• 1
Nunyo

Foreigner Rights (extortion from a personal accident)

Question

Hello,

My friend (FOREIGNER) was in an accident with a woman (BIACH). FOREIGNER accepted responsibility for the accident and BIACH's injuries by signing a stamped affidavit (without translation or a translator) presented by the responding police officer.  BIACH attempted to have FOREIGNER sign another piece of paperwork detailing additional expenses, FOREIGNER refused to sign. Even the police officer made a face of surprise at the additional expenses, but made no clear indication of their merit.  

 

FOREIGNER has paid all the fees associated with the signed affidavit.

 

Now, BIACH is in contact with our spineless leader (AZFCE) who has decided BIACH is right and FOREIGNER is wrong.  FOREIGNER is being harassed by AZFCE to pay BIACH.  We would like to ensure that FOREIGNER does not have to pay any additional expenses (those not outlined in the itemisation of costs FOREIGNER originally signed).  

 

My questions are:

  1. What are our (non-citizen) rights in regards to personal injury claims?  Where can these rights be found?
  2. Can someone who has been paid, according to a legal document, continue to pile on claims?  If so, what documentation must be provided to justify the claim? 
  3. If you have experienced this before, can you detail the extortion process and the remediation taken either legally or non-legally?

 

Useless responses include:

  1. Hearsay
  2. Personal opinion

 

Thank you for your attention and relevant advice,

Nunya

 

0

Share this post


Link to post
Share on other sites

15 answers to this question

  • 1
12 hours ago, san5324 said:

John Connor was a "famous" dude here who always wanted all foreigners to stick up for any foreigner with any problem. He also believes all foreigners will get kicked out of China just like he was.  He also uses many different profiles and all. Your kind of post is kinda his M-O . 

That being said,  legally there is not a lot the foreigner can do, maybe talk with a lawyer instead of asking for help on a forum?  Tell the foreigner to be prepared to be milked empty. 

Boy, that's a name I haven't seen in forever, LOOOL. 

Get your FRIEND a lawyer. Don't waste time here. LAOWAI'S don't have rights in this country, 9 times out of 10, the judge will almost ALWAYS side with the mainlander. And like San said (which by the way, why are you still posting here? Lol, isn't Holland keeping you occupied enough?!), get your friend prepared to pay up the wazoo.

Never mind. 

0

Share this post


Link to post
Share on other sites
Looking for a job ? The job is looking for you too !  Please UPLOAD/BUILD your resume first → HERE.
  • 0

Strange first post you have,  I smell a John Connor in this one. 

If the foreigner is stupid enough to sign something what he doesn't understand then he deserves it. 

1

Share this post


Link to post
Share on other sites
  • 0

...I mean, I know T2 (best. sequel. ever.), but I don't get the reference, so now I'm disappointed in me.

 

Yes, this is a strange first post for you to read, but not for me to make.

Yes, FOREIGNER is brand new and actin' like it, but, what can he do now? Our opinions of his poor decision (or laughable morals in this society) won't undo the fact that now a woman is harassing him for twice his income. He's a great colleague and I would hate to see him leave just because no one can tell him what his rights are. 

With that said, please, offer advice. Not opinions.  We all know he did the wrong thing. But is there any remedy? Can he stop this extortion?

0

Share this post


Link to post
Share on other sites
  • 0

John Connor was a "famous" dude here who always wanted all foreigners to stick up for any foreigner with any problem. He also believes all foreigners will get kicked out of China just like he was.  He also uses many different profiles and all. Your kind of post is kinda his M-O . 

That being said,  legally there is not a lot the foreigner can do, maybe talk with a lawyer instead of asking for help on a forum?  Tell the foreigner to be prepared to be milked empty. 

1

Share this post


Link to post
Share on other sites
  • 0

Some stupid "foreigner" is playing dumb and pretending innocent, why not get the f... off. Sorry, no previledges here.

Stop being a drama queen, oh, sure, keep kissing your previous "foreign" colleague's ass.

 

0

Share this post


Link to post
Share on other sites
  • 0
6 minutes ago, Dan.Tan said:

Some stupid "foreigner" is playing dumb and pretending innocent, why not get the f... off. Sorry, no previledges here.

Stop being a drama queen, oh, sure, keep kissing your previous "foreign" colleague's ass.

 

Danny boy, how often does it happen that some stupid "Chinese person"  try to scam people? 

1

Share this post


Link to post
Share on other sites
  • 0
3 hours ago, Nunyo said:

<...> He's a great colleague and I would hate to see him leave just because no one can tell him what his rights are. 

With that said, please, offer advice. Not opinions.  We all know he did the wrong thing. But is there any remedy? Can he stop this extortion?

Your friend needs to get a lawyer. This is China, mate. Plenty of horror stories to go around of people getting fucked over. Look up Prozzie on YT - the guy speaks Chinese and got squeezed dry... I mean he's living off patreon supporters (basically poverty).

