Chapter 504: Falling down and still blaming the road for being uneven, right?
It wasn't just Yang Yuxia who was stunned; Zhou Yi hadn't expected Zhou Xinran to pull a stunt like that either.
But he was experienced after all, so he said nothing and let the other party perform.
Zhou Xinran continued there: "So you see, your maintenance center has an inherent obligation to maintain the road, yet you failed to do so, which led to a traffic accident when Mr. Zhou drove past..."
Yang Yuxia finally reacted; she had truly never encountered such a thing.
Mainly, she hadn't expected this girl in front of her to suddenly say such a thing, and she had even taken out credentials—and those credentials looked real...
Thinking of this, Yang Yuxia still said: "Wait a moment, I'll go ask our leader first."
Ordinary employees are usually like this: ask for instructions and report often; doing this ensures there won't be any problems.
Yang Yuxia quickly found Director Wang of the center and reported the situation to him.
Director Wang was taken aback upon hearing this: "You mean someone crashed their car because of this, so they came to us for compensation?"
Yang Yuxia nodded and said: "Yes, Director, and... and they even brought a lawyer."
"Why bring a lawyer? We have no liability for this. He was driving himself and crashed himself; what does that have to do with us? We have already fulfilled our maintenance obligations."
After thinking for a moment, Yang Yuxia added: "Actually, Director, they had called before, mainly to talk about the situation on that stretch of road, but you also know that stretch of road..."
"But just as they finished saying a few words, they suddenly demanded compensation."
Director Wang waved his hand and said: "Alright, tell them this is impossible. There has never been any similar precedent before. If they really say there is a problem, I suggest they take legal channels."
It wasn't that Director Wang was being difficult, but it was truly impossible to pay. Crashing your own car and then coming to find the road maintenance department for compensation—this was a bit absurd.
Does that mean if one day you trip while walking, you must find someone to be held responsible?
Outside, Zhou Yi was chatting with Zhou Xinran next to him.
"Xinran, you caught me off guard with this. The key question is, can we really get them to pay? Does it hold up legally?"
Zhou Yi certainly knew that there were often rumors online saying that if an accident occurs due to an uneven road, one can demand compensation from the road administration.
But these were just rumors online; in reality, there were basically no such cases.
And having followed Lawyer Fang for so long, Zhou Yi also understood that one must never forget: analyze specific problems specifically!
When it comes down to each individual case, it might look very similar to other cases, but if there is even a slight difference, it is not the same.
Zhou Xinran smiled at the side: "I also felt uncomfortable seeing the other party's attitude just now, so I said it subconsciously. As for this compensation, I thought about it, and it seems it might be possible!"
"I remember the Traffic Safety Law has a clear provision: if a traffic accident causing damage occurs due to defects in road management and maintenance, and the party concerned requests the road manager to bear the corresponding liability for compensation, the People's Court shall support it!"
"Unless they can prove they have fulfilled all kinds of obligations, but we haven't seen any warnings, so whether this obligation was fulfilled is in doubt."
Zhou Yi widened his eyes upon hearing this: "Can we really do it like this? But I've already notified the insurance for that car..."
Before he could finish, Yang Yuxia walked out from the side, looked at the two, and said: "That Mr. Zhou, right? I just asked our leader, and your request definitely cannot be agreed to, because there is no such precedent."
"We are responsible for road maintenance, but it's impossible to watch it every day, right? You should pay more attention to the road yourself when driving. It's like saying if you trip while walking, you want us to pay, right!"
"So, I am truly sorry..."
Perhaps because these two had come to the door, Yang Yuxia's attitude had become slightly better.
Zhou Xinran said upon hearing this: "You can't say it like that. Even according to your statement, if you trip while walking, you still have to look at the situation. If you are careless, you do have responsibility, but that doesn't mean you have to bear all the responsibility yourself, right?"
This is also a current difficulty. For example, if the floor in a restaurant or some other place is slippery and you accidentally trip, does the restaurant have responsibility?
According to existing cases, if the restaurant has placed a warning in a prominent position—'Slippery floor, watch your step'—then generally there is no responsibility.
