Why did the men's accident fall after injury to a car accident?The success of "deception" was almost becoming a scammer

Author:Red Star News Time:2022.08.19

A man in Chengdu was injured by a motorcycle traffic accident. As a victim of the accident, he moved his mind during the treatment process. While asking the perpetrator to pay for the treatment cost, he applied for reimbursement through medical insurance, but he did not want to miss the drama. I almost became a "fraud".

Men's injury to a car accident is hospitalized

In my heart, I am playing "Little Nine Nine"

In March 2021, when Chen drove a motorcycle at an intersection of a cross route in Jianyang City, he collided with a motorcycle driving with Li, causing Chen to be injured and the vehicle was damaged. After the accident, Li drove away from the scene. Chen was sent to the Jianyang People's Hospital for hospitalization after calling the police, incurred 41,700 yuan in medical expenses.

Li was found by the traffic police after escaping, and promised to bear all responsibilities. At this time, Chen had a "Little Nine Nine" in his heart. Considering that the traffic accident could not be reimbursed, the medical expenses were unable to reimburse, so he decided to report to the hospital that the cause of injury was accidentally injured.

After that, Chen was discharged from Li to the traffic police team to mediate and reached an agreement. The agreement stipulated that Li had a one -time compensation for Chen's cost of 40,000 yuan. At the same time, Chen's medical insurance applied for 13,700 yuan was also successful. Four months later, the judicial appraisal issued by a judicial appraisal in Sichuan showed that Chen was a tenth level of disability, and when Chen took the disability identification book to find Li for compensation again, the two sides did not discuss it. After that, Chen sued Li to the People's Court of Jianyang City, Sichuan Province.

Want medical insurance and compensate "double reimbursement"

The court tried to show the stuffing and ordered it to be refunded

When the Judge of the Shiqiao Court of Jianyang Court, when he tried the case, he found that the medical record submitted by Chen showed that the cause of his injury was an accidental fall rather than a traffic accident. After the reimbursement ", Li also did not recognize the medical expenses on the grounds that the cause of injuries contained in the medical records had nothing to do with this traffic accident. Immediately, the clue of the case of the case of the case of Chen deceived Chen was transferred to the Jianyang Medical Insurance Bureau. After verifying the situation of the Medical Insurance Bureau, Chen ordered Chen to refund 13,700 yuan of medical insurance reimbursement.

The undertaking judge stated that according to Article 30 of the "Social Insurance Law of the People's Republic of China", the medical expenses generated by Chen due to a traffic accident injury should be borne by the third party infringer Li, and it is not a scope of medical insurance reimbursement. The behavior violates the provisions of the article, so it must be refunded, otherwise it will be suspected of fraud and may be sentenced to three years in prison, detention or control, and a single fine.

At the same time, in accordance with the provisions of Article 21 and 24 of the "Regulations on the Liability for Transportation Accident Responsibility", if the vehicle purchases the traffic insurance, the insurance company that guarantees the strong insurance company shall be compensated within the limit of the liability of the strong insurance in accordance with the law; if the rescue is rescued If the cost exceeds the limit of the intensive insurance limit, the non -purchase of the strong insurance or the infringing personnel after escaping, the social assistance fund set up by the country's road traffic accidents can be paid first and then the rescue fund management agency will be recovered to the responsible person. After suffering a traffic accident, the victim should immediately call the police, truthfully state the cause of injury, and safeguard their legitimate rights and interests within the legal scope.

The judge reminds that the medical insurance fund is related to the vital interests of the masses. Only legitimate and legal interests will be protected by law. The law will never allow the interests of others to gain private interest by harming the interests of others and social public interests.

Red Star News reporter Zhang Ling

Cover diagram based on IC Photo

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