Another guy was talking about how he had to pay absurd amounts for breaking up with his Chinese gf... she just said that he beat her. That's it. And guy was paying like 40-60k... 

Your friend is screwed.

 

1 hour ago, Dan.Tan said:

Some stupid "foreigner" is playing dumb and pretending innocent, why not get the f... off. Sorry, no previledges here.

Stop being a drama queen, oh, sure, keep kissing your previous "foreign" colleague's ass.

 

 

Next time just write " I HATE ALL STUPID FOREIGNERS". fucking bigot...
 

1 hour ago, san5324 said:

Danny boy, how often does it happen that some stupid "Chinese person"  try to scam people? 

Are you implying some Chinese are not harmonious? :O

2

Share this post


Link to post
Share on other sites
  • 0
1 hour ago, Hungry_Hippo said:

Your friend needs to get a lawyer. This is China, mate. Plenty of horror stories to go around of people getting fucked over. Look up Prozzie on YT - the guy speaks Chinese and got squeezed dry... I mean he's living off patreon supporters (basically poverty).

Another guy was talking about how he had to pay absurd amounts for breaking up with his Chinese gf... she just said that he beat her. That's it. And guy was paying like 40-60k... 

Your friend is screwed.

 

 

Next time just write " I HATE ALL STUPID FOREIGNERS". fucking bigot...
 

Are you implying some Chinese are not harmonious? :O

Some ;p

1

Share this post


Link to post
Share on other sites
  • 0

So, anyway, thank you san5324 and Hungry_Hippo for your advice. 

 

To clarify: we sought help from "English speaking" lawyers in Hangzhou. 

Most of the English speaking lawyers who specialise in personal claims/injuries (as stated on their contact info) are actually corporate lawyers (who target individuals).  Many of the "English speaking" lawyers hire a translator to translate for them = $$$.  The few that did try to speak English were straight fraudulent in their ability.  One guy probably did answer my question, but who knows? It was so ambiguous and run around-y (he was laying foundation for taking the case). The others required a consultation fee of 500RMB+ to provide advice about *avoiding* legal matters. (The price might be less if you speak Chinese.)

I did get into contact with a legal aid in Shanghai and she boiled it down to: he's f***ed.

Essentially, yes, you are liable for paying any of the itemised bills attached to the affidavit (duh) - don't sign it!!  Those are the immediate injuries.  But, the claimant can continue to claim, basically, any expense s/he wants after the fact.  It's your "choice" to pay it.  If you choose not to pay it, then it becomes a court-thing. And, just for an interesting number: 100,000 - 300,000RMB FOR A CHIPPED TOOTH!

So, my friend is effed in the bee.  He signed the affidavit agreeing that he was the person to cause the accident.  Then, he paid her.  So, he accepted liability.  Unfortunately, he was told directly by our Chinese staff (which I only mention to say we had faith they understood the law; in hindsight, obvs if you asked me about legal matters in the US, I could only give an opinion also) to "just sign it so he can leave".


Sorry to anyone else who came here hoping to find meaningful advice.  Generally, in China, you can just get f***ed if you have a problem without guanxi.

A weird P.S. to anyone who's looking at this for advice: if you ask the police to pull the CCTV footage of the accident after you sign the affidavit, they don't have to.  No, it's not because they want you to pay out the nose, it's because you basically just said, "I did it." and you're just being annoying and they have better things to do like hold mugs of tea and stare at stuff.

Another weird P.S.: if you lose your sh***y MP3 player, the police can track you from your exit at Pudong Airport to Hangzhou, then track the taxi driver all the way back to his depot in Shanghai on CCTV. (And if you're thinking, "Whoa! Baller alert!" it's only because, sometimes, the cost of a hotel is equivalent to the price of taxi trip from SH to HZ).

 

But again, thank you san5324 and Hungry_Hippo for offering relevant advice and commentary.

 

Cheers!

1

Share this post


Link to post
Share on other sites
  • 0

The longer you live here and the more stories you hear and learn about the more you know that being bled dry is a common practice here. Happens to Chinese too. It's not limited to Foreigners. I think foreigners are likely more easily taken advantage of because of language and bias in system against them but  happens to Chinese too. There is literally no one you can trust. My friends'  inlaws for example have been trying to scam him and his wife  for the last 8 months in a situation sharing some similarities with yours and have done this to other family members in the past.

Your friend can either leave ASAP or get a better connected lawyer than they have. He will pay money either to supposed victim or to lawyer/bribes either way. I would walk away if I was your colleague and chalk this up to bad luck and just a shitty society devoid of a moral compass.

 

0

Share this post


Link to post
Share on other sites
  • 0
1 hour ago, drown said:

<...> I think foreigners are likely more easily taken advantage of because of language and bias in system against them but  happens to Chinese too. There is literally no one you can trust. My friends'  inlaws for example have been trying to scam him and his wife  for the last 8 months in a situation sharing some similarities with yours and have done this to other family members in the past.