But if there was no reminder, then you have to bear part of the responsibility if you trip.
But in reality, people who go to sue for this part are basically roasted; it's very simple, because from other angles, they seem to be extorting people.
There are quite a few people who hold this view.
If you are walking yourself, you must be careful yourself. If you don't pay attention and then trip, and still want to find the restaurant to pay money, is that reasonable?
The restaurant is truly wronged; for no reason, you come to eat and they have to watch you so you don't trip.
But if you really want to do something legally, responsibility must be divided, so responsibility will be divided according to specific circumstances; it is impossible for one party to bear all the responsibility.
Zhou Xinran was also retorting subconsciously; that's what happens when you study law too much, and after being with Lawyer Fang for a long time, this debate is truly a nerve reflex.
Yang Yuxia shook her head and said: "What you're saying is useless. Our answer here is that we cannot compensate. If you are determined to do something, we suggest you take legal channels to solve the problem."
As mentioned before, this is a classic line, because in a legal sense, the maintenance center is a civil subject.
Other departments are the same; Administrative Litigation targets administrative aspects, but this is a purely civil dispute.
Therefore, when you go to these places, they will generally say this line: suggest taking legal channels.
Yang Yuxia did not know that once this line came out, a certain handsome guy who previously felt it shouldn't be done, instantly had an idea.
Sue, this must be sued!
Those who had said this to him before were all sued in the end; there's no reason not to sue this time. If Lao Li, the community police officer over at Yuefu Residential Quarter, found out, he would definitely feel uncomfortable.
I told you to take legal channels and you sued as soon as you were told, why don't you sue when others say the same? What, are you looking down on me!
How could someone as kind as Zhou Mouren do such a thing of favoring one over the other? Everyone is the same.
"Okay, okay, then since that's the case, we'll leave first. Sorry to bother you." Zhou Yi said with a smile there.
After speaking, he pulled Zhou Xinran next to him and turned to leave.
Seeing this, Yang Yuxia was stunned again. What kind of situation is this? How come it seemed like they were about to quarrel just a moment ago, and now they are leaving so readily?
But it doesn't matter; as long as they left, that's fine. As for the reason why they left, that's not important.
Yang Yuxia turned back to continue working; the maintenance center was still that same maintenance center.
And at this moment, in the car, Zhou Xinran said: "Why did you just leave? Shouldn't you argue with her a bit more?"
Zhou Yi started the car and said: "Argue about what? It's unnecessary. She is just an ordinary employee. Even if you win the debate, so what? She can't decide to pay us compensation anyway."
"Besides, didn't they already give us a solution?"
Gave a solution? Zhou Xinran thought carefully for a long time before saying: "They didn't give one, did they? They didn't say anything, just suggested we take legal channels... Wait, Zhou Yi, you don't mean..."
Zhou Xinran had already widened her eyes. She had indeed wanted to debate the other party just now, but she had never thought about actually filing a lawsuit or anything because of this matter!
First of all, this place is unfamiliar; it's not Jingzhou. A lawyer litigating in a familiar place versus an unfamiliar place is a completely different matter.
In reality, for various reasons, many Law firms in the Imperial Capital and Modu have also begun to expand their business outward; for example, in terms of real estate, local Lawyers don't really take those cases, but Lawyers from the Imperial Capital and Modu will.
Anyway, to them, it's just a matter of fighting a Lawsuit.
Setting aside the issue that a Lawyer cannot promise whether a case will be won or lost, just looking at the Lawsuit itself, for a Lawyer, once the case is won, the matter is considered finished.
However, for those of us who need Legal Aid, does winning the Lawsuit solve the problem?
No, anyone who has ever fought a Lawsuit knows that as long as it involves property or anything of the sort, winning the Lawsuit means the Long March has only just taken its first step!
Compulsory Execution doesn't mean that once you apply, it will be executed for you in a minute; it's not that simple, and the other party has too many methods.
Therefore, these Lawyers are just here to make money, and once they've made their money, they're done; as for whether your Lawsuit is executed or not, that has nothing to do with us Lawyers, that is the business of the Execution Bureau.
