14,399 Yuan Car-vs-Electric-Bike Collision: Insurer Pays While Driver Recovers Advance Payment
A car driver who struck an electric bicycle rider was ordered to pay compensation through his insurer, with the court adjusting several damage claims and ultimately requiring the injured cyclist to return part of the driver’s advance payment that exceeded his liability share.
In October 2011, a sedan traveling along a national highway struck the rear of an electric bicycle at a village intersection, injuring the cyclist. Traffic police determined the car driver was fully responsible, citing failure to observe surroundings and ensure safety, while the cyclist had committed no traffic violations.
The cyclist was hospitalized for 13 days with multiple injuries including left patellar fractures, left femoral condyle bruises, left tibial plateau contusions, and a left ulnar coronoid process fracture. Medical expenses totaled 13,514.53 yuan, including hospital and outpatient fees. A judicial appraisal assessed the cyclist’s nursing period at 30 days and the damaged electric bicycle’s repair cost at 1,492 yuan.
The court examined each damage claim carefully. Medical expenses were fully supported by receipts and hospital records. Nursing costs of 2,707 yuan were based on the caregiver’s documented monthly salary. The insurer contested the vehicle damage appraisal, claiming only 560 yuan, but provided no supporting evidence, so the court upheld the full 1,492 yuan assessment. Transportation costs were reduced from the claimed 1,000 yuan to 200 yuan based on the plaintiff’s actual circumstances. A 10 yuan medical record copying fee was included as a minor expense.
Total verified losses came to 18,458 yuan. The insurer paid 14,399 yuan under mandatory traffic insurance, covering 10,000 yuan in medical expenses and 4,399 yuan in property and other damages within policy limits. The remaining 4,059 yuan fell to the car driver. However, since the driver had already advanced 5,682 yuan during treatment, the cyclist was required to return the 1,623 yuan overpayment along with the proportional court costs.