Your friend can either leave ASAP or get a better connected lawyer than they have. He will pay money either to supposed victim or to lawyer/bribes either way. I would walk away if I was your colleague and chalk this up to bad luck and just a shitty society devoid of a moral compass.

 

Well said. It's funny how Chinese apologists don't comment in these topics...

 

3 hours ago, Nunyo said:

To clarify: we sought help from "English speaking" lawyers in Hangzhou. 

<...>
Sorry to anyone else who came here hoping to find meaningful advice.  Generally, in China, you can just get f***ed if you have a problem without guanxi.

<...>

This should be on a t-shirt given out to every single expat in China...

 

 

 

0

Share this post


Link to post
Share on other sites
  • 0

I already asked for you, quite simple. 

The first piece of paper you signed, said you were guilty and you agreed on an amount. Then, you didn't sign the next paper and this was happening WHILE the police were there. The police didn't say you had to pay those additional expenses either. You paid the first settlement agreement. The woman screwed herself over by taking your first payment from the first agreed upon amount. 

What my understand is she probably went to a lawyer AFTERWARDS who said she could've gotten more, now she is trying, but from a legal standpoint she is screwed. Don't let them bully you into another settlement offer because you don't have to pay it. Be nasty back with her lawyer, if your Chinese isn't good enough, find someone whose is. If necessary, get legal counsel. But from my understanding, she doesn't have a pot to piss in anymore. 

0

Share this post


Link to post
Share on other sites
  • 0

BluePasta actually responds to the inquiry as oppose to telling the guy he is stupid for signing something.  He signed the first thing and abided by what it said.  Woman and I guess the guy's boss(?) are trying to twist his arm into paying more than he signed to.  So, fight the shit out of it.

0

Share this post


Link to post
Share on other sites
  • 0

Tell you one thing.  I ain't ever signing a piece of paper claiming fault for any accident I get in, because it won't be my fault.

0

Share this post


Link to post
Share on other sites
  • 0

Although IANAL, I would think that legally - yes. After all, initial costs won't take into consideration any other issues (medical or otherwise) that show up later... just the same as back home! (after all, there are these things called 'on-going' medical costs).

Have the wording of the thing you signed carefully checked... is there a limitation in it? As in - "this amount, and no more".

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now



  • Hangzhou Weekly

    The “Made in China” Anti-Tour for Expats Visiting Hangzhou
    Posted on Wednesday October 12, 2016


    Posted on Friday July 08, 2016

    Publishing my first book
    Posted on Friday June 17, 2016

    49 schools to be set up in next 3 years in Jianggan
    Posted on Monday June 13, 2016

    Kissing Cultures
    Posted on Thursday June 09, 2016

  • Posts

    • Hi,  I am also very new here and moved in on Friday. I am from the UK and completed a BA there. Message me to get my wechat and hopefully we can talk more about our interests! I'm very keen to make new friends and settle well here as I'll be here for 6 months.  Thanks,  Aishah
    • Hi, I've just started as a tutor in Hangzhou and will be here for the next 6 months. I've never been anywhere beyond Europe before and don't really know anyone here so I'm looking to make new friends. I've just graduated from Cambridge Univerisity and I enjoy going out, socialising and meeting new people. I also have extremely bad taste in music.  Feel free to Private message for my wechat.  
    •   Hi, Im Luke, im from England and a native English speaker. I used to live in Spain so also fluent in Spanish. So I can offer English or Spanish tutoring.  I have two years previous experience teaching English as a foreign language to both children, teenagers and adults.  I currently don't have any tutoring so I am therefore free during all afternoons/evenings throughout the week.  If you would like me to teach you or your children, please don't hesitate to contact me. Luke
    • Hello everyone, My name is yang. I am from Canada but chinese by nationality. My college starts next year and until then I’d like to teach English for free. For anyone doubting my English, I’d like to say, I’m confident. In specific, I can help school students, beginner or intermediate English learners, or anyone preparing for TOEFL etc. Anyone from any age group interested in learning is welcome. Kindly recommmend this to anyone who wants to learn English if you see this.   Add me on wechat- [please send me private message for my contact information] for further enquiries. Thank you.
    • Dude,  you make a few mistakes... Xihu Qu just is the district (and it is really big) where zheda yuquan is located..  It would be best to just go to some agencies like wo ai wo jia. Best is to bring a Chinese friend with you because you will get cheated. Will you study at zheda?? Why dont stay in the international dorm building? It is quite comfortable, I stayed there 2 1/2 years.  From there you have a nice base and you can look around.. Keep also in mind that you normally pay 3 months rent at once,  then 1/2 - 1 month rent to the agency and 1 month deposit.. Around zheda you will pay between 3.5k-4.5k easily.