricycle on her body when he was driving. So he stopped his shuttle bus and helped the old woman stand up. Suddenly, he saw another old man passing by. So he asked him to take care of her and planned to leave. The old man suspected that he might be the one who hit the old woman and didn’t let him go. At last, Yin drove away. But he ever thought that the old woman reported him to the local traffic police department and claimed that it was he who hit her. Yin Hongbin said he didn’t and the steward on the bus could witness that he didn’t hit her. “After he helped her stand up, the old woman said ‘thank you’ to them”, the steward said. Yin Hongbin was very lucky because the shuttle bus had the monitoring system. The camera recorded the entire process that Yin Hongbin and the steward helped the woman stand up. So he didn’t give the money to her. Later, the old woman’s family sent a flag to Yin’s company, praising his good behavior and thanking him for saving her. I am curious why the old woman insisted Yin hit her. Is it because she is too old and can’t remember anything or she just sets up a trap to ‘make money’? Well, I think that Yin really should say thank you to the monitoring system inside the shuttle bus. Without it, he would have been sentenced to pay medical fee to that old woman. I really suggest that he check the monitoring system every time before he goes out because he said that he would help the people in the same situation in the future. Meanwhile, I strongly suggest all drivers equip monitoring system in their cars or cameras at least, avoiding being wronged by some old men or women who have very bad memory. By the way, the law makers should establish a new regulation to punish those people who set up a trap to take money from kind-hearted people. I suggest those swindlers should be sentenced at least 5 years imprison. If the swindlers can’t be punished, there will be less and less kind-hearted people. |
| Aug 31, 2011 02:25 | #8 |
| What will I do? If I met this situation, I would consider giving a hand to him/her. But, I would place my cell phone aside to record the whole process in case I was set up. You know, it is very difficult to be a good man in today's world. Don't be so naive. |
| Aug 31, 2011 14:03 | #9 |
| Quote:Originally Posted by BBQQ What will I do? If I met this situation, I would consider giving a hand to him/her. But, I would place my cell phone aside to record the whole process in case I was set up.You know, it is very difficult to be a good man in today's world. Don't be so naive. Really, it does happen, so why old not young people involved in all these situations, is there are rules that old man or woman has protection through Court in china. Is that is a cicatrix problem? |
| Aug 31, 2011 21:33 | #10 |
| Quote:Originally Posted by ATTA_BUTT Really, it does happen, so why old not young people involved in all these situations, is there are rules that old man or woman has protection through Court in china. Is that is a cicatrix problem? Maybe the judges are vey kind-hearted. They prefer to help the weak. BBQQ gives a piece of good suggestion. The oldmen or old women who fall on the street and tell lies at the court should be punished. 5 years imprisionment is not enough. They should also pay the one who helped them the same amount of money they asked from them. |
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