This has also led to many owners of unfinished buildings becoming fat sheep in the eyes of many people, with everyone wanting to go up and take a bite...
Then there is the fact that the other party is not an ordinary department; although we say that in civil relations the status is equal, the other party is considered a public institution and is managed by the Highway Bureau.
Adding these two factors together, filing a Lawsuit here is really not a good idea.
"You're right, Xinran, I am indeed planning to take the legal route; since there is such a regulation, why shouldn't we file a Lawsuit?"
Zhou Xinran was stunned for a moment, then added: "But, Zhou Yi, haven't you already reported it to the Insurance Company?"
"Reporting to the Insurance Company doesn't matter; I'll just notify them that I want to withdraw the case. Anyway, as long as the Insurance Company hasn't paid out a claim, the case can be withdrawn at any time."
Once the case is withdrawn, it won't affect the rise in premiums for next year.
Of course, that's not how the math works; such behavior gives people the feeling of taking off one's pants to fart.
But he, Zhou Yi, doesn't care; ever since he got the system, everything he has done has been a case of taking off his pants to fart, so if people want to laugh, let them laugh.
Zhou Xinran nodded and said: "Honestly, sometimes I can't figure out your thinking, but... I have to say, this kind of behavior is very satisfying."
That's right, as long as it's satisfying, why think so much when you have a system? If it's time to file a Lawsuit, then file it, just take it slow.
After thinking for a moment, Zhou Xinran added: "By the way, Zhou Yi, you should contact Lawyer Fang; to be honest, I can't handle this case."
"Ah? Why? I wanted you to handle this case," Zhou Yi said, very puzzled.
"It's different. In terms of the case itself, it's not particularly complicated, but there are too many circumstances outside the case, and I... I don't think I can handle the pressure."
"But Lawyer Fang is definitely different; I haven't really seen similar cases before, so I think Lawyer Fang will definitely be very interested."
That is true; this is different from previous Litigation, and it really does require bearing some pressure, and Fang Dazhuang is the kind of man who treats pressure as motivation.
He has fought quite a few Administrative Litigation cases while in Modu, not to mention that this is just a civil dispute involving the Highway Maintenance Center.
No sooner said than done, Zhou Yi made a phone call to Xiao Zhao at the Insurance Company.
"Hello, Xiao Zhao, I'm calling to tell you that I want to withdraw the case regarding my car; yes, I don't want you to pay out..."
On the other end of the phone, Xiao Zhao, who was busy calculating at the Company, was stunned.
"No, Brother Zhou, this... what is going on? You don't need to think about anything else; you have full coverage with us, so we should pay what we should pay, and it doesn't cost me anything!" Xiao Zhao said.
He is still the kind of person who is relatively kind-hearted, so he was trying to persuade him a bit.
Of course, the most important thing is because of Zhou Yi's identity.
The Insurance Company where Zhou Yi is insured naturally knows Zhou Yi's identity, so they are very careful in this regard.
Before, when Zhou Yi reported the insurance, he specifically instructed Xiao Zhao to be cautious in his words and actions, and if possible, it would be best to make friends with the other party and say some heartfelt words.
That way, even if something went wrong, he, Zhou Yi, wouldn't be able to just sue them directly.
So Xiao Zhao was trying to persuade him now.
Zhou Yi said: "It's not that, it has nothing to do with you; it's that I want to file a Lawsuit against the Highway Maintenance Center here. You saw it yourself at the time, the road surface really had stones and deep potholes, yet they didn't have any warnings."
"Alright, it's settled then; if I need to go to your Company to cancel it, I'll go right now!"
After finishing with Xiao Zhao and hanging up the phone, Zhou Yi dialed Fang Dazhuang's number.
"Hello, Fang Dazhuang, are you busy? There's a good thing here, Xinran said you would probably be interested..."
The second update is here, good night, thanks to another newcomer, Brother Sony, Brother Feimaowuyu, Wenchidage, Book Friend 2022, thanks to the brothers for the tips, thank you.
Today I discovered that this book has a new alliance leader, Brother Feimaowuyu; the alliance leader's bonus update for the beginning of November is delivered, thank you very much!
(End of chapter